N.Y. Correct. Law § 201

§ 201. Authority and responsibility for community supervision. 1. The\ndepartment shall have responsibility for the preparation of reports and\nother data required by the state board of parole in the exercise of its\nindependent decision making functions.\n 2. In accordance with the provisions of this chapter, the department\nshall supervise inmates released to community supervision, except that\nthe department may consent to the supervision of a released inmate by\nthe United States parole commission pursuant to the witness security act\nof nineteen hundred eighty-four.\n 3. To facilitate the supervision of all inmates released to community\nsupervision, the commissioner shall consider the implementation of a\nprogram of graduated sanctions, including but not limited to the\nutilization of a risk and needs assessment instrument that would be\nadministered to all inmates eligible for community supervision. Such a\nprogram would include various components including approaches that\nconcentrate supervision on new releases, alternatives to incarceration\nfor technical parole violators and the use of enhanced technologies.\n 4. The department shall conduct such investigations as may be\nnecessary in connection with alleged violations of community\nsupervision.\n 5. The department shall assist inmates eligible for community\nsupervision and inmates who are on community supervision to secure\nemployment, educational or vocational training, and housing.\n 6. The department shall have the duty to provide written notice to\ninmates prior to release to community supervision or pursuant to\nsubdivision six of section 410.91 of the criminal procedure law of any\nrequirement to report to the office of victim services any funds of a\nconvicted person as defined in section six hundred thirty-two-a of the\nexecutive law, the procedure for such reporting and any potential\npenalty for a failure to comply.\n 7. The department shall encourage apprenticeship training of such\npersons through the assistance and cooperation of industrial, commercial\nand labor organizations.\n 8. The department may establish a community supervision transition\nprogram, which is hereby defined as community-based residential\nfacilities designed to aid community supervision violators to develop an\nincreased capacity for adjustment to community living. Presumptive\nreleasees, parolees, conditional releasees and those under post-release\nsupervision who have either (a) been found pursuant to article twelve-B\nof the executive law to have violated one or more conditions of release\nin an important respect, or (b) allegedly violated one or more of such\nconditions upon a finding of probable cause at a preliminary hearing or\nupon the waiver thereof may be placed in a community supervision\ntransition facility. Placement in such a facility upon a finding of\nprobable cause or the waiver thereof shall not preclude the conduct of a\nrevocation hearing, nor, absent a waiver, operate to deny the releasee's\nright to such revocation hearing.\n * 9. (a) The department shall collect a fee of thirty dollars per\nmonth, from all persons over the age of eighteen who after the effective\ndate of this subdivision are supervised on presumptive release, parole,\nconditional release or post-release supervision. The department shall\nwaive all or part of such fee where, because of the indigence of the\noffender, the payment of said fee would work an unreasonable hardship on\nthe person convicted, his or her immediate family, or any other person\nwho is dependent on such person for financial support.\n (b) The supervision fee authorized by this subdivision shall not\nconstitute nor be imposed as a condition of community supervision.\n (c) In the event of non-payment of any fees that have not been waived,\nthe department may seek to enforce payment in any manner permitted by\nlaw for enforcement of a debt owed to the state; provided, however, such\nenforcement shall not include use of any private debt collection agency\nor service.\n (d) Nothing contained in this subdivision affects or limits the\nprovisions of section two hundred fifty-nine-mm of the executive law,\nrelating to out-of-state parole supervision. Prior to a transfer of\nparole supervision to another state, the department shall eliminate any\nsupervision fee imposed pursuant to this subdivision. The department may\ncollect a fee, pursuant to this subdivision and regulations promulgated\nthereunder, from any person whose parole supervision is transferred to\nthis state from another.\n (e) (i) Notwithstanding any other law, rule or regulation to the\ncontrary, and except as provided for in subparagraph (ii) of this\nparagraph, the supervision fee authorized by this subdivision shall not\nbe collected by the parole officer of a person on community supervision.\nThe department may promulgate rules and regulations to establish\nalternative methods for payment of such supervision fee by persons on\ncommunity supervision.\n (ii) At any reporting location not under the dominion and control of\nthe department, the parole officer may be authorized to collect the\nsupervision fee.\n * NB Repealed September 1, 2017\n 10. The department shall have the power to grant and revoke\ncertificates of relief from disabilities and certificates of good\nconduct as provided for by law.\n 11. In any case where a person is entitled to jail time credit under\nthe provisions of paragraph (c) of subdivision three of section 70.40 of\nthe penal law, to certify to the person in charge of the institution in\nwhich such person's sentence is being served the amount of such credit.\n 12. The department shall supervise all persons who are released and\nsubject to a regimen of strict and intensive supervision and treatment\npursuant to article ten of the mental hygiene law. The department shall\nissue and periodically update rules and regulations concerning the\nsupervision of such persons in consultation with the office of sex\noffender management in the division of criminal justice services and the\noffice of mental health.\n 13. The department shall perform such other functions as are necessary\nand proper in furtherance of the objective of maintaining an effective,\nefficient and fair system of community supervision.\n 14. The commissioner shall promulgate such regulations as are\nnecessary and proper for the efficient performance of the functions set\nforth in this article. He or she shall have the authority to contract\nwith public or private agencies for the performance of the functions set\nforth in this section as are necessary or appropriate to promote the\nefficient performance of such responsibilities, except the functions\ndefined in subdivisions one, two, four, ten and twelve of this section.\n 15. The commissioner shall provide an annual report to the temporary\npresident of the senate, the speaker of the assembly, the minority\nleader of the senate and minority leader of the assembly, commencing\nJanuary first, two thousand twelve. Such report shall include but not be\nlimited to the number of persons: released to community supervision and\nthe release type; supervised on community supervision during the\npreceding year; whose community supervision was revoked; returned to\nincarceration for conviction of a new felony committed while on\ncommunity supervision; transferred out of state pursuant to the\nInterstate Compact for Adult Supervision. In addition, the commissioner\nshall provide other available information regarding community\nsupervision to the temporary president of the senate, the speaker of the\nassembly, the minority leader of the senate and minority leader of the\nassembly upon request.\n