All
All
Parallel
Title
Appellant
Respondent
Lawyer
Parallel Search is an AI-driven legal research functionality that uses natural language understanding to find conceptually relevant case law, even without exact keyword matches.
Hi, I'm AMICUS. Your GPT powered virtual legal assistant.
Let's chat.
Log in
Sign Up
Select Country
India
UK
&
Ireland
AMICUS AI
CaseIQ
Keyword Research
Parallel Search
Browse
Commentaries
Columns
My Project
New chat
Federal
U.S. Supreme Court
Federal Circuit
1st Circuit
2d Circuit
3d Circuit
4th Circuit
5th Circuit
6th Circuit
7th Circuit
8th Circuit
9th Circuit
10th Circuit
11th Circuit
Court of Appeals for the D.C. Circuit
Board of Immigration Appeals
Special Courts
Bankruptcy
State
Alabama
Alaska
Arkansas
Arizona
California
Colorado
Connecticut
Delaware
District Of Columbia
Florida
Georgia
Guam
Hawaii
Iowa
Idaho
Illinois
Indiana
Kansas
Kentucky
Louisiana
Massachusetts
Maryland
Maine
Michigan
Minnesota
Missouri
Mississippi
Montana
Nebraska
North Carolina
North Dakota
New Hampshire
New Jersey
Northern Mariana Islands
New Mexico
Nevada
New York
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Vermont
Washington
Wisconsin
West Virginia
Wyoming
N.Y. Comp. Codes R. & Regs. tit. 9 § 8005.7 : EXECUTIVE DEPARTMENT — Division of Parole — [Effective 3/18/2023] Revocation Hearings —[Effective 3/18/2023] Preliminary Hearings — [Effective 3/18/2023] Conduct of hearing
Text
(a)
At the preliminary hearing, the preliminary hearing officer shall read each violation charge and the alleged violator shall plead not guilty, guilty, guilty with an explanation, or stand mute with respect to each charge.
(1)
If the alleged violator at a preliminary hearing pleads guilty to the substance of any charge or an acceptable variation thereof, or admits charged conduct which is a violation of the conditions of release in an important respect, the preliminary hearing officer shall conclude the hearing.
(2)
If the alleged violator pleads not guilty to the charges, or elects to stand mute, the preliminary hearing officer shall proceed to direct the presentation of evidence concerning a violation charge, receive statements of witnesses and documentary evidence on behalf of the alleged violator and allow cross-examination of those witnesses in attendance with respect to that charge.
(3)
The standard of proof at the preliminary hearing shall be probable cause to believe that the releasee has violated one or more of the conditions of his release in an important respect. Proof of conviction of a crime committed subsequent to release on parole or conditional release shall constitute probable cause.
(4)
The hearing shall conclude at such time as the preliminary hearing officer finds that there is probable cause to believe that the alleged violator has violated the conditions of his release in an important respect, or when all charges have been heard and no probable cause has been found.
(5)
If the preliminary hearing officer finds that there is probable cause to believe that the alleged violator has violated one or more of the conditions of parole in an important respect, he shall direct that the alleged violator be held for further action pursuant to section
8004.3
of this Title.
(6)
If the preliminary hearing officer finds that there is no probable cause to believe that the alleged violator has violated one or more of the conditions of his release in an important respect, he shall dismiss the notice of violation and direct such person be restored to supervision.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 8005.7
×