Occ. Code 8634300

PRELIMINARY HEARING OFFICER (PAROLE REVOCATION), GRADE 24

New York State Department of Civil Service

Classification Standard

BRIEF DESCRIPTION OF CLASS

Preliminary Hearing Officers (Parole Revocation) conduct preliminary parole revocation hearings under the general supervision of a Supervising Hearing Officer (Parole Revocation). Incumbents determine whether there is probable cause to believe that an individual has violated the conditions of parole in an important respect and determine whether the parolee should be held for a final hearing.

These positions are classified only in the Department of Corrections and Community Supervision (DOCCS).   

DISTINGUISHING CHARACTERISTICS

PRELIMINARY HEARING OFFICER (PAROLE REVOCATION): full performance level; independently conducts preliminary revocation hearings.

RELATED CLASSES

Hearing Officers (Parole Revocation) conduct parole revocation hearings under the general supervision of a Supervising Hearing Officer (Parole Revocation) and determine whether an individual has violated the conditions of parole and determine whether parole should be revoked and, if so, for what length of time.

            Parole Revocation Specialists act as advocates for DOCCS in the parole revocation process. 

ILLUSTRATIVE DUTIES

Conducts preliminary parole violation hearings.

· Assures both sides the opportunity to present all facts and material relevant to the issue of revocation.

· Determines whether there is enough probable cause to believe that the alleged violator has violated one or more of the conditions of parole or release.

· Safeguards the due process rights of the alleged violator.

· Rules on motions for adjournments, production of records, compulsory attendance of necessary witnesses and admissibility of evidence.

· May be called upon to make rulings on issues of voluntary confessions and other issues common to criminal proceedings, thereby adjudicating facts and circumstances underlying parallel criminal charges prior to court disposition.

· Administers oaths, accepts affirmations, rules on admissibility of evidence, and resolves issues of fact, law, and procedure.

Determines whether to dismiss or sustain charges of violation of parole after evaluating the evidence presented at the hearing.

· Directs vacatur of the warrant if no probable cause is found as to any of the charges.

· Determines that the parolee be retained for a final hearing if the determination is to sustain the charges.

Prepares reviewable record documenting basis for recommendations and determinations.

MINIMUM QUALIFICATIONS

Non-Competitive: one year of experience acting as an advocate in parole revocation hearings OR one year of experience in reviewing or issuing parole warrants.

Date:  9/18

NOTE:  Classification Standards illustrate the nature, extent and scope of duties and responsibilities of the classes they describe.  Standards cannot and do not include all of the work that might be appropriately performed by a class.  The minimum qualifications above are those required for appointment at the time the Classification Standard was written.  Please contact the Division of Staffing Services for current information on minimum qualification requirements for appointment or examination.