How long do parole and probation last in New York?

How Long Do Parole and Probation Last in New York?

If you’ve been convicted of a crime in New York, the judge might give you a probation or parole sentence instead of jail time. This allows you to serve your sentence out in the community instead of behind bars. But how long do these types of sentences actually last? Good question! Probation and parole terms can vary quite a bit in NY. I’ll break it all down for you here.

Probation Lengths in New York

If the judge gives you a probation sentence, they’ll decide how long the probation term should be. According to New York law, probation can last [2]:

• Up to 5 years for a felony
• Up to 3 years for a misdemeanor
• Up to 2 years for a violation

The judge sets a term within those limits based on factors like your criminal history and the type of offense. More serious crimes generally get longer probation. First-time offenders may get probation closer to the minimum.

When Probation Starts and Ends

Your probation term starts running on the day you’re sentenced. The clock doesn’t stop until you reach the end of your term without any violations. Here are some key dates for how probation starts and ends in New York:

• Sentencing – Term begins when judge imposes probation sentence.
• Early termination – Probation may end sooner if you petition the court.
• Expiration – Term ends automatically on date set by judge.
• Revocation – Term ends if probation gets revoked and jail time is imposed.

So unless the judge ends it early or revokes it, probation runs continuously from sentencing until the expiration date set by the court.

Parole Lengths in New York

Parole works a bit differently than probation in New York. The parole board sets the length of parole at the time the person is released from prison on parole supervision. According to NY law, the parole term is [2]:

• 1-3 years for felonies
• 1-2 years for misdemeanors
• 6 months to 1 year for violations

As with probation, parole terms are individualized based on factors like criminal history. The parole board has wide discretion in setting the term length.

When Parole Starts and Ends

Here are the key dates for parole terms in New York:

• Release date – Parole term starts when person is released from prison.
• Early discharge – Parole board may end parole sooner than original term.
• Expiration – Term ends automatically on date set by parole board.
• Revocation – Term ends if parole is revoked and person returns to prison.

So unless discharged early or revoked, parole runs continuously from the release date until the expiration decided by the parole board.

How Do Probation and Parole Overlap?

Probation and parole terms can sometimes overlap when a judge sentences someone already on parole. What happens then? Basically, the person has to serve both sentences concurrently [1]. Some examples:

• If sentenced to 1 year probation while on 2 years parole, you’d serve the sentences together for a total of 2 years supervised release.
• If sentenced to 3 years probation while on 1 year parole, you’d serve 3 years total until both sentences end.
• Any jail time for a violation would apply to both probation and parole.

So in cases of overlap, you serve the longer sentence until both probation and parole terms have expired.

How Can Probation or Parole End Early?

There are a couple ways probation or parole can end earlier than the original term set by the court or parole board:

• Early termination – You can petition the court/parole board to end probation/parole early for good behavior.
• Early discharge – The court/parole board may review and discharge you before your term is up.

Requirements vary, but good conduct, compliance with all conditions, and paying fines/fees are key. You must prove you are rehabilitated and no longer need supervision.

What Happens if Probation or Parole is Revoked?

If you violate conditions of probation or parole, the court or parole board can revoke your community supervision. This ends the original term. Here’s what happens next if revoked [2]:

• For probation, you may be resentenced to jail for up to the maximum term allowed for the original offense.
• For parole, you will be sent back to prison to serve the remainder of your original sentence.

Any new offenses can also lead to additional charges and sentences. Moral of the story – follow all probation and parole rules so your term ends smoothly!

Key Takeaways on Probation and Parole Terms

Here are some of the big takeaways on how long probation and parole last in New York:

• Probation can run 1-5 years depending on the offense.
• Parole terms are 1-3 years for felonies, 1-2 years for misdemeanors.
• Terms start at sentencing/release and run continuously until expiration.
• Overlapping probation/parole sentences run concurrently.
• Early termination or discharge is possible for great behavior.
• Revocation means potential jail/prison to serve original sentence.

Understanding how long your probation or parole will last is key to serving your sentence properly. Follow the rules, check in with your officer, and you’ll be back to full freedom in no time!

References

1. Legal Issues in Drug Testing Probation and Parole Clients and Employees
2. New York State Office of Probation and Correctional Alternatives FAQs
3. Civil Liabilities and Other Legal Issues for Probation/Parole Officers and Supervisors, 4th Edition
4. Probation and Parole Officers Speak Out—Caseload and Workload Allocation
5. Is There a Difference Between Parole and Probation?
6. USPC Rules and Procedures Manual