§ 259. Definitions.
266 words·~1 min read·
/ny/executive/state-board-of-parole/259·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 259. Definitions. When used in this article, the following terms
shall have the following meanings:
1. "Board" means the state board of parole.
2. "Commissioner" means the commissioner of the department of
corrections and community supervision.
3. "Community supervision" means the supervision of individuals
released into the community on temporary release, presumptive release,
parole, conditional release, post release supervision or medical parole.
4. "Department" means the department of corrections and community
supervision.
5. "Releasee" means an individual released from an institution under
the jurisdiction of the department into the community on temporary
release, presumptive release, parole, conditional release, post-release
supervision or medical parole.
6. "Technical violation" means any conduct that violates a condition
of community supervision in an important respect, other than the
commission of a new felony or misdemeanor offense under the penal law.
7. "Non-technical violation" means:
(a)the commission of a new felony
or misdemeanor offense; or
(b)conduct by a releasee who is serving a
sentence for an offense defined in article 130 of the penal law or
section 255.26 or 255.27 of such law, and such conduct violated a
specific condition reasonably related to such offense and efforts to
protect the public from the commission of a repeat of such offense.
8. "Absconding" means intentionally avoiding supervision by failing to
maintain contact or communication with the releasee's assigned community
supervision officer or area bureau office and to notify his or her
assigned community supervision officer or area bureau office of a change
in residence, and reasonable efforts by the assigned community
supervision officer to re-engage the releasee have been unsuccessful.