When a convicted offender is released on parole on Long Island, they are expected to follow the terms of their parole. Parole is a form of conditional release that was created in the 18th century to help reduce the prison population. Although it is not the most ideal form of imprisonment, it does allow a person to finish his or her prison term in a free society.
Before being released on parole, a convicted offender is required to meet with a parole officer. The parole officer is responsible for monitoring the offender's behavior. If the parolee is guilty of violating the conditions of their parole, he or she could be sent back to prison.
As part of parole supervision, a parole officer will monitor the offender's employment. He or she will verify the employment by calling the employer, and reviewing the earnings statements. It is important for a parolee to find and maintain employment as soon as possible after release.
A parolee's residence is also monitored. The parolee may not live in an institution for children under 18. They are not allowed to be near school grounds, and they must notify the PO if they plan to travel outside New York State.
In addition to following the standard conditions of supervision, a parolee may be placed under special conditions. These conditions vary depending on the nature of the offense. Typical examples include abstaining from alcohol and illicit drugs.
Some states require parolees to have an Ignition Interlock Device installed on their car. This device prevents a driver from operating a vehicle if they are under the influence of alcohol or drugs. Additionally, a parolee may be referred to a residential treatment facility for substance abuse treatment.
Another requirement of parole conditions is to refrain from contacting known ex-criminal associates. This is especially true for inmates with a sexual offense conviction. Many states prohibit a convicted offender from being associated with a specific individual, and they also may not be in the same location as the victim.
When a parolee is first released from prison, the condition may be positive. The parolee will be supervised by a parole officer, who will make regular visits to the parolee's home. This can occur at night or on weekends. While the purpose of this visit is to assess the home's safety, it is also an opportunity for the parolee to get acquainted with family and friends.
The parole officer will also note signs that the offender is likely to commit a new crime or relapse into criminal activity. For example, he or she will look for any signs of unexplained changes in financial status, or for any indications that the offender is not taking the steps necessary to stay abstinent from illegal drug use.
Among the other factors the parole officer will evaluate are the parolee's ability to attend Narcotics Anonymous meetings, and the parolee's attendance at addiction treatment. The officer will also look for any other indicators of a substance abuse problem.
A number of state and city lawmakers are considering changes to New York's parole policies. These reforms are intended to cut the number of people incarcerated for violations. This will lower the cost to taxpayers and allow for more successful reentry. Among the most significant changes would be to eliminate incarceration for most technical parole violations.
Currently, technical parole violations are not automatically incarcerated, but can lead to revocations. Under the new legislation, the hearings are held in community settings. While this change may reduce the number of individuals being returned to prison, it does not address the underlying problems.
Technical violations are only likely to lead to reincarceration when the violation puts someone in danger. For example, parolees can be prohibited from consuming alcohol, which has been shown to increase crime rates. Similarly, people on parole must adhere to travel restrictions and regularly check in with their parole officers.
The impact of parole violation on sentencing in New York is considerable. During the past two years, more than one-third of discretionary and mandatory parolees were rearrested. And the chances of an individual being re-arrested are greater for Black and Hispanic people than for white people.
Research suggests that a high number of technical parole violation cases leads to reincarceration. The Less Is More Act attempts to address this by limiting revocations and increasing incentives to remain in compliance.
Historically, the Less Is More Act was promoted as a way to create a fairer criminal justice system. Proponents claimed that the legislation would create a safer environment for victims and reduce the costs of incarceration. However, the study found that, in reality, it created more of a burden on the victim and made it harder to detain serious offenders.
Supporters of the Less Is More Act argued that the old system was over-punitive and bureaucratic. In contrast, the new system provides a safety valve for the most common technical parole violations and allows those who abide by the rules to earn time off their probation. Those who violate the law, however, will be sent back to jail.
Although the new legislation has not yet been implemented, it has received support from several district attorneys in the city and state. The Criminal Courts Committee and the Mass Incarceration Task Force issued reports supporting the bill. Also, the NY State Bar Association published a study critical of the current state of the parole system in New York.
Overall, there are still issues with the state's parole system. Many advocates believe it needs a complete overhaul.
There are a number of consequences associated with parole and probation violations. A failure to follow the terms of your parole or probation can result in time in jail, fines, and more. It is important to know how to avoid these situations. Having an experienced criminal defense attorney by your side will help you defend yourself.
New York State's parole guidelines place strict limits on the amount of time that parolees can be in jail for violations. For instance, a person can be imprisoned for one year for a parole violation. This type of prison sentence may include the remaining term of the original probation period. In addition, a judge may order a person to serve an additional term of incarceration. The guidelines also state that a person cannot be jailed for failing to pay restitution, or if they fail to complete an educational program.
Technical and non-technical parole violations are the most common reason for people being sent back to prison in New York. According to data, 274 individuals are being held for technical parole violations in New York. Compared to the 273 people that are being imprisoned for criminal convictions, these numbers are staggering.
Technical parole violations are when someone commits a new crime while on parole. These violations can lead to immediate jail time, or if the person is arrested and charged, they may face a longer term of incarceration. When a person is released on parole, they will stay under the supervision of a parole officer. Parolees can earn time off for good behavior, but they must also keep up with rules and conditions. They can be referred to reentry services provided by nonprofit community groups.
Non-technical parole violations, on the other hand, involve committing a new misdemeanor while on parole. These violations can be appealed to a city court or the state Supreme Court. Both parties have the right to represent themselves at these hearings.
If a person is suspected of a parole violation, a warrant must be issued. The parole officer is authorized to issue a warrant when a reasonable cause exists. Once a person is arrested and charged, a Notice of Violation will be issued to the person within three days. The notice will contain a list of alleged violations.
After a notice is issued, the violator has a maximum of 105 days to appear in court. However, if the judge determines that there is a "substantial risk" that the person will not appear, the court may detain the individual for a longer period of time.
If a person is accused of a parole violation, they are required to appear at a preliminary hearing. At this hearing, they will be presented with evidence. During the hearing, a judge or Administrative Law Judge (ALJ) will hear testimony from both sides. The judge will make a decision regarding the person's parole status. Depending on the results, the person may be imprisoned immediately, or returned to the state prison for the remainder of their parole term.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060