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How Parole Works for Brooklyn Violent Felony Offenders
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How Parole Works for Brooklyn Violent Felony Offenders
In New York State, violent felony offenses carry lengthy prison sentences and strict parole guidelines. Offenders convicted of violent felonies in Brooklyn face 5-25 years in prison if convicted at trial. However, most cases end in a plea bargain resulting in a 3-7 year prison sentence. After serving their minimum sentence, these offenders become eligible for parole release under supervision.
The Parole Board Decision-Making Process
The New York State Board of Parole makes decisions on whether to release violent felony offenders in Brooklyn to community supervision. The Board considers factors like:
- The seriousness of the original offense
- Prior criminal record
- Institutional accomplishments and academic achievements
- Disciplinary record while incarcerated
- Release plans for employment and housing
- Statements of remorse and insight into the crime
After reviewing these factors, the Board determines if release to parole supervision is appropriate or if the offender presents an unreasonable risk to public safety. This Reddit thread discusses other considerations in parole decisions for violent offenders.
Parole Hearings in New York
Initial parole hearings generally occur after an offender has served their minimum sentence, less any earned “good time” credits. However, violent felons are seldom released after this initial appearance and most serve lengthy sentences beyond their minimums. They must continue to appear periodically for parole reconsideration.
During parole interviews, offenders have the right to be represented by legal counsel. According to defense lawyers on Avvo, parole applicants should thoroughly prepare, accept responsibility for their crimes, and present clear, realistic release plans.
Parole Supervision Requirements
Offenders released by the Parole Board must comply with strict conditions of community supervision. Standard requirements for parolees include:
- Reporting regularly to an assigned parole officer
- Obtaining permission for changes in residence or employment
- Abiding by special conditions like GPS monitoring, domestic violence counseling, etc.
- Refraining from fraternization with other felons
- Abstaining completely from drug or alcohol use
- Cooperating with all instructions from the parole officer
| Parole Violation | Potential Penalties |
|---|---|
| Positive drug test | Inpatient drug treatment program |
| Failure to report to parole officer | Electronic monitoring ankle bracelet |
| Absconding from parole supervision | Return to prison for remainder of sentence |
Parole officers do conduct unannounced home visits and surveillance checks. According to NOLO, minor technical violations may result in sanctions, while repeat or serious violations lead to parole revocation and re-imprisonment. Violent felons are given little leeway given public safety concerns.
Earning an Early Discharge from Parole
Violent felony offenders can earn an early discharge from parole through sustained compliance with their conditions of release. By exhibiting positive adjustment for 1-3 years on parole, they can apply for termination of supervision prior to their maximum expiration dates.
However, early discharge is difficult and rare for violent felons compared to lower-level offenders. The Parole Board maintains jurisdiction over violent offenders for lengthy periods to ensure public safety is not compromised. According to FindLaw, over 95% of violent felons serve their entire parole terms as originally imposed at sentencing.
Revocation and Reincarceration
When parolees commit new crimes or repeatedly violate their parole conditions, revocation proceedings begin. The parolee is detained pending an administrative hearing to determine if release should be revoked.
Parolees have legal rights during revocation, including written notice of alleged violations, disclosure of evidence, and ability to contest the claims. However, the legal standards are lower compared to a new criminal trial. According to LawInfo, over 80% of revocation hearings result in reimprisonment.
Upon revocation, violent felons can be ordered to serve the remaining balance of their original maximum sentence. They lose any future opportunity for parole release. The Parole Board can impose an additional “hold” period before reconsidering violent offenders for re-release following revocation.
Conclusion
Parole provides a difficult path to conditional freedom for violent offenders after serving lengthy mandatory minimum prison terms in New York. Close supervision aims to protect public safety but also support rehabilitation and reintegration for parolees. However, reincarceration remains a real possibility for those unable to meet strict behavioral expectations under community supervision.
Resources
Learn more about New York parole rules for violent offenders:
- New York State Division of Parole – Wikipedia
- New York Parole Board Hearings – YouTube Video
- Decisions of Parole Boards and Risk Assessment Tools – Podcast
Additional legal articles: