N.Y. EXC. LAW § 259-i : NY Code - Section 259-I: Procedures for the conduct of the work of the state board of parole

1. Establishment of minimum periods of imprisonment.
    (a) In any case where a person is received in an institution under the
  jurisdiction  of  the  department  of  correctional  services  with   an
  indeterminate  sentence, and the court has not fixed a minimum period of
  imprisonment, the board shall cause to be brought  before  one  or  more
  members  in  accordance  with  the rules of the board within one hundred
  twenty days from the date  on  which  such  person  is  received  in  an
  institution  under  the  jurisdiction  of the department of correctional
  services pursuant to such sentence or as soon thereafter as practicable,
  all information with regard to such persons referred to  in  subdivision
  three of section two hundred fifty-nine-c of this article. The member or
  members  receiving  such  information  shall  study  the  same and shall
  personally interview  the  sentenced  person.  Upon  conclusion  of  the
  interview,  he  shall determine the minimum period of imprisonment to be
  served prior to parole consideration in accordance with  the  guidelines
  adopted pursuant to subdivision four of section two hundred fifty-nine-c
  of  this  article.  Such guidelines shall include (i) 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  and  prior to confinement; and (ii) prior
  criminal  record,  including  the  nature  and  pattern   of   offenses,
  adjustment   to   any  previous  probation  or  parole  supervision  and
  institutional confinement. Such determination shall have the same  force
  and  effect  as a minimum period fixed by a court, except that the board
  may provide by rule for the making of subsequent determinations reducing
  such minimum period which shall not be reduced to less  than  one  year.
  Notification  of such determination and of any subsequent determinations
  and of the reasons  therefor  shall  be  furnished  in  writing  to  the
  sentenced  person and to the person in charge of the institution as soon
  as practicable. Such reasons  shall  be  given  in  detail  and  not  in
  conclusory terms.
    (b)  In  any  case  where  the minimum period of imprisonment is fixed
  independent of the criteria adopted by the board pursuant to subdivision
  four of section  two  hundred  fifty-nine-c  of  this  article,  written
  reasons  shall  be  given  for  such  determination in detail and not in
  conclusory terms.
    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 board
  of parole 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 parole 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 parole board for release
  consideration as provided in subparagraph (i) of this paragraph as  soon
  thereafter as is practicable.
    * NB Effective until September 1, 2011
    * (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  guidelines  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  board  of  parole  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, 2011
    (b) Persons presumptively released, paroled, conditionally released or
  released  to  post-release  supervision  from  an  institution under the
  jurisdiction  of  the  department  of  correctional  services   or   the
  department  of  mental  hygiene  shall,  while  on  presumptive release,
  parole, conditional release or post-release supervision, be in the legal
  custody of the division of parole 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  the
  custody of the department of correctional services, 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 guidelines 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 interpersonal relationships
  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 of correctional services  and  any  recommendation  regarding
  deportation  made  by the commissioner of the department of correctional
  services 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;  and  (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. 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.   Notwithstanding   the
  provisions  of  this  section, in making the parole release decision for
  persons whose minimum period of imprisonment was not fixed  pursuant  to
  the  provisions  of  subdivision one of this section, in addition to the
  factors listed in this paragraph the board shall  consider  the  factors
  listed in paragraph (a) of subdivision one of this section.
    (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  Immigration  and  Naturalization  Service,  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   Immigration   and

  Naturalization  Service  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 Immigration
  and Naturalization Service, 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
  Immigration  and  Naturalization  Service 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  the
  custody of the department of correctional services 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 Immigration and Naturalization
  Service 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 the custody of the department of correctional services 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  the  custody  of the department of correctional services
  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 of parole, or to any officer of the division 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 division 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 the  custody  of  the  department  of
  correctional  services  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 of parole 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  division  of parole 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 division  of  parole  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, 2011
    * (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, 2011
    (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.  Where  a
  date  has  been  fixed  for  the  violator's  re-release  on presumptive
  release, parole or conditional release, as the case may be, the board or
  board member may waive  the  personal  interview  between  a  member  or
  members  of  the board and the violator to determine the suitability for
  re-release; provided, however, that the board shall retain the authority
  to suspend the date fixed for  re-release  and  to  require  a  personal
  interview  based on the violator's institutional record or on such other
  basis as is authorized by the rules and regulations of the board. If  an
  interview  is  required, the board shall notify the violator of the time
  of such interview in accordance with the rules and  regulations  of  the
  board.  If  the  violator  is  placed in a parole transition facility or
  restored to supervision, the presiding officer  may  impose  such  other
  conditions  of  presumptive  release,  parole,  conditional  release, or
  post-release  supervision  as  he  or  she  may  deem  appropriate,   as
  authorized by rules 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 division of parole 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) 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.
    (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.