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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 9. Executive Department |
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Subtitle CC. Division of Parole |
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Part 8005. Revocation Hearings |
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Final Revocation Hearings |
Sec. 8005.18. Notice of final revocation hearings
Latest version.
- (a) The alleged violator and an attorney who has filed a notice of appearance shall be given written notice of the date, place and time of the hearing as soon as possible, but at least 14 days prior to the scheduled date of the hearing.(b) The notice to be served upon the alleged violator shall also set forth the alleged violator's rights at a final revocation hearing, which are:(1) the right to be represented by counsel;(2) the right to appear and speak on his own behalf;(3) the right to introduce letters and documents;(4) the right to present witnesses who can give relevant information to the presiding officer, and to compel the attendance of and confront and cross-examine the witnesses against him, unless the presiding officer finds good cause for their nonattendance and states such cause on the record; and(5) the right to present mitigating evidence relevant to the restoration of parole.(c) The notice to be served upon the alleged violator shall include a copy of the report of violation of parole.(d) An attorney who has filed a notice of appearance is entitled to, and shall be given, written notice of the date, place and time of the hearing at least 14 days prior to the scheduled date of the hearing.