§ 274. Conditional release; procedures for violation, delinquency,
warrants and revocation. 1. If at any time during the period of
conditional release, the commission, or any member thereof, has
reasonable cause to believe that a person who has been conditionally
released has lapsed into criminal ways or company, or has violated one
or more conditions of conditional release, the commission or such member
may declare such person delinquent and issue a written declaration of
delinquency. Upon such declaration, such commission or such member may
issue a warrant for the retaking and temporary detention of such person.

2. A warrant issued pursuant to this section shall constitute
sufficient authority to the chief administrative officer of any local
correctional facility to whom it is delivered to hold in temporary
detention the person named therein.

3. A warrant issued pursuant to this section may be executed by any
probation officer or any officer authorized to serve criminal process or
any peace officer, who is acting pursuant to his or her special duties,
or any police officer. Any such officer to whom such warrant shall be
delivered is authorized and required to execute such warrant by taking
such person and having him or her detained as provided for in this
section.

4. The alleged violator shall, within five days of the execution of
the warrant, be given written notice of the time, place and purpose of
the hearing. The notice shall state what conditions of conditional
release are alleged to have been violated and in what manner and shall
inform the alleged violator of his or her right to counsel as provided
for in subdivision seven of this section.

5. The alleged conditional release violator shall appear before the
commission within twenty days of the execution of the warrant. At the
time of such appearance the commission shall ask the alleged violator
whether he or she wishes to make any statement with respect to the
violation. If the alleged violator makes a statement, the commission may
accept it and base a decision thereon. If the commission does not accept
it, or if the alleged violator does not make a statement, the commission
shall proceed with the hearing.

6. The commission may receive any relevant evidence. The alleged
violator may cross examine witnesses and may present evidence on his or
her own behalf.

7. The alleged violator is entitled to counsel at all stages of any
proceeding under this section and the commission shall advise him or her
of such right upon delivering to the alleged violator written notice,
required pursuant to subdivision four of this section.

8. At the conclusion of the hearing, the commission shall issue a
finding. If the commission is not satisfied that there is a
preponderance of evidence in support of the violation, the commission
shall dismiss the violation, cancel delinquency and restore the person
to supervision. If the commission is satisfied that there is a
preponderance of evidence that the alleged violator violated one or more
conditions of conditional release in an important respect, the
commission shall so find.

9. Upon a finding in support of the violation, the commission may
revoke the conditional release, or continue or modify the conditions of
such conditional release. Where the commission revokes a person's
conditional release, such person shall be committed to the custody of
the chief administrative officer of the local correctional facility to
serve the time remaining on his or her sentence, in accordance with
subdivision three of section 70.40 of the penal law. Where the
commission modifies the conditions of the conditional release, the
commission shall inform the person, in writing, of such modified
conditions.

10. Any actions by the commission pursuant to this article shall be
deemed a judicial function and shall not be reviewable if done in
accordance with law.

* 11. The commission, or any member thereof, shall not determine that
a person who has been conditionally released has lapsed into criminal
ways or company, or has violated one or more conditions of conditional
release because such person engages in bona fide work for an employer,
including travel time to or from bona fide work, during curfew times set
by conditions of conditional release. For purposes of this section, bona
fide work is work performed as an employee for an employer, as defined
in section two of the labor law.

* NB There are 2 sb 11's

* 11. The commission, or any member thereof, shall not determine that
a person who has been conditionally released has lapsed into criminal
ways or company, or has violated one or more conditions of conditional
release because such person participated in work related labor protests,
or in a lawful labor dispute, strike or other concerted stoppage of work
or slowdown pursuant to article twenty of the labor law or the national
labor relations act (29 U.S.C. sections 151 et. seq.).

* NB There are 2 sb 11's