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How can parole be revoked and how does the process work in New York?
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How Can Parole be Revoked in New York?
Getting out on parole can be an amazing second chance after prison. But parole comes with a long list of rules you have to follow. Breaking those rules means your parole could get revoked and you end up back behind bars. Parole revocation happens a lot in New York. So it’s important to understand the process and how to fight back if you end up violating parole.
What is Parole Revocation?
First, what exactly is “parole” anyway? Parole is when you get released from prison before fully completing your sentence. You agree to follow strict conditions like drug tests, curfews, travel restrictions, counseling, etc. As long as you follow the rules, you can serve the rest of your sentence out in the community.
But if you break the conditions, your parole can be revoked. This means your release is rescinded and you go back to prison. Parole revocation is usually for technical violations, not new crimes. Like missing curfew, failing a drug test, not attending counseling, getting arrested, etc. New felony charges will get your parole revoked automatically.
Revocation Hearings
Here’s how the process works in New York. Your parole officer can issue a Violation of Release Report if you break any conditions. You’ll be detained and get a revocation hearing within 15 days. This is like a mini-trial to decide if your parole should be revoked.[1]
At the hearing, the state has to prove you violated parole terms. You can argue there was no violation, or give reasons why parole shouldn’t be revoked. For example, you relapsed but immediately enrolled in rehab. The hearing officer will decide whether to reinstate parole, modify conditions, or revoke parole and send you back to prison.
Jail Time Credits
If parole gets revoked, you’ll have to serve the rest of your remaining sentence in prison. But in New York, you may get credit for any time spent in jail awaiting your revocation hearing. So that time won’t get added to your sentence. Make sure to ask your lawyer about this – you want to get all the credits you’re entitled to.
Violation Charges
Now let’s talk about the different kinds of parole violations. There’s two main categories – technical violations and new criminal charges.
Technical violations are breaking the rules of release like:
- Missed appointments with your parole officer
- Failed drug/alcohol tests
- Violated curfew
- Didn’t attend required programs
- Didn’t follow travel restrictions
- Got arrested but not convicted
For technicals, your parole can’t be revoked for more than 90 days in city jails or 60 days in state prison. Unless you’re designated a “Category 1” violator, which allows up to 180 days.[2]
New criminal charges are the most serious parole violations. If you’re convicted of a new felony while on parole, your release will be automatically revoked. You’ll go back to prison to serve the rest of your original sentence, plus any new sentence for the new conviction.
Fighting Revocation
The parole system is unfair and overly punitive. Minor slip-ups often get punished too harshly with re-incarceration. That’s why it’s important to fight back against revocation and advocate for yourself.
Work closely with your lawyer to prepare a strong defense for the hearing. Gather evidence and witnesses to dispute any violations. File paperwork on time. Make compelling arguments for reinstating parole or giving you another chance.
You can also argue for “mitigating factors” – reasons the violations weren’t entirely your fault. Like not understanding the parole conditions, or lacking transportation to appointments. Stress how well you were doing otherwise and any progress made since release.
If parole does get revoked, appeal the decision! File an “Article 78” proceeding to challenge the hearing process and outcome. Show how revocation violates rules and due process rights.
Parole Reform
Advocates have pushed for major reforms to New York’s unfair parole system. Some important changes include:[3]
- Limits on jail time for technical violations
- Faster final revocation hearings
- Expanded access to counsel at hearings
- More “presumptive release” and fewer parole denials
- Reforms to make the process more fair and transparent
More work is needed, but these are steps in the right direction. The bottom line is that incarcerating people for minor parole issues is inhumane and ineffective. We need community-based support and rehabilitation, not more imprisonment.
Protect Your Rights
The stakes are high if you end up charged with violating parole. Do everything to avoid violations in the first place. But if it happens, work closely with an experienced parole revocation lawyer. Fight to stay in the community and avoid going back to prison.
Parole is supposed to be about reintegration and rehabilitation. With strong advocacy and reforms, hopefully one day the system will actually reflect those values.
References
[1] Revocation – NYS Dept of Corrections
[5] Practicing Parole: Revocation