New York Codes Rules Regulations (Last Updated: March 27,2024) |
TITLE 9. Executive Department |
Subtitle CC. Division of Parole |
Part 8005. Revocation Hearings |
Preliminary Hearings |
Sec. 8005.3. Notice of violation
Latest version.
- (a) A notice of violation shall be presented to the alleged violator within three days after the execution of a warrant for retaking and temporary detention, and not less than 48 hours prior to the preliminary hearing, except that, 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 the 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 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.(b) The notice of violation shall inform the alleged violator of the time, place and purpose of the hearing, and shall state what conditions of parole or conditional release are alleged to have been violated and in what manner.(c) The notice of violation shall state that at the preliminary hearing the alleged violator:(1) has the right to appear and speak on his own behalf and that he will be allowed to appear with counsel, which it is his duty to obtain;(2) has the right to introduce letters and documents;(3) may present witnesses who can give relevant information to the hearing officer; and(4) has the right to confront and cross-examine the witnesses against him, unless he has been convicted of a new crime while on supervision or the hearing officer finds good cause on the record for their nonattendance. Adverse witnesses may be compelled to attend the preliminary hearing.