2012 New York Consolidated Laws
EXC - Executive
Article 12-B - (259 - 259-S) STATE BOARD OF PAROLE
259-I - Procedures for the conduct of the work of the state board of parole.

 
    § 259-i. Procedures  for the conduct of the work of the state board of
  parole.
    2. Parole. * (a) (i) Except as provided in subparagraph (ii)  of  this
  paragraph,  at  least one month prior to the date on which an inmate may
  be paroled pursuant to subdivision one of section  70.40  of  the  penal
  law,  a  member or members as determined by the rules of the board shall
  personally interview such inmate and  determine  whether  he  should  be
  paroled   in   accordance   with  the  guidelines  adopted  pursuant  to
  subdivision four of section two hundred fifty-nine-c of this article. If
  parole is not granted upon such review, the inmate shall be informed  in
  writing  within  two weeks of such appearance of the factors and reasons
  for such denial of parole. Such reasons shall be given in detail and not
  in conclusory terms. The board  shall  specify  a  date  not  more  than
  twenty-four  months from such determination for reconsideration, and the
  procedures to be followed upon reconsideration shall be the same. If the
  inmate is released, he shall be  given  a  copy  of  the  conditions  of
  parole.  Such  conditions shall where appropriate, include a requirement
  that the parolee comply with any restitution order, mandatory surcharge,
  sex offender registration fee and DNA databank fee previously imposed by
  a court of competent jurisdiction  that  applies  to  the  parolee.  The
  conditions   shall   indicate   which   restitution   collection  agency
  established under subdivision eight of section 420.10  of  the  criminal
  procedure  law,  shall  be  responsible  for  collection of restitution,
  mandatory surcharge, sex offender registration  fees  and  DNA  databank
  fees  as  provided  for  in  section  60.35 of the penal law and section
  eighteen hundred nine of the vehicle and traffic law.
    (ii) Any inmate who is scheduled for presumptive release  pursuant  to
  section  eight hundred six of the correction law shall not appear before
  the board as provided in subparagraph (i) of this paragraph unless  such
  inmate's  scheduled  presumptive  release  is  forfeited,  canceled,  or
  rescinded subsequently as provided in  such  law.  In  such  event,  the
  inmate  shall  appear  before  the  board  for  release consideration as
  provided in subparagraph (i) of this paragraph as soon thereafter as  is
  practicable.
    * NB Effective until September 1, 2013
    * (a) At least one month prior to the expiration of the minimum period
  or  periods  of  imprisonment  fixed  by the court or board, a member or
  members as determined  by  the  rules  of  the  board  shall  personally
  interview  an  inmate  serving  an  indeterminate sentence and determine
  whether he should be paroled at the expiration of the minimum period  or
  periods   in   accordance   with  the  procedures  adopted  pursuant  to
  subdivision four of section two hundred fifty-nine-c. If parole  is  not
  granted upon such review, the inmate shall be informed in writing within
  two  weeks of such appearance of the factors and reasons for such denial
  of parole. Such reasons shall be given in detail and not  in  conclusory
  terms.  The  board shall specify a date not more than twenty-four months
  from such determination for reconsideration, and the  procedures  to  be
  followed  upon  reconsideration  shall  be  the  same.  If the inmate is
  released, he shall be given a copy of the  conditions  of  parole.  Such
  conditions  shall  where  appropriate,  include  a  requirement that the
  parolee comply  with  any  restitution  order  and  mandatory  surcharge
  previously  imposed by a court of competent jurisdiction that applies to
  the parolee. The conditions shall indicate which restitution  collection
  agency  established  under  subdivision  eight  of section 420.10 of the
  criminal  procedure  law,  shall  be  responsible  for   collection   of
  restitution  and mandatory surcharge as provided for in section 60.35 of
  the penal law and section eighteen  hundred  nine  of  the  vehicle  and
  traffic law.

    * NB Effective September 1, 2013
    (b) Persons presumptively released, paroled, conditionally released or
  released  to  post-release  supervision  from  an  institution under the
  jurisdiction of the department, the department of mental hygiene or  the
  office  of  children  and  family  services  shall, while on presumptive
  release, parole, conditional release or post-release supervision, be  in
  the legal custody of the department until expiration of the maximum term
  or  period  of  sentence,  or  expiration  of the period of supervision,
  including  any  period  of  post-release  supervision,  or   return   to
  imprisonment in the custody of the department, as the case may be.
    (c) (A) Discretionary release on parole shall not be granted merely as
  a  reward  for  good  conduct  or  efficient performance of duties while
  confined but after considering if  there  is  a  reasonable  probability
  that,  if  such  inmate  is released, he will live and remain at liberty
  without violating the law, and that his release is not incompatible with
  the welfare of society and will not so deprecate the seriousness of  his
  crime  as  to  undermine  respect  for law. In making the parole release
  decision, the procedures adopted pursuant to subdivision four of section
  two  hundred  fifty-nine-c  of  this  article  shall  require  that  the
  following  be considered: (i) the institutional record including program
  goals and accomplishments, academic achievements, vocational  education,
  training  or  work  assignments, therapy and interactions with staff and
  inmates; (ii) performance, if any,  as  a  participant  in  a  temporary
  release  program;  (iii)  release  plans  including community resources,
  employment, education and training and support services available to the
  inmate; (iv) any deportation order  issued  by  the  federal  government
  against  the  inmate  while  in  the  custody  of the department and any
  recommendation regarding deportation made by  the  commissioner  of  the
  department pursuant to section one hundred forty-seven of the correction
  law;  (v)  any  statement  made  to the board by the crime victim or the
  victim's representative, where  the  crime  victim  is  deceased  or  is
  mentally or physically incapacitated; (vi) the length of the determinate
  sentence  to  which the inmate would be subject had he or she received a
  sentence pursuant to section 70.70 or section 70.71 of the penal law for
  a felony defined in article two hundred twenty or  article  two  hundred
  twenty-one  of  the penal law; (vii) the seriousness of the offense with
  due consideration to the  type  of  sentence,  length  of  sentence  and
  recommendations  of  the  sentencing  court,  the district attorney, the
  attorney for the inmate, the pre-sentence probation report  as  well  as
  consideration  of any mitigating and aggravating factors, and activities
  following arrest prior to confinement; and (viii) prior criminal record,
  including the nature and pattern of offenses, adjustment to any previous
  probation or parole supervision and institutional confinement. The board
  shall provide toll free telephone access for crime victims. In the  case
  of  an oral statement made in accordance with subdivision one of section
  440.50 of the criminal procedure law,  the  parole  board  member  shall
  present  a  written report of the statement to the parole board. A crime
  victim's representative shall mean the crime victim's closest  surviving
  relative,  the  committee  or  guardian  of  such  person,  or the legal
  representative of any such  person.  Such  statement  submitted  by  the
  victim  or  victim's  representative  may include information concerning
  threatening or intimidating conduct  toward  the  victim,  the  victim's
  representative, or the victim's family, made by the person sentenced and
  occurring  after  the sentencing. Such information may include, but need
  not be limited to, the threatening or intimidating conduct of any  other
  person who or which is directed by the person sentenced.
    (B)  Where  a  crime  victim  or victim's representative as defined in
  subparagraph (A) of this paragraph,  or  other  person  submits  to  the

  parole  board  a  written statement concerning the release of an inmate,
  the  parole  board  shall  keep  that  individual's  name  and   address
  confidential.
    (d)  (i) Notwithstanding the provisions of paragraphs (a), (b) and (c)
  of this subdivision, after the inmate has served his minimum  period  of
  imprisonment  imposed  by  the  court, or at any time after the inmate's
  period of imprisonment has commenced for an inmate serving a determinate
  or indeterminate term of imprisonment, provided that the inmate has  had
  a  final  order  of  deportation issued against him and provided further
  that the inmate is not convicted of either an A-I felony  offense  other
  than  an  A-I felony offense as defined in article two hundred twenty of
  the penal law or a violent felony offense as defined in section 70.02 of
  the penal law, if the inmate is subject to  deportation  by  the  United
  States Bureau of Immigration and Customs Enforcement, in addition to the
  criteria  set  forth in paragraph (c) of this subdivision, the board may
  consider, as a factor warranting earlier release,  the  fact  that  such
  inmate  will  be  deported,  and  may grant parole from an indeterminate
  sentence or release for deportation from a determinate sentence to  such
  inmate conditioned specifically on his prompt deportation. The board may
  make  such  conditional  grant  of  early  parole  from an indeterminate
  sentence or release for deportation from  a  determinate  sentence  only
  where  it  has received from the United States Bureau of Immigration and
  Customs Enforcement assurance (A) that an order of deportation  will  be
  executed  or that proceedings will promptly be commenced for the purpose
  of deportation upon release of  the  inmate  from  the  custody  of  the
  department of correctional services, and (B) that the inmate, if granted
  parole  or  release for deportation pursuant to this paragraph, will not
  be released from the custody of the United States Bureau of  Immigration
  and  Customs  Enforcement,  unless  such  release  be  as  a  result  of
  deportation without providing the  board  a  reasonable  opportunity  to
  arrange for execution of its warrant for the retaking of such person.
    (ii)  An  inmate  who  has  been  granted parole from an indeterminate
  sentence or release for deportation from a determinate sentence pursuant
  to this paragraph shall be delivered to the custody of the United States
  Bureau of Immigration and Customs Enforcement  along  with  the  board's
  warrant for his retaking to be executed in the event of his release from
  such custody other than by deportation. In the event that such person is
  not  deported, the board shall execute the warrant, effect his return to
  imprisonment in the custody of the  department  and  within  sixty  days
  after  such return, provided that the person is serving an indeterminate
  sentence and  the  minimum  period  of  imprisonment  has  been  served,
  personally  interview  him  to determine whether he should be paroled in
  accordance with the provisions of paragraphs (a), (b) and  (c)  of  this
  subdivision. The return of a person granted parole from an indeterminate
  sentence or release for deportation from a determinate sentence pursuant
  to this paragraph for the reason set forth herein shall not be deemed to
  be  a  parole delinquency and the interruptions specified in subdivision
  three of section 70.40 of the penal law shall not apply,  but  the  time
  spent  in  the  custody  of  the United States Bureau of Immigration and
  Customs Enforcement shall be credited against the term of  the  sentence
  in  accordance  with  the  rules  specified  in  paragraph  (c)  of that
  subdivision. Notwithstanding any other  provision  of  law,  any  inmate
  granted parole from an indeterminate sentence or release for deportation
  from   a   determinate  sentence  pursuant  to  this  paragraph  who  is
  subsequently committed to imprisonment in the custody of the  department
  for  a felony offense committed after release pursuant to this paragraph
  shall have his parole eligibility date on the indeterminate sentence for
  the  new  felony  offense,  or  his  conditional  release  date  on  the

  determinate  sentence  for  the  new felony offense, as the case may be,
  extended by the amount of time between the date on which such inmate was
  released from imprisonment in the custody of the department pursuant  to
  this  paragraph  and  the date on which such inmate would otherwise have
  completed service of the minimum period of  imprisonment  on  the  prior
  felony offense.
    (e)   Notwithstanding  the  requirements  of  paragraph  (a)  of  this
  subdivision, the determination to parole an inmate who has  successfully
  completed  the  shock  incarceration  program  pursuant  to  section two
  hundred sixty-seven of the correction law may be made without a personal
  interview of the inmate and shall be made in accordance with  procedures
  set  forth in the rules of the board. If parole is not granted, the time
  period for reconsideration shall not exceed the court imposed minimum.
    3. Revocation of presumptive release, parole, conditional release  and
  post-release supervision. (a) (i) If the parole officer having charge of
  a  presumptively released, paroled or conditionally released person or a
  person released to post-release supervision or a person  received  under
  the   uniform  act  for  out-of-state  parolee  supervision  shall  have
  reasonable cause to believe that such person has  lapsed  into  criminal
  ways  or  company,  or  has  violated  one  or  more  conditions  of his
  presumptive  release,  parole,  conditional  release   or   post-release
  supervision,  such  parole officer shall report such fact to a member of
  the board, or to any officer of the department designated by the  board,
  and  thereupon  a  warrant may be issued for the retaking of such person
  and for his temporary detention in accordance  with  the  rules  of  the
  board.  The  retaking  and  detention  of any such person may be further
  regulated by rules and regulations of the  department  not  inconsistent
  with  this  article.  A  warrant  issued  pursuant to this section shall
  constitute sufficient authority to the superintendent or other person in
  charge of any jail, penitentiary, lockup or detention pen to whom it  is
  delivered  to  hold  in  temporary  detention  the person named therein;
  except that a warrant issued with respect  to  a  person  who  has  been
  released  on medical parole pursuant to section two hundred fifty-nine-r
  of this article and whose parole is being revoked pursuant to  paragraph
  (h)  of  subdivision four of such section shall constitute authority for
  the immediate placement of the parolee only  into  imprisonment  in  the
  custody  of  the  department  to  hold in temporary detention. A warrant
  issued  pursuant  to  this  section  shall  also  constitute  sufficient
  authority to the person in charge of a drug treatment campus, as defined
  in  subdivision twenty of section two of the correction law, to hold the
  person named therein, in accordance with the procedural requirements  of
  this  section,  for  a  period  of  at  least ninety days to complete an
  intensive drug treatment program mandated by the board as an alternative
  to presumptive release or parole or conditional release  revocation,  or
  the  revocation  of  post-release supervision, and shall also constitute
  sufficient authority for return of the person  named  therein  to  local
  custody   to   hold   in  temporary  detention  for  further  revocation
  proceedings in the event said person does not successfully complete  the
  intensive  drug  treatment  program. The board's rules shall provide for
  cancellation of delinquency and  restoration  to  supervision  upon  the
  successful completion of the program.
    (ii)  A  warrant  issued  for  a  presumptive  release,  a  parole,  a
  conditional release  or  a  post-release  supervision  violator  may  be
  executed  by  any  parole  officer  or  any  officer authorized to serve
  criminal process or any peace officer, who is  acting  pursuant  to  his
  special duties, or police officer. Any such officer to whom such warrant
  shall be delivered is authorized and required to execute such warrant by

  taking  such  person  and  having  him  detained  as  provided  in  this
  paragraph.
    (iii) Where the alleged violator is detained in another state pursuant
  to  such  warrant  and  is  not under parole supervision pursuant to the
  uniform act for out-of-state parolee supervision  or  where  an  alleged
  violator  under  parole  supervision  pursuant  to  the  uniform act for
  out-of-state parolee supervision is detained in a state other  than  the
  receiving state, the warrant will not be deemed to be executed until the
  alleged  violator  is  detained exclusively on the basis of such warrant
  and the department has received notification that the  alleged  violator
  (A)  has  formally  waived  extradition  to  this  state or (B) has been
  ordered extradited to this state pursuant to a  judicial  determination.
  The alleged violator will not be considered to be within the convenience
  and  practical  control of the department until the warrant is deemed to
  be executed.
    (b) A person who shall have been taken into custody pursuant  to  this
  subdivision  for  violation  of  one  or  more conditions of presumptive
  release, parole, conditional release or post-release supervision  shall,
  insofar  as  practicable, be incarcerated in the county or city in which
  the arrest occurred.
    (c) (i) Within  fifteen  days  after  the  warrant  for  retaking  and
  temporary  detention  has  been  executed,  unless the releasee has been
  convicted of a new crime  committed  while  under  presumptive  release,
  parole,  conditional  release  or post-release supervision, the board of
  parole shall afford the alleged presumptive release, parole, conditional
  release or post-release supervision violator  a  preliminary  revocation
  hearing before a hearing officer designated by the board of parole. Such
  hearing  officer  shall  not  have had any prior supervisory involvement
  over the alleged violator.
    (ii) The preliminary presumptive release, parole, conditional  release
  or  post-release supervision revocation hearing shall be conducted at an
  appropriate correctional facility, or such other place reasonably  close
  to  the  area  in  which the alleged violation occurred as the board may
  designate.
    (iii) The alleged violator shall, within three days of  the  execution
  of  the  warrant, be given written notice of the time, place and purpose
  of the hearing unless he or she is detained pursuant to  the  provisions
  of  subparagraph  (iv)  of  paragraph  (a) of this subdivision. In those
  instances, the alleged violator will be  given  written  notice  of  the
  time, place and purpose of the hearing within five days of the execution
  of  the  warrant.  The notice shall state what conditions of presumptive
  release, parole, conditional release  or  post-release  supervision  are
  alleged  to  have  been  violated,  and in what manner; that such person
  shall have the right to appear and speak in his or her own behalf;  that
  he  or she shall have the right to introduce letters and documents; that
  he or she may present witnesses who can give relevant information to the
  hearing officer; that he or she has the right to confront the  witnesses
  against  him  or  her.  Adverse witnesses may be compelled to attend the
  preliminary hearing unless the prisoner has  been  convicted  of  a  new
  crime  while  on  supervision  or  unless the hearing officer finds good
  cause for their non-attendance. As far as practicable or  feasible,  any
  additional  documents having been collected or prepared that support the
  charge shall be delivered to the alleged violator.
    (iv) The preliminary hearing shall be scheduled to take place no later
  than fifteen days from  the  date  of  execution  of  the  warrant.  The
  standard  of proof at the preliminary hearing shall be probable cause to
  believe that the presumptive releasee, parolee, conditional releasee  or
  person   under   post-release  supervision  has  violated  one  or  more

  conditions of  his  or  her  presumptive  release,  parole,  conditional
  release  or  post-release  supervision in an important respect. Proof of
  conviction of a crime committed while under supervision shall constitute
  probable cause for the purposes of this section.
    (v)  At  the preliminary hearing, the hearing officer shall review the
  violation charges with the alleged violator, direct the presentation  of
  evidence  concerning  the  alleged  violation, receive the statements of
  witnesses and documentary evidence on behalf of the prisoner, and  allow
  cross examination of those witnesses in attendance.
    (vi) At the conclusion of the preliminary hearing, the hearing officer
  shall  inform  the alleged violator of his or her decision as to whether
  there is probable  cause  to  believe  that  the  presumptive  releasee,
  parolee,  conditional releasee or person on post-release supervision has
  violated one or more conditions of his or her release  in  an  important
  respect.  Based  solely  on  the  evidence  adduced  at the hearing, the
  hearing officer shall determine  whether  there  is  probable  cause  to
  believe  that  such  person has violated his or her presumptive release,
  parole, conditional release or post-release supervision in an  important
  respect.  The hearing officer shall in writing state the reasons for his
  or her determination and the evidence relied on. A copy of  the  written
  findings  shall  be  sent  to  both  the alleged violator and his or her
  counsel.
    (vii) If the hearing officer is satisfied that there  is  no  probable
  cause to believe that such person has violated one or more conditions of
  release  in  an important respect, he or she shall dismiss the notice of
  violation and direct such person be restored to supervision.
    (viii) If the hearing officer is  satisfied  that  there  is  probable
  cause to believe that such person has violated one or more conditions of
  release in an important respect, he or she shall so find.
    * (d)  If  a  finding  of  probable  cause  is  made  pursuant to this
  subdivision either by a determination at a preliminary hearing or by the
  waiver thereof, or if the releasee has been convicted  of  a  new  crime
  while   under   presumptive  release,  parole,  conditional  release  or
  post-release supervision,  the  board's  rules  shall  provide  for  (i)
  declaring  such person to be delinquent as soon as practicable and shall
  require reasonable and appropriate action to make a final  determination
  with respect to the alleged violation or (ii) ordering such person to be
  restored   to   presumptive  release,  parole,  conditional  release  or
  post-release  supervision  under  such  circumstances  as  it  may  deem
  appropriate  or  (iii) when a presumptive releasee, parolee, conditional
  releasee or person on post-release supervision has been convicted  of  a
  new   felony   committed   while   under  such  supervision  and  a  new
  indeterminate or determinate sentence  has  been  imposed,  the  board's
  rules  shall  provide for a final declaration of delinquency. The inmate
  shall then be notified in writing that his release has been  revoked  on
  the  basis  of  the  new  conviction  and a copy of the commitment shall
  accompany said notification. The inmate's  next  appearance  before  the
  board   shall  be  governed  by  the  legal  requirements  of  said  new
  indeterminate or determinate sentence, or shall occur as  soon  after  a
  final reversal of the conviction as is practicable.
    * NB Effective until September 1, 2013
    * (d)  If  a  finding  of  probable  cause  is  made  pursuant to this
  subdivision either by determination at a preliminary hearing or  by  the
  waiver  thereof,  or  if  the releasee has been convicted of a new crime
  while under his present parole or conditional release  supervision,  the
  board's  rules  shall  provide  for  (i)  declaring  such  person  to be
  delinquent as soon as  practicable  and  shall  require  reasonable  and
  appropriate  action  to  make  a final determination with respect to the

  alleged violation or (ii) ordering such person to be restored to  parole
  supervision under such circumstances as it may deem appropriate or (iii)
  when  a  parolee  or  conditional  releasee  has been convicted of a new
  felony  committed  while under his present parole or conditional release
  supervision and a new  indeterminate  sentence  has  been  imposed,  the
  board's  rules shall provide for a final declaration of delinquency. The
  inmate shall then be notified in  writing  that  his  release  has  been
  revoked  on the basis of the new conviction and a copy of the commitment
  shall accompany said notification. The inmate's next  appearance  before
  the  board  shall  be  governed  by  the  legal requirements of said new
  indeterminate sentence, or shall occur as soon after a final reversal of
  the conviction as is practicable.
    * NB Effective September 1, 2013
    (e) (i) If the alleged violator requests a local  revocation  hearing,
  he  or she shall be given a revocation hearing reasonably near the place
  of the alleged violation or arrest if he or she has not  been  convicted
  of a crime committed while under supervision. However, the board may, on
  its own motion, designate a case for a local revocation hearing.
    (ii)  If  there are two or more alleged violations, the hearing may be
  conducted near the place of the violation chiefly relied upon as a basis
  for the issuance of the warrant as determined by the board.
    (iii) If a  local  revocation  hearing  is  not  ordered  pursuant  to
  subparagraph (i) of this paragraph the alleged violator shall be given a
  revocation  hearing  upon  his  or  her  return  to a state correctional
  facility.
    (f) (i) Revocation hearings shall  be  scheduled  to  be  held  within
  ninety  days of the probable cause determination. However, if an alleged
  violator requests  and  receives  any  postponement  of  his  revocation
  hearing,  or  consents to a postponed revocation proceeding initiated by
  the board, or if an alleged violator, by his actions otherwise precludes
  the prompt conduct of such proceedings, the time limit may be extended.
    (ii) The revocation hearing shall be conducted by a presiding  officer
  who  may  be  a  member  or a hearing officer designated by the board in
  accordance with rules of the board.
    (iii) Both the alleged violator and an attorney who has filed a notice
  of appearance on his behalf in accordance with the rules of the board of
  parole shall be given written notice of the date, place and time of  the
  hearing  as  soon  as  possible  but at least fourteen days prior to the
  scheduled date.
    (iv) The alleged violator shall be given written notice of the  rights
  enumerated in subparagraph (iii) of paragraph (c) of this subdivision as
  well  as  of  his  right  to  present  mitigating  evidence  relevant to
  restoration to  presumptive  release,  parole,  conditional  release  or
  post-release supervision and his right to counsel.
    (v)  The alleged violator shall be permitted representation by counsel
  at the revocation hearing. In any case where such person is  financially
  unable  to  retain  counsel, the criminal court of the city of New York,
  the county court or district court in the county where the violation  is
  alleged  to  have  occurred  or  where the hearing is held, shall assign
  counsel in accordance with the county or city  plan  for  representation
  placed in operation pursuant to article eighteen-B of the county law. He
  shall  have  the  right to confront and cross-examine adverse witnesses,
  unless there is good cause for their non-attendance as determined by the
  presiding officer; present witnesses and documentary evidence in defense
  of the charges; and present witnesses and documentary evidence  relevant
  to  the  question  whether  reincarceration  of  the alleged violator is
  appropriate.

    (vi) At the revocation hearing, the charges  shall  be  read  and  the
  alleged  violator shall be permitted to plead not guilty, guilty, guilty
  with explanation or to stand mute. As to each charge, evidence shall  be
  introduced  through  witnesses and documents, if any, in support of that
  charge.  At  the conclusion of each witness's direct testimony, he shall
  be made available for cross-examination. If the alleged violator intends
  to present a defense to the charges or to present evidence of mitigating
  circumstances, the alleged violator shall do so  after  presentation  of
  all  the  evidence  in  support  of  a violation of presumptive release,
  parole, conditional release or post-release supervision.
    (vii) All persons giving evidence at the revocation hearing  shall  be
  sworn before giving any testimony as provided by law.
    (viii)  At  the  conclusion  of  the hearing the presiding officer may
  sustain any or all of the violation charges or may dismiss  any  or  all
  violation  charges. He may sustain a violation charge only if the charge
  is supported by a preponderance of the evidence adduced.
    (ix) If the presiding  officer  is  not  satisfied  that  there  is  a
  preponderance  of evidence in support of the violation, he shall dismiss
  the  violation,  cancel  the  delinquency  and  restore  the  person  to
  presumptive   release,   parole,  conditional  release  or  post-release
  supervision.
    (x)  If  the  presiding  officer  is  satisfied  that   there   is   a
  preponderance of evidence that the alleged violator violated one or more
  conditions  of release in an important respect, he or she shall so find.
  For each violation so found, the presiding officer may (A)  direct  that
  the  presumptive  releasee,  parolee,  conditional  releasee  or  person
  serving a period of post-release supervision be restored to supervision;
  (B)  as  an  alternative  to  reincarceration,  direct  the  presumptive
  releasee,  parolee,  conditional  releasee or person serving a period of
  post-release supervision be placed in a parole transition facility for a
  period not to exceed one hundred eighty days and subsequent  restoration
  to  supervision;  (C)  in the case of presumptive releasees, parolees or
  conditional releasees, direct the violator's reincarceration and  fix  a
  date  for  consideration  by  the  board  for  re-release on presumptive
  release, or parole or conditional release, as the case may be; or (D) in
  the case of persons released to a period  of  post-release  supervision,
  direct the violator's reincarceration up to the balance of the remaining
  period  of post-release supervision, not to exceed five years; provided,
  however, that a defendant serving a term of post-release supervision for
  a conviction of a felony sex offense defined in  section  70.80  of  the
  penal  law  may be subject to a further period of imprisonment up to the
  balance of the remaining period of  post-release  supervision.  For  the
  violator serving an indeterminate sentence who while re-incarcerated has
  not   been   found  by  the  department  to  have  committed  a  serious
  disciplinary infraction, such violator shall be re-released on the  date
  fixed   at   the   revocation  hearing.  For  the  violator  serving  an
  indeterminate sentence who has been found  by  the  department  to  have
  committed  a  serious disciplinary infraction while re-incarcerated, the
  department shall refer the violator to the board for  consideration  for
  re-release  to  community  supervision. Upon such referral the board may
  waive the personal interview between a member or members  of  the  board
  and  the  violator  to determine the suitability for re-release when the
  board directs that the violator be re-released upon  expiration  of  the
  time  assessment.  The  board  shall retain the authority to suspend the
  date fixed for re-release  based  on  the  violator's  commission  of  a
  serious  disciplinary  infraction  and  shall  in  such  case  require a
  personal interview be conducted within a reasonable time between a panel
  of members of the board and the violator to  determine  suitability  for

  re-release.  If  an  interview  is  required, the board shall notify the
  violator in advance of the date and time of such interview in accordance
  with the rules and regulations of the board.
    (xi) If the presiding officer sustains any violations, he must prepare
  a  written  statement,  to be made available to the alleged violator and
  his counsel, indicating the evidence relied upon  and  the  reasons  for
  revoking   presumptive   release,   parole,   conditional   release   or
  post-release supervision, and for the disposition made.
    (g) Revocation of presumptive release, parole, conditional release  or
  post-release  supervision  shall  not  prevent  re-parole  or re-release
  provided such re-parole or re-release is not inconsistent with any other
  provisions of law. When there has been a revocation  of  the  period  of
  post-release supervision imposed on a felony sex offender who owes three
  years  or  more  on such period imposed pursuant to subdivision two-a of
  section 70.45 of the penal law, and a time assessment of three years  or
  more  has  been  imposed, the violator shall be reviewed by the board of
  parole and may  be  restored  to  post-release  supervision  only  after
  serving   three   years   of  the  time  assessment,  and  only  upon  a
  determination by the  board  of  parole  made  in  accordance  with  the
  procedures  set  forth  in this section. Even if the hearing officer has
  imposed a time assessment of a certain number of years of three years or
  more, the violator shall not be released at or before the expiration  of
  that  time  assessment  unless  the  board  authorizes such release, the
  period of post-release supervision  expires,  or  release  is  otherwise
  authorized  by  law.  If  a time assessment of less than three years was
  imposed upon such a defendant, the defendant shall be released upon  the
  expiration  of  such  time  assessment,  unless  he or she is subject to
  further imprisonment or confinement under any other law.
    (h) If the alleged violation is not sustained and the alleged violator
  is restored to supervision, the interruptions specified  in  subdivision
  three  of  section  70.40 of the penal law shall not apply, but the time
  spent in custody in any state or local correctional institution shall be
  credited against the term of the sentence in accordance with  the  rules
  specified in paragraph (c) of such subdivision.
    (i)  Where  there  is  reasonable  cause to believe that a presumptive
  releasee, parolee, conditional releasee  or  person  under  post-release
  supervision  has  absconded  from supervision the board may declare such
  person to be delinquent. This paragraph shall not be construed  to  deny
  such  person  a preliminary revocation hearing upon his retaking, nor to
  relieve the department of any obligation it may  have  to  exercise  due
  diligence to retake the alleged absconder, nor to relieve the parolee or
  releasee  of any obligation he may have to comply with the conditions of
  his release.
    4. Appeals.  (a)  Except  for  determinations  made  upon  preliminary
  hearings  upon  allegations of violation of presumptive release, parole,
  conditional release or post-release supervision, all determinations made
  pursuant to this section  may  be  appealed  in  accordance  with  rules
  promulgated  by  the  board.  Any  board  member who participated in the
  decision from which the appeal is  taken  may  not  participate  in  the
  resolution  of  that  appeal.  The rules of the board may specify a time
  within which any appeal shall be taken and resolved.
    (b) Upon an appeal to the board, the inmate may be represented  by  an
  attorney.  Where the inmate is financially unable to provide for his own
  attorney, upon request an attorney shall be  assigned  pursuant  to  the
  provisions  of subparagraph (v) of paragraph (f) of subdivision three of
  this section.

    5. Actions of the board. Any action by  the  board  or  by  a  hearing
  officer pursuant to this article shall be deemed a judicial function and
  shall not be reviewable if done in accordance with law.
    6.  Record  of  proceedings.  (a)  (i) The board shall provide for the
  making of a verbatim record of each  parole  release  interview,  except
  where  a  decision  is made to release the inmate to parole supervision,
  and each preliminary and  final  revocation  hearing,  except  when  the
  decision  of  the  presiding  officer  after  such  hearings result in a
  dismissal of all charged violations of parole,  conditional  release  or
  post release supervision.
    (ii)  Notwithstanding  the  provisions  of  subparagraph  (i)  of this
  paragraph, the board shall provide for the making of a  verbatim  record
  of  each parole release interview in all proceedings where the inmate is
  a detained sex offender as such term is defined in  subdivision  (g)  of
  section  10.03  of the mental hygiene law. Such record shall be provided
  to the office of mental health for use by  the  multidisciplinary  staff
  and  the  case  review  panel  pursuant  to  section 10.05 of the mental
  hygiene law.
    (b) The chairman of the board of parole shall maintain records of  all
  parole  interviews  and  hearings for a period of twenty-five years from
  the date of the parole release interview  or  until  expiration  of  the
  maximum term of sentence.
    7. Deaf person before the board. Whenever any deaf person participates
  in   an  interview,  parole  release  hearing,  preliminary  hearing  or
  revocation hearing, there shall be appointed a qualified interpreter who
  is certified by a recognized national or New  York  state  credentialing
  authority  to  interpret  the  proceedings  to  and  the  statements  or
  testimony of such deaf person. The board shall  determine  a  reasonable
  fee  for  all  such  interpreting services, the cost of which shall be a
  charge upon the division of parole.