New York § 272 - 272Local conditional release commission; function, powers and duties

§ 272. 272Local conditional release commission; function, powers and duties

§ 272. Local conditional release commission; function, powers and duties. The commission shall: 1. have the power and duty of determining which persons sentenced within the county, or the city of New York, and serving a definite sentence of imprisonment and eligible for conditional release pursuant to subdivision two of section 70.40 of the penal law may be released on conditional release and when and under what conditions in accordance with section two hundred seventy-three of this article; 2. have the power to determine, as each incarcerated individual applies for conditional release, the need for supplemental investigation of the background of such incarcerated individual and cause such investigation as may be necessary to be made as soon as practicable. The commission may require that the probation department located in the jurisdiction of the commission conduct such supplemental investigation. The results of such investigation together with all other information compiled by the local correctional facility and the complete criminal record and family court record of such incarcerated individual shall be readily available when the conditional release of such incarcerated individual is being considered. Such information shall include a complete statement of the crime for which the incarcerated individual has been sentenced, the circumstances of such crime, all presentence memoranda, the nature of the sentence, the court in which such incarcerated individual was sentenced, the name of the judge and district attorney and copies of such probation reports as may have been made as well as reports as to the incarcerated individual's social, physical, mental and psychiatric condition and history; 3. have the legal custody of persons conditionally released and placed under the supervision of the local probation department for a period of one year, or until returned to the custody of the local correctional facility located in the jurisdiction of the commission, as the case may be; 4. have the power to revoke the conditional release of any person in the legal custody of the commission and to issue declarations of delinquency and authorize the issuance of a warrant for the retaking of such person, as provided for in section two hundred seventy-four of this article; 5. for the purpose of any investigation necessary in the performance of its duties, have the power to issue subpoenas, to compel the attendance of witnesses and the production of books, papers, and other documents pertinent to the subject of its inquiry. The minutes of all commission meetings must be recorded and such records shall be retained according to applicable standards; 6. have the power to authorize any members thereof to administer oaths and take the testimony of persons under oath; 7. notify, in writing, the initial sentencing court, the district attorney and defense counsel within five business days of receipt of an application for a local conditional release filed under this article and provide a fifteen day period for comment on such application. Comments submitted under this subdivision shall be provided to the commission and all parties; 8. notify in writing the appropriate local probation department prior to release of a conditionally released person of such department's responsibilities to supervise such person; Such notice shall include the name and residence of the person, the date of release, the conditions of release, and all necessary records maintained on such person to aid the local probation department in the performance of its responsibilities pursuant to subdivision six of section two hundred fifty-six of the executive law; 9. have the power to transfer the legal custody of persons conditionally released in accordance with the provisions of section two hundred seventy-five of this article; 10. present an annual report to the county legislature, or in the case of the city of New York, to the city council, of its findings and actions on submitted applications.