Section 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 article

  for 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