What rights do parolees and probationers have in New York?

Rights of Parolees and Probationers in New York

If you’re on parole or probation in New York, you probably feel like you have no rights left. The system is always watching your every move and just waiting for you to slip up. Believe me, I get it.

But don’t lose hope! The truth is parolees and probationers do still have certain rights under the law. You didn’t completely forfeit your freedoms when you were convicted of a crime.

In this article, I’ll break down the key rights you retain while under community supervision in New York. My goal is to empower you with knowledge, because information is power!

What’s the Difference Between Parole and Probation?

First quick primer: parole and probation are both forms of community supervision after a criminal conviction, but there are some differences:

• Parole is early release from state prison into the community
• Probation is a sentence served fully in the community instead of incarceration
• Parole is run by the state; probation is run by local counties

Many rights are the same under both systems. But parolees have fewer protections because their liberty was already taken away. Let’s dive into the details…

4th Amendment Rights Against Unreasonable Searches

One of your key constitutional rights is protection against unreasonable government searches under the Fourth Amendment. But there are limits when you’re on parole or probation.

Basically, as a condition of supervision the government can search you and your property without a warrant if they have “reasonable suspicion” you violated your conditions. This is a lower standard than the “probable cause” needed for regular citizens.

So you don’t have full Fourth Amendment rights, but the searches still can’t be completely arbitrary. There must be some objective basis for suspicion.

Can My Home Be Searched?

Yes, typically home visits and searches are a standard part of parole/probation. But your supervisor needs reasonable suspicion to do an invasive search looking for contraband.

They can’t just toss your home randomly on a whim. There are limits on how extensive the search can be too.

Can I Be Searched in Public?

The courts have given more leeway for warrantless searches in public places like your car or your person. But again, they still can’t be completely baseless fishing expeditions.

Can I Refuse a Search?

Technically you can refuse a search that seems improper, but that could be grounds for a violation. It’s a tricky situation to navigate. Discuss it with your attorney.

5th Amendment Right Against Self-Incrimination

The Fifth Amendment says you don’t have to be a witness against yourself. This includes the Miranda rights to remain silent and have an attorney present during questioning.

However, as a parolee or probationer, you may be required to truthfully answer questions from your supervisor about your activities, employment, etc. So your Fifth Amendment rights are limited.

Do I Have to Take Polygraphs or Drug Tests?

Yes, submitting to polygraph tests or random drug screenings is typically required as a condition of supervision. Refusal could lead to a violation.

But polygraph results aren’t admissible in court, so you can’t be prosecuted based only on failing one. And drug tests can’t be used to bring new criminal charges either.

Can I Invoke My Right to Silence?

Things get tricky if you’re questioned by police about a new criminal allegation. You’re better off invoking your right to remain silent and asking for a lawyer.

Don’t talk to the cops without an attorney! Admissions could lead to new charges or parole/probation violations.

First Amendment Rights

The First Amendment protects your freedoms of speech, religion, assembly, press, and petitioning the government. These rights don’t vanish when you’re under community supervision.

However, they can be limited if reasonably necessary to achieve the goals of parole/probation. For example, restrictions on associating with known gang members.

Can I Protest or Attend Rallies?

In general, yes you can participate in peaceful protests and other First Amendment activities. Your right to free expression is still protected.

But your supervisor may restrict attending specific events if they reasonably think it could lead to criminal activity. Get permission first whenever possible.

Can I Travel Freely?

Probationers have more freedom to travel within the state, while parolees may need specific approval to leave their county or district. Interstate travel usually requires advanced permission.

There may also be places you’re barred from going, like a victim’s home. Follow your supervisor’s instructions.

Right to Due Process Before Revocation

Before your parole or probation can be revoked, you have a right to a hearing under Morrissey v. Brewer and Gagnon v. Scarpelli.

This gives you an opportunity to argue why your supervision shouldn’t be taken away for a violation. You can present evidence, testify, and question witnesses.

While the hearing process is more flexible than a criminal trial, you still have a due process right to contest the allegations against you.

Will I Have a Lawyer?

You don’t have an automatic right to a public defender like in a criminal case. But the judge may appoint counsel if you can’t afford a lawyer or the issues are complex.

Violation hearings can be very technical, so having legal representation is extremely helpful.

What If I Lose the Hearing?

If your parole/probation is revoked, you’ll be returned to incarceration – either prison (for parole violations) or jail (for probation violations).

The time incarcerated depends on the severity of the violation and your supervision history. You may be able to appeal the revocation decision.

Right to Medical Care in Prison

If you are re-incarcerated for a violation, you retain a constitutional right to adequate medical care for serious needs under the Eighth Amendment.

Prison officials can’t be deliberately indifferent to your health. You can file grievances or lawsuits if necessary to get proper treatment.

What If I’m Injured in Jail/Prison?

You may have a claim under state law or the Eighth Amendment if you suffer an injury due to unsafe conditions, excessive force by guards, or failure to protect you from violence.

Contact a civil rights attorney to explore your options. Monetary damages may be available in some cases.

Bottom Line

Being on parole or probation restricts many rights, but you still have important constitutional protections. Never be afraid to assert your rights respectfully but firmly.

If you believe your rights are being violated, reach out to an attorney experienced in parole/probation matters. Don’t let the system trample your freedoms!