New York § 274 - 274Conditional release; procedures for violation, delinquency, warrants and revocation

§ 274. 274Conditional release; procedures for violation, delinquency, warrants and revocation

§ 274. Conditional release; procedures for violation, delinquency, warrants and revocation. 1. If at any time during the period of conditional release, the commission, or any member thereof, has reasonable cause to believe that a person who has been conditionally released has lapsed into criminal ways or company, or has violated one or more conditions of conditional release, the commission or such member may declare such person delinquent and issue a written declaration of delinquency. Upon such declaration, such commission or such member may issue a warrant for the retaking and temporary detention of such person. 2. A warrant issued pursuant to this section shall constitute sufficient authority to the chief administrative officer of any local correctional facility to whom it is delivered to hold in temporary detention the person named therein. 3. A warrant issued pursuant to this section may be executed by any probation officer or any officer authorized to serve criminal process or any peace officer, who is acting pursuant to his or her special duties, or any 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 or her detained as provided for in this section. 4. The alleged violator shall, within five days of the execution of the warrant, be given written notice of the time, place and purpose of the hearing. The notice shall state what conditions of conditional release are alleged to have been violated and in what manner and shall inform the alleged violator of his or her right to counsel as provided for in subdivision seven of this section. 5. The alleged conditional release violator shall appear before the commission within twenty days of the execution of the warrant. At the time of such appearance the commission shall ask the alleged violator whether he or she wishes to make any statement with respect to the violation. If the alleged violator makes a statement, the commission may accept it and base a decision thereon. If the commission does not accept it, or if the alleged violator does not make a statement, the commission shall proceed with the hearing. 6. The commission may receive any relevant evidence. The alleged violator may cross examine witnesses and may present evidence on his or her own behalf. 7. The alleged violator is entitled to counsel at all stages of any proceeding under this section and the commission shall advise him or her of such right upon delivering to the alleged violator written notice, required pursuant to subdivision four of this section. 8. At the conclusion of the hearing, the commission shall issue a finding. If the commission is not satisfied that there is a preponderance of evidence in support of the violation, the commission shall dismiss the violation, cancel delinquency and restore the person to supervision. If the commission is satisfied that there is a preponderance of evidence that the alleged violator violated one or more conditions of conditional release in an important respect, the commission shall so find. 9. Upon a finding in support of the violation, the commission may revoke the conditional release, or continue or modify the conditions of such conditional release. Where the commission revokes a person's conditional release, such person shall be committed to the custody of the chief administrative officer of the local correctional facility to serve the time remaining on his or her sentence, in accordance with subdivision three of section 70.40 of the penal law. Where the commission modifies the conditions of the conditional release, the commission shall inform the person, in writing, of such modified conditions. 10. Any actions by the commission pursuant to this article shall be deemed a judicial function and shall not be reviewable if done in accordance with law. * 11. The commission, or any member thereof, shall not determine that a person who has been conditionally released has lapsed into criminal ways or company, or has violated one or more conditions of conditional release because such person engages in bona fide work for an employer, including travel time to or from bona fide work, during curfew times set by conditions of conditional release. For purposes of this section, bona fide work is work performed as an employee for an employer, as defined in section two of the labor law. * NB There are 2 sb 11's * 11. The commission, or any member thereof, shall not determine that a person who has been conditionally released has lapsed into criminal ways or company, or has violated one or more conditions of conditional release because such person participated in work related labor protests, or in a lawful labor dispute, strike or other concerted stoppage of work or slowdown pursuant to article twenty of the labor law or the national labor relations act (29 U.S.C. sections 151 et. seq.). * NB There are 2 sb 11's