Parole And Supervision
Exec. Law § 259-i — notice, a preliminary hearing, and a final hearing on clear and convincing evidence
Post release supervision. A court imposing a determinate sentence states, with the term of imprisonment, an additional period of post release supervision. Outside felony sex offenses it is five years, apart from the shorter periods the section sets for some sentences, which run from one year up to five. A violation during it can bring further imprisonment up to the balance of the period, not to exceed five years, with a longer limit for a felony sex offense.
- A parole officer with probable cause to believe a person has committed a technical violation reports it, and a written notice of violation may be issued and promptly served.
- For a technical violation a warrant may issue only where the person failed to appear in response to the notice, did not appear voluntarily within forty eight hours after that, and would be subject to incarceration if the violation were sustained.
- For a non technical violation, a notice of violation or a warrant may issue.
- Being in the company of a person with a criminal record, or conduct related to cannabis that is lawful under the laws of New York, is not a ground for a notice of violation or a warrant.
Before a court within twenty four hours. When a warrant is executed, the officer presents the releasee for a recognizance hearing: in the city of New York to the criminal court or the supreme court criminal term within twenty four hours, and elsewhere to a county, district or city court. If no such court is available within twenty four hours, the hearing starts the next day one is. The department has the burden of showing the warrant was properly issued and served, and the court weighs the person's employment, family and community ties.
| The hearing | When the department affords it |
|---|---|
| The hearingPreliminary hearing, after a notice of violation or release on recognizance | When the department affords itWithin ten days of the notice or the order |
| The hearingPreliminary hearing, after a court ordered the person detained | When the department affords itWithin five days of the order or the execution of the warrant |
| The hearingFinal revocation hearing, when detained after a finding at the preliminary hearing | When the department affords itWithin thirty days of that finding |
| The hearingFinal revocation hearing, after a notice of violation or release on recognizance | When the department affords itWithin forty five days of the notice or the order |
- At these hearings the person has the right to written notice of the time, place and purpose of the hearing, and of the conditions alleged to have been violated and in what manner.
- The right to appear and speak, to introduce letters and documents, and to present witnesses.
- The right to confront the witnesses against the person.
- The right to representation by counsel at the preliminary and the final hearing, with counsel assigned to a person financially unable to retain one.
- The hearings are held in a courthouse, or another place that is not a correctional facility, detention center or local correctional facility.
Two standards. At the preliminary hearing the question is whether a preponderance of the evidence shows a violation of a condition in an important respect. At the final hearing a charge may be sustained only on clear and convincing evidence. Conduct behind an arrest does not form the basis of a sustained violation if a court has resolved it with an acquittal, an adjournment in contemplation of dismissal, or a violation.
| A sustained technical violation | Reincarceration, at most |
|---|---|
| A sustained technical violationCurfew, alcohol or drug use, fees, a driver's license and the other kinds the section names | Reincarceration, at mostNone, with the exceptions it states |
| A sustained technical violationThe first and second of other kinds | Reincarceration, at mostNone |
| A sustained technical violationThe third | Reincarceration, at mostSeven days |
| A sustained technical violationThe fourth | Reincarceration, at mostFifteen days |
| A sustained technical violationThe fifth and later | Reincarceration, at mostThirty days |
| A sustained technical violationAbsconding, the first | Reincarceration, at mostSeven days |
| A sustained technical violationAbsconding, the second | Reincarceration, at mostFifteen days |
| A sustained technical violationAbsconding, the third and later | Reincarceration, at mostThirty days |
What else may follow. For each violation found, the presiding officer may restore the person to supervision, direct reentry services in the community, or direct reincarceration within the section's limits, and imposes the least restrictive reasonable sanction. For a non technical violation by a person on post release supervision, reincarceration may run up to the balance of the period, not to exceed five years. A sustained violation is explained in a written statement of the evidence and reasons.
Probation. The court specifies the conditions as part of the sentence and gives the person a written copy. A new offense, other than a traffic infraction, is a ground for revocation whether or not it is a stated condition, and bona fide work for an employer, including travel to and from it, during curfew hours is not a violation.
- The court decides a probation officer's request for a declaration of delinquency within seventy two hours of receiving it.
- Where the court issues a notice to appear on a violation petition, the person appears within ten business days of the order.
- The court files a statement of the conditions violated and the time, place and manner, gives the person a copy, and holds a summary hearing without a jury, at which a violation must be found by a preponderance of the evidence.
- The person is entitled to counsel at every stage, and may cross examine witnesses and present evidence.
- The court may revoke, continue or modify the sentence, and the person is credited for the time supervised before the declaration of delinquency and for time in custody on the alleged violation.
Parole release interviews are on the earned time page. Local conditional release, supervision in another state, appeals from a revocation decision, and the department's own rules are not on this page. Whether a hearing was held in time in a particular case is a question for a licensed New York attorney.
Sources for this section (6)
- Exec. Law § 259-i — Procedures for the conduct of the work of the state board of parole
- CPL § 410.70 — Hearing on violation
- Penal Law § 70.45 — Determinate sentence; post-release supervision
- CPL § 410.10 — Specification of conditions of the sentence
- CPL § 410.30 — Declaration of delinquency
- CPL § 410.40 — Notice to appear, warrant
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.