How does the parole process work in New York?
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- 1 How the Parole Process Works in New York
How the Parole Process Works in New York
If you have a loved one in a New York state prison, you’re probably desperate for them to get parole. I know the waiting is agony. You just want your family to be whole again.
But how does parole in New York actually work? The process can seem mysterious and arbitrary. However, there are rules and procedures the Board of Parole must follow.
In this article, I’ll break down the key steps of the parole process in NY. My goal is to demystify things and give you hope based on understanding the system better. Let’s dive in!
What Is Parole in New York?
First quick primer on parole: it’s the discretionary early release of someone from a New York state prison before their maximum sentence is completed.
The New York State Board of Parole has the sole authority to grant parole to eligible individuals incarcerated in DOCCS facilities.
Parole allows rehabilitation and reintegration under strict supervision instead of continued, costly incarceration. But release is never guaranteed.
Who Is Eligible for Parole in New York?
Parole eligibility in NY depends on the type of sentence the person received:
- Determinate sentences – eligible after serving 6/7ths of minimum term
- Indeterminate life sentences – eligible after 15 or 25 years served
- Violent felony offenders – eligible after serving 85% of minimum
Sex offenders may face additional restrictions. Juveniles are now eligible much sooner under Raise the Age reforms.
Even if eligible, parole is never guaranteed. The Board uses discretion to decide based on many factors.
When Does the Parole Process Start?
Preparing for parole begins as soon as someone enters DOCCS custody. While serving their sentence, individuals are encouraged to:
- Participate in rehabilitative programs
- Remain discipline-free
- Develop a strong release plan
This creates evidence of rehabilitation that the Board looks for. Parole planning truly starts years in advance.
How Often Can You Apply for Parole?
If denied parole, the Board will impose a “hold” of 12, 24, or 36 months until the next interview. You can’t apply again before the hold expires.
In rare cases, a 60 month hold can be imposed for very serious offenses like murder. This severely limits opportunities for release.
The Initial Parole Packet
Leading up to the interview, an incarcerated individual works with their Offender Rehabilitation Coordinator (ORC) to compile a packet of documents including:
- Pre-Sentence Investigation (PSI)
- Sentencing minutes
- Disciplinary history
- Program accomplishments
- Proposed residence and employment plans
- Letters of support/opposition
This packet paints a complete picture of their incarceration and readiness for release. It’s the Board’s main source of information.
What Are Good Letters of Support or Opposition?
Letters from family, friends, employers, clergy, and community leaders describing positive changes and low risk factors can help demonstrate rehabilitation.
However, boilerplate or impersonal letters may not carry much weight. Quality over quantity!
The Parole Interview
The parole interview itself is an incarcerated individual’s big chance to present their case face-to-face to the Board. It’s incredibly important to prepare.
A panel of 2-3 Parole Commissioners will ask questions about:
- The original offense
- Disciplinary history
- Program participation
- Release plans
- Remorse and insight
It’s critical to take responsibility, highlight rehabilitation, and discuss concrete reentry plans. This is no time for excuses – be accountable.
Interviews typically last 15-30 minutes. Individuals describe it as a very stressful, intimidating experience.
Can the DA and Victims Oppose Parole?
Yes, the district attorney is allowed to recommend denial of parole, which holds significant weight. Victims and family members can also submit statements against release.
However, the Board is not supposed to merely “rubber stamp” these objections. There must be evidence the individual still poses a risk.
The Parole Decision
After the interview, the Commissioners deliberate and make a decision to either grant or deny parole. The Board must consider factors like:
- The severity of the offense
- Prior criminal record
- Disciplinary record
- Rehabilitative efforts
- Release plans
- Remorse and personal growth
- Statements by the DA, victims, and community
If a majority of the panel votes to deny, a detailed written explanation must be provided. Any departures from the COMPAS risk assessment must also be justified.
How Long Does the Parole Decision Take?
The Board has up to two weeks after the interview to issue a decision. Those agonizing weeks waiting for an answer can feel like an eternity.
The decision and hearing transcript will be mailed to the individual along with any appeal options.
What Happens if Parole is Denied?
As devastating as a denial is, hope is not lost. Many people are denied multiple times before eventually being granted parole.
The key is to figure out the Board’s concerns based on the denial explanation and improve in those areas before the next interview.
For example, if relapse prevention programming is lacking, focus on completing treatment programs. Or if the release plan was weak, work to strengthen employment and housing options.
Each denial brings you one interview closer to identifying and addressing the Board’s key issues.
Can a Parole Denial Be Appealed?
Yes, parole denials can be appealed within 30 days to the DOCCS Appeals Unit based on alleged procedural errors or irrationality.
However, reversals are very rare. Less than 1% of denials are overturned on appeal in NY. The odds are stacked against winning an appeal.
What Happens if Parole is Granted?
If granted release, intense preparation begins for the transition back to the community under parole supervision. This involves:
- Finalizing residence and employment plans
- Completing release paperwork
- Receiving medical clearances
- Obtaining proper ID documents
- Confirming supervision reporting instructions
- Reviewing parole conditions
Leaving prison after many years is an enormous adjustment. Parolees need strong support systems in place for successful reentry.
What Are the Conditions of Parole?
All parolees must comply with standard conditions like remaining arrest-free, having a job, not using drugs, and following curfews. Additional special conditions may also be imposed.
Any violations of parole can lead to re-incarceration. The parole period usually lasts 1-3 years for felonies.
Key Takeaways
The parole process in New York has many complex steps, but just remember these key points:
- Start preparing for parole from day one of the prison sentence
- Compile a thorough, personalized parole packet
- Use the interview to sincerely take responsibility and discuss growth
- If denied, identify the Board’s concerns and improve in those areas
- With perseverance, many are eventually granted parole after multiple denials
I hope this overview demystifies the parole process and provides hope for your incarcerated loved one’s chance at release. Stay strong and keep the faith!