34-A §5402. Duties and powers of the commissioner with respect to probation and parole services

Title 34-A: CORRECTIONS

Chapter 5: PROBATION AND PAROLE

Subchapter 3: DIVISION OF PROBATION AND PAROLE

§5402. Duties and powers of the commissioner with respect to probation and parole services

1. Appointment.

[ 1995, c. 502, Pt. F, §34 (RP) .]

2. Duties. The commissioner shall:

A. Adopt and enforce rules for field probation and parole officers, juvenile community corrections officers, parole officers in correctional facilities and Intensive Supervision Program officers; [2005, c. 488, §19 (AMD).]

B. Appoint, subject to the Civil Service Law, regional correctional administrators, field probation and parole officers, juvenile community corrections officers, Intensive Supervision Program officers and such other employees as may be required to carry out adequate supervision of all probationers, parolees from the correctional facilities, persons on intensive supervision and other persons placed under the supervision of an employee listed in this paragraph; [2005, c. 488, §20 (AMD).]

C. Prescribe the powers and duties of persons appointed under paragraph B; [1983, c. 459, §6 (NEW).]

D. Provide necessary investigation of any criminal case or matter, including presentence investigation and intensive supervision eligibility investigations, when requested by the court having jurisdiction; [1985, c. 821, §28 (AMD).]

E. Provide investigation when requested by the board; [1983, c. 459, §6 (NEW).]

F. Cooperate closely with the board, the criminal and juvenile courts, the chief administrative officers of correctional facilities and other correctional facility personnel; [1983, c. 459, §6 (NEW).]

G. Make recommendations to the board in cases of violations of the conditions of parole; [1983, c. 459, §6 (NEW).]

H. Issue warrants for the arrest of parole violators and juveniles who violate conditions of placement on community reintegration status pursuant to sections 3810 and 4112; [2005, c. 328, §25 (AMD).]

I. Notify the chief administrative officers of correctional facilities of determinations made by the board; [1983, c. 459, §6 (NEW).]

J. Divide the State into administrative districts and staff the districts; [1983, c. 459, §6 (NEW).]

K. Provide instruction and training courses for probation and parole officers, for Intensive Supervision Program officers and for juvenile community corrections officers; [2005, c. 488, §21 (AMD).]

L. Be executive officer and secretary of the board; and [1989, c. 417, §2 (AMD).]

M. Aggregate the statistics contained in any reports the department receives on individual probationers and make the aggregated statistics available to other state agencies provided the data is aggregated in such a way that statistics pertaining to any individual probationer can not be disaggregated. [1995, c. 502, Pt. F, §34 (AMD).]

[ 2005, c. 488, §§19-21 (AMD) .]

3. Powers. The commissioner may:

A. Provide necessary specialized services and procedures for the constructive rehabilitation of juveniles; [1983, c. 459, §6 (NEW).]

B. Obtain psychiatric, psychological and other necessary services; [2005, c. 265, §20 (AMD).]

C. Sign documents, including warrants and extradition papers, for the board when so instructed by the board; and [2005, c. 265, §20 (AMD).]

D. [1995, c. 502, Pt. F, §34 (RP).]

E. [1995, c. 502, Pt. F, §34 (RP).]

F. Provide for necessary assessment and supervision procedures and direct the use of adult probation resources and staff to the management of adult probationers with a high risk of reoffending. [2005, c. 265, §21 (NEW).]

[ 2005, c. 265, §§20, 21 (AMD) .]

SECTION HISTORY

1983, c. 459, §6 (NEW). 1985, c. 785, §§B160,161 (AMD). 1985, c. 821, §28 (AMD). 1987, c. 402, §A176 (AMD). 1989, c. 127, §§12,13 (AMD). 1989, c. 417, §§1-3 (AMD). 1995, c. 502, §F34 (AMD). 2005, c. 265, §§20,21 (AMD). 2005, c. 328, §25 (AMD). 2005, c. 488, §§19-21 (AMD).