N.Y. Executive Law 259 – Definitions
§ 259. Definitions. When used in this article, the following terms shall have the following meanings:
Terms Used In N.Y. Executive Law 259
- Board: means the state board of parole. See N.Y. Executive Law 259
- Commissioner: means the commissioner of the department of corrections and community supervision. See N.Y. Executive Law 259
- 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. See N.Y. Executive Law 259
- Department: means the department of corrections and community supervision. See N.Y. Executive Law 259
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See N.Y. Executive Law 259
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.