§ 273. Conditional release; procedures for application and determinations.
626 words·~3 min read·
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§ 273. Conditional release; procedures for application and
determinations. 1. Any incarcerated individual who is eligible for
conditional release by a commission pursuant to subdivision two of
section 70.40 of the penal law and who has served a minimum period of
sixty days in a local correctional facility may apply for conditional
release. Eligibility criteria shall be limited to incarcerated
individuals:
(a)who have not been previously convicted and who do not stand
convicted of any crime which would make such incarcerated individual
ineligible for the receipt of merit time pursuant to section eight
hundred three of this chapter, any crime pursuant to article two hundred
thirty-five of the penal law when the victim of such offense was under
the age of eighteen at the time of the offense, or any crime which the
commission determines constituted a crime of domestic violence;
(b)having jail records which make them eligible for a reduction of
sentence under section eight hundred four of this chapter;
(c)having verified community ties in one of the following areas:
employment, permanent residence and family.
Application shall be made in writing, on forms prescribed by the
division, to the commission in the county where the sentence was
imposed.
2. The commission shall review and make a determination on each
application within thirty days of receipt of such application. No
determination granting or denying such application shall be valid unless
made by a majority vote of at least three commission members present. No
release shall be granted unless there is a reasonable probability that,
if such incarcerated individual is released, he or she shall live and
remain at liberty without violating the law, and that his or her release
is not incompatible with the welfare of society and shall not so
deprecate the seriousness of his or her crime as to undermine respect
for law.
3. If conditional release is granted, the commission shall set the
conditions for release of the person in accordance with rules and
regulations promulgated by the division. Such person shall be given a
copy of the conditions of release. Such conditions shall, where
appropriate, include a requirement that the person comply with any
restitution order previously imposed by a court of competent
jurisdiction that applies to the person.
4. No person who has been granted conditional release shall be
released until such person has served a minimum period of incarceration
of ninety days, in accordance with subdivision two of section 70.40 of
the penal law, and unless such person has agreed in writing to the
conditions set by the commission. Such agreement shall state in plain,
easily understandable language the consequences of a violation of one or
more of the conditions of release.
5. Persons who have been granted conditional release by the commission
established pursuant to this article shall, while on conditional
release, be in the legal custody of the commission 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. The probation department located in the jurisdiction of the
commission has the duty of supervising the person during the period of
such conditional release. The commission shall impose a minimum of four
supervision contacts per month while the person is on conditional
release, unless the commission determines that fewer contacts are
appropriate in any individual case.
6. If conditional release is not granted, the commission shall inform
the person in writing of the factors and reasons for such denial of
conditional release within fifteen days of the decision. Such reasons
shall be given in detail and not in conclusory terms. Incarcerated
individuals denied conditional release are eligible to reapply sixty
days after the date of the denial.