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This entry was published on 2021-08-13
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Local conditional release commission; function, powers and duties
Correction (COR) CHAPTER 43, ARTICLE 12
§ 272. Local conditional release commission; function, powers and
duties. The commission shall:

1. have the power and duty of determining which persons sentenced
within the county, or the city of New York, and serving a definite
sentence of imprisonment and eligible for conditional release pursuant
to subdivision two of section 70.40 of the penal law may be released on
conditional release and when and under what conditions in accordance
with section two hundred seventy-three of this article;

2. have the power to determine, as each incarcerated individual
applies for conditional release, the need for supplemental investigation
of the background of such incarcerated individual and cause such
investigation as may be necessary to be made as soon as practicable. The
commission may require that the probation department located in the
jurisdiction of the commission conduct such supplemental investigation.
The results of such investigation together with all other information
compiled by the local correctional facility and the complete criminal
record and family court record of such incarcerated individual shall be
readily available when the conditional release of such incarcerated
individual is being considered. Such information shall include a
complete statement of the crime for which the incarcerated individual
has been sentenced, the circumstances of such crime, all presentence
memoranda, the nature of the sentence, the court in which such
incarcerated individual was sentenced, the name of the judge and
district attorney and copies of such probation reports as may have been
made as well as reports as to the incarcerated individual's social,
physical, mental and psychiatric condition and history;

3. have the legal custody of persons conditionally released and placed
under the supervision of the local probation department 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

4. have the power to revoke the conditional release of any person in
the legal custody of the commission and to issue declarations of
delinquency and authorize the issuance of a warrant for the retaking of
such person, as provided for in section two hundred seventy-four of this

5. for the purpose of any investigation necessary in the performance
of its duties, have the power to issue subpoenas, to compel the
attendance of witnesses and the production of books, papers, and other
documents pertinent to the subject of its inquiry. The minutes of all
commission meetings must be recorded and such records shall be retained
according to applicable standards;

6. have the power to authorize any members thereof to administer oaths
and take the testimony of persons under oath;

7. notify, in writing, the initial sentencing court, the district
attorney and defense counsel within five business days of receipt of an
application for a local conditional release filed under this article and
provide a fifteen day period for comment on such application. Comments
submitted under this subdivision shall be provided to the commission and
all parties;

8. notify in writing the appropriate local probation department prior
to release of a conditionally released person of such department's
responsibilities to supervise such person;

Such notice shall include the name and residence of the person, the
date of release, the conditions of release, and all necessary records
maintained on such person to aid the local probation department in the
performance of its responsibilities pursuant to subdivision six of
section two hundred fifty-six of the executive law;

9. have the power to transfer the legal custody of persons
conditionally released in accordance with the provisions of section two
hundred seventy-five of this article;

10. present an annual report to the county legislature, or in the case
of the city of New York, to the city council, of its findings and
actions on submitted applications.