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Understanding the Parole Board Process in New York City

March 21, 2024 Uncategorized

 

Understanding the Parole Board Process in New York City

Trying to understand how the parole board makes decisions can be really confusing and frustrating. As someone who went through the process myself after being locked up for a few years, I definitely know how it feels when your future is in the hands of a few strangers who barely take the time to look at your case. But after doing a lot of research and talking to lawyers, I’ve learned a few things that might help make the process a little easier to navigate.

The Basics of the Parole Board

The New York State Board of Parole is in charge of deciding whether to release people from state prisons who are eligible for parole. The board holds hearings and reviews information about the prisoner’s history, behavior in prison, reentry plans, and more. There are 19 commissioners who serve as board members. Three of them will interview you for about 20 minutes during your hearing and decide if you’ll be released.

You’ll become eligible for parole after serving the minimum amount of time under your sentence. For example, if you got sentenced to 6-12 years, you’d see the board after 6 years. Certain violent crimes have longer minimums you have to serve before parole eligibility. The board can choose to release you once you’re eligible, or deny parole and make you wait for another hearing in the future.

Preparing for the Hearing

To get ready for your hearing, you’ll want to put together what’s called a “parole packet.” This is basically a package of documents that describe your accomplishments, personal growth, and release plans. Here are some key things that should be in your packet:

  • A personal statement explaining how you’ve changed and why you deserve parole.
  • Letters of support from family, friends, staff, volunteers, etc.
  • Proof of your prison programming and achievements like vocational certificates, education transcripts, therapy completion letters, etc.
  • Evidence of your community support system like approved residence, job/employment prospects, educational acceptance letters, etc.

The parole packet gives the board concrete evidence that you’ll be able to reintegrate back into society successfully. Sending it in advance also allows the commissioners to learn about you instead of just judging you on the 20 minute hearing.

What to Expect at the Hearing

Parole hearings in New York usually happen via video conference. You’ll join the call from a room in the prison, along with any supporters like family members or attorneys. The three commissioners will be on the video call from their offices.

The questions they ask during the hearing tend to focus on:

  • The current offense you’re incarcerated for
  • Your criminal history
  • Your institutional record and accomplishments
  • Release plans like employment, housing, and support systems
  • How you’ve changed and why you don’t pose a risk

It’s very important to take accountability and show remorse for your crime. But the board also wants to hear about the progress you’ve made through programs, education, mentoring, etc. They’re trying to get a sense of who you are now compared to when you committed your crime.

Something that surprised me is how little compassion there was during the hearing. The commissioners spoke to me like a case file, not a human. Be prepared for an environment that feels cold and judgmental.

After the Hearing

The parole board should issue a decision within 2 weeks after your hearing. There’s three main outcomes:

  1. Release: This means you’ll be released soon after your hearing once a release plan is approved.
  2. Denial: The most common outcome unfortunately. This means you have to wait anywhere from 1-5 years depending on the denial period to get another hearing.
  3. Deferral: They delay the decision for about 3 months to get more information.

If you end up getting denied parole, try not to get too discouraged. Use the time before your next hearing to take more programs, get letters of support, and improve your release plan. Many people have to go through multiple denials before eventually getting paroled. Persistence and growth are key.

The parole board process often feels arbitrary and unfair. But going into your hearing prepared with realistic expectations can help ease some anxiety. And remember that this is just one step in your journey. There’s so much more that defines you beyond just your crime and incarceration. Never lose sight of that.

Legal Considerations

There are some legal factors that can impact parole decisions in New York. Two recent developments have led to some changes:

New Regulations Under HALT Solitary Confinement Act

In 2021, New York passed the HALT Solitary Confinement Act which restricted the use of segregated confinement in state prisons. Under the new regulations, the parole board can no longer base their denial solely on someone’s disciplinary record while in solitary confinement.

This is an important change, because many parole applicants ended up in solitary through arbitrary or retaliatory discipline. Now the board has to consider mitigating circumstances and evidence of rehabilitation since disciplinary incidents.

Conclusion

Navigating the parole process in New York can be daunting, but being prepared is half the battle. Focus on putting together a strong parole packet, taking accountability at the hearing, and highlighting the ways you’ve changed. Accept that multiple denials are common, but use the time to better yourself and improve your chances for next time. And remember that laws are evolving in ways that will hopefully lead to more fair and meaningful review. You got this!

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