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Old 10-21-2017, 11:26 AM
ConCraft ConCraft is offline

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Default NY Parole Violators - important

Yesterday a colleague advised me via email of a "win" he had secured on behalf of a NY parole violator through an administrative appeal. The sum and substance of the arguments he raised were:

* In 2011 the former DOCS and Division of Parole were eliminated by the legislature and merged to become the DOCCS

* Correction Law 112(2), effective March 31, 2011 specifically states that the Commissioner of DOCCS “shall have the power and it shall be his or her duty [to] make such rules and regulations … for the governance of the officers and other employees of the department assigned to … community supervision”

* The footnote at the end of Section I of Directive 0001, effective 02/27/2017 admits that, as of that date, the former Division of Parole's Policy and Procedures Manual had not yet been modified for use by the community supervision arm of DOCCS

* Community supervision personnel have continued to use the former Division of Parole's Policy and Procedures Manual as authority by which to file and proceed with violations of parole and PRS

* At no time since the 2011 merger has DOCCS ever formally adopted the former Division of Parole's Policy and Procedures Manual for use by community supervision personnel (see NYCRR Titles 7 & 9)

* Since the former Division of Parole was legislatively eliminated, its Policy and Procedures Manual was effectively nullified and voided in toto

* Consequently, in the absence of DOCCS formally adopting that Policy and Procedures Manual for use by community supervision personnel as required by the State Administrative Procedure Act (SAPA), all parole and PRS violations resulting in reincarceration in accordance with or pursuant to that now-voided Policy and Procedures Manual are undeniably illegal as a matter of law.

The parole violator for whom the administrative appeal had been filed was taken into custody in August of this year and was ordered held until the maximum expiration of his sentence (he still owed over four years on parole). Apparently the appeals unit of the Board of Parole realized that the above arguments were very compelling from a legal standpoint and that if a court was to ever rule on them, the decision would likely open the floodgates to countless parole revocation reversals. It therefore appears the appeals unit is attempting to prevent a published court decision that would cause for such; hence the quick administrative agency decision to reverse his violation and quickly restore him to parole supervision.

It presently appears that returned parole violators have a means of expediting their re-release by raising the above basic arguments, whether on administrative appeal or via a following Article 78 or habeas proceeding.

When the doors are open,travel through them. Now appears to be the time.
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Old 10-21-2017, 03:46 PM
maur27 maur27 is offline
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I wish this thread came 21 months ago... my fiance has 3 months left on a PRS violation. He lost his appeal. Too late for an Article 78.

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Old 10-21-2017, 04:29 PM
Combs Combs is offline
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WOW! This is absolutely stunning. Talk about that old arrogant, unprofessional, asleep-at-the-switch, “we’re God so we can do whatever we want” attitude! NY DOCCS has truly outdone itself this time.

I got out in January 2012, very shortly after the reunification of Parole and DOC and I’ve followed the status of a lot of my former fellow prisoners online for most of the time since then. The number of guys who’ve gone back inside the fence for PV’s is overpowering.

One time when I was sitting in the overcrowded Parole office waiting room for my regularly scheduled office visit, one PO came out into the room to call somebody in and he got in the face of one of the waiting guys because the guy was quietly chatting with somebody else (which is technically a PV because of the standard Parole Condition prohibiting fraternization with “known criminals”--like everybody in the entire Parole office waiting room). That guy made the mistake of giving the PO some lip, the PO picked it up and ran with it and the guy ended up getting hauled off to county jail right on the spot. This was the most ridiculous example of a PV I ever heard of, but it’s also a good example of how DOCCS does things and their organizational attitude and culture. The day I was released from Parole supervision was a happier day for me than the day I got released from prison because I knew I was finally beyond the reach of arbitrary, dictatorial and frequently irrational PO’s with runaway God complexes.

I wish I had some way of getting the information about DOCCS PV’s presently being invalid to every single person presently on Parole in NY. I hope one of those scavenger class action lawsuit law firms jumps on this and sues DOCCS on behalf of half a dozen years worth of illegally reincarcerated parolees. NY DOCCS has earned and deserves a world of grief like that and I’d also love to see Emperor For Life Cuomo Junior take the massive PR black eye it’d give him.
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Old 01-31-2019, 12:31 PM
Eviemay68joseph Eviemay68joseph is offline
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My husband's parole revocation hearing is on tuesday Feb 5th 2019....would this be relevent ?
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