410.92 - Probation detainer warrant pilot project.
* § 410.92. Probation detainer warrant pilot project. 1. The division of probation and correctional alternatives shall establish a pilot project to implement the provisions of this section. Such pilot project shall be established in four counties designated by the division of probation and correctional alternatives provided that each such county shall be in a distinct region of the state outside of the city of New York. The state director of probation and correctional alternatives shall have the power to adopt rules and regulations necessary to effectuate the provisions of this section. 2. A person under probation supervision for conviction of a sex offense or a sexually violent offense, as such terms are defined by subdivision two or three of section one hundred sixty-eight-a of the correction law, or a family offense as defined in subdivision one of section 530.11 of this chapter, who has been taken into custody pursuant to section 410.40 or section 410.50 of this article in a county designated pursuant to subdivision one of this section for violation of a condition of a sentence of probation must forthwith be brought before the court that imposed the sentence. Where the court that imposed sentence is a local criminal court and no judge from that court is available, and such person has been taken into custody pursuant to subdivision four of section 410.50 of this article, such person shall be brought before any available alternative court as described in subdivision five of section 120.90 of this chapter. Where the court that imposed the sentence is a superior court and no judge from that court is available, such person shall be brought before any available local criminal court in the same county. When no such alternative court is available, the probation officer shall report such fact and such efforts to locate an available alternative court to the director or deputy director of the local probation department, and thereupon a warrant may be issued by such director or deputy director for the temporary detention of such person upon that official's determination that a public safety risk requires that the probationer be immediately taken into custody. A warrant issued pursuant to this subdivision shall constitute sufficient authority to the superintendent or other person in charge of any jail, penitentiary, lockup or detention pen to whom it is delivered to hold in temporary detention the person named therein. During such period of temporary detention, a warrant issued pursuant to this subdivision shall have the same effect as a warrant issued by a court pursuant to subdivision two of section 410.40 of this article. 3. A person temporarily detained pursuant to subdivision two of this section shall be brought before the sentencing court without unnecessary delay, and in any event within forty-eight hours, whether or not the court is scheduled to be in session. If the court has reasonable cause to believe that such person has violated a condition of the sentence, it may commit him or her to the custody of the sheriff or fix bail or release such person on his or her own recognizance for future appearance at a hearing to be held in accordance with section 410.70 of this article. If the court does not have reasonable cause to believe that such person has violated a condition of the sentence, it must direct that he or she be released. The court shall consider all relevant facts and circumstances and render an independent judgment in making a decision under this subdivision and shall not rely on the determination to temporarily detain such person made by the director or deputy director of the local probation department pursuant to subdivision two of this section. 4. Except as provided in subdivisions two and three of this section, the provisions of section 410.60 of this article shall apply to persons taken into custody pursuant to section 410.40 or 410.50 of this articlefor violation of a condition of a sentence of probation in a county designated pursuant to subdivision one of this section. 5. The division of probation and correctional alternatives shall develop a standard reporting form that will be used by probation departments for collecting data relating to detainer warrants issued pursuant to subdivision two of this section. The division shall prepare a report of the usage and impact of detainer warrants which shall include but not be limited to the number of warrants requested and granted and, for each case, the title of the individual or individuals issuing warrants in each jurisdiction, the summary of technical violations of conditions of probation for which a warrant is sought, the efforts to find an available judge, the judicial action taken in response to the warrant, the probationer's crime of conviction, the probationer's race and ethnicity, and such additional information deemed necessary and relevant by the division. Such report shall be submitted to the governor, the temporary president of the senate and the speaker of the assembly no later than the first day of May following the effective date of this subdivision and annually thereafter. Each local director of probation shall maintain and report to the state director of probation and correctional alternatives records sufficient to allow the compilation of such reports. * NB Repealed March 31, 2010