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New York Parole, Probation, Work Release & Release All information & questions relating to parole, probation or release in New York should be posted here.

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  #1  
Old 01-24-2007, 04:42 PM
WMercado WMercado is offline
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Default Possible Parole Law in NY???

Hi guys,

I'm not sure if I'm posting this in the right area or not but I'll try it anyways. I posted this yesterday and am positive that I posted it in the wrong area already. Anyways, I've been a member of PTO for about 4 months now and I haven't really started threads & stuff, but I do want to take the time to say "hello" to everyone & tell everyone how helpful PTO has been for me, thank you guys. Also, I do have a question about parole in NY State. I want to educate myself and try to understand this better. I over heard that there may be a new law passed in NY about the possibility of parole vanishing within 10 years from now. Does anyone know if this is in the works or just a rumor? If this is true, then what happens to those that are due to see parole after 10 years from now? Example: If a person is serving a 25 years to life and they're not due to see the parole until 13 years from now and parole is not around at that point, what happens to them? Does this mean they have to serve their life sentence or do they drop the (life) parole sentence and release them once they complete their 25th year? Any info, suggestions will be greatly appreciated. Take care.
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  #2  
Old 01-24-2007, 05:38 PM
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Welcome WMercado, Hope some one comes along soon to help with this question
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Old 01-24-2007, 06:22 PM
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I'm no legal expert but here's my two cents-A sentence can't be changed like that but I would think the rumor has to do with the prevalence of determinate sentences. Meaning most people sentenced to indeterminate sentences will have been granted parole in ten years and those with determinate sentences aren't eligible for parole, only conditional release.
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Old 01-25-2007, 04:21 PM
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Thank you Ladycee for the warm welcome and thank you smile for the info and for also taking the time to respond. I'll keep searching for answers. God bless.
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Old 01-26-2007, 09:49 AM
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Default I agree (and Welcome)

I see them going more and more to determinate sentences (flat bids)-parole is then not part of the process. Although, those that get post release supervison after their bid (violent felonies) are under aprogram very much like parole-although it is not parole.
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Old 01-26-2007, 10:42 AM
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Welcome to PTO WMerc! This is a good question. I have not heard the rumor but my man has a determinate sentence. It's the pits... What I was wondering though, is a determinate sentence the same thing as a "mandatory minimum"? I've also been hearing a lot about that one...
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Old 01-26-2007, 10:47 AM
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My man has a determinate sentence. He also has post release supervision after the fact and his is non-violent.
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Old 01-26-2007, 02:25 PM
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Thank you guys for your response. To be honest with you, this whole determinate/indeterminate talk is very confusing and can be frightening not knowing and/or understanding. As far as a determinate goes, is that a known sentence for example, 20 yrs mandatory followed by release and indeterminate, is that for example 25 to life, which means there's no telling when he/she will be released??? Thanx for your support :~)
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Old 01-27-2007, 05:27 AM
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parole... my husband had twenty-five to life. after twenty five years he went to his parole hearing. he was hit 2 more years. that happened 6 times.

i'm sure a few make parole?

just hope spitzer shakes up the parole board some, so they do their dam over paid jobs.
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Old 01-29-2007, 12:52 AM
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Hopefully, I can shed some light on the basic definition of Determinate Sentence Laws (DSL), because that is what we have here in California. Determinate sentencing means that they are given a set time to serve, ie, 10 years or 10 years minus time served in county and/or good time credits. With determinate sentencing there is no window, ie 5 - 10 years. It's just a flat amount of time. Once they have served the determined amount of time, they are automatically released without having to go before a parole board for approval of release. Here in California they are automatically released to post-release supervision for up to 3 years. Once they have completed the 3 years post-release supervision, they are discharged from the system entirely. I know your question is regarding New York, but I just wanted to give you an example of how the standard determinate sentencing works.

Indeterminate sentencing is an open-ended sentence (life) or a sentence of a minimum and maximum (5 - 10). If a state adopts the DSL then indeterminate sentencing would apply to lifers only, because there is no "end" date. After a lifer who is eligible for parole has served the minimum, say.... 25 years or 25 years minus good-time credits and/or time served while awaiting trial, they will then go before a parole board in order to obtain approval for release.

I have no idea if New York will be adopting the DSL (Determinate Sentencing Law), but as I stated in another post, if New York adopts the determinate sentencing law, it will only apply to sentences after the law is enacted. All prior sentences would remain under the current sentencing laws.
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Old 01-30-2007, 03:57 PM
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Hi Nu,

If I had any doubts in my mind of what a determinate/Indeterminate sentence was, this definitely helped to get rid of them. Thank you for helping me understand completely.
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Old 03-12-2007, 05:16 PM
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Default NY Parole vs Post Release Supevision

My daughter got a 3 1/2 yr determinate sentence and 5 yrs Post Release Supervion (PRS) for a violent felony. I too had a hard time understanding exactly what that meant at first but do now. With a determinate sentence they serve 6/7 of the sentence and if there has NOT been any bad time, they then released on PRS. If they violate PRS they can be sent back to prison for up to the remainder of the PRS.

At the end of the 3 1/2 years in my daughters case, she begins the 5 yrs of addional PRS. Same deal, if she violates it, she can be sent back and serve up to the remainder of PRS.

Her lawyers say PRS is called "fake parole" by opther lawyers. He also said another way to look at it is this (for my daughter):
She got 3 - 8 1/2 years. If she doesn't screw up she's out in 3, "fake" parole for 5 1/2.
Hope this helps.
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Old 03-13-2007, 12:21 PM
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Default I understand there are several suits in NY

challenging the legality of PRS-
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Old 03-19-2007, 01:36 AM
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Hi MrLee,

Thanks for taking the time to write to me. Sorry I took so long to answer back. I haven't been on this in a little while. Thanks again for giving a little more light to my question about Parole. Take care
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