New York State Division of Parole
Encyclopedia
The New York State Division of Parole is the division of the government of New York
responsible for parole
.
In criminal justice systems, parole is the supervised release of a prisoner before the completion of his/her sentence. This differs from amnesty
or commutation of sentence
in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Conditions of parole often include things such as obeying the law, reporting all encounters with police officers, refraining from drug and alcohol use, avoiding contact with the parolee's victims, obtaining employment, and maintaining required contacts with a parole officer.
and confirmed by the Senate
for a six-year term. One member is designated by the Governor to serve as Chairman and Chief Executive Officer
of the Division.
The Board determines which inmates serving indeterminate sentences in state prison may be released on Parole. The Executive Law (Section 259-i (2) (a)) requires the Board to personally interview inmates eligible for release. Inmates do not have the right to counsel at release interviews. The typical panel consists of two or three board members who are responsible for:
The Board sets conditions of release for inmates released on parole. In addition, it sets release conditions for inmates "conditionally released" to supervision by statute. These inmates earned time off their maximum sentence for good behavior. Sentencing reforms enacted in 1995 and 1998 change sentences for violent felony offenders. Violent offenders now receive determinant prison sentences and are released to parole supervision without appearing before the Board for release consideration. However, the Board still imposes conditions of release for these offenders.
Under Executive Law (Section 259-i (3) (f) (x)), the Board has the authority to revoke parole when it determines a releasee has violated the conditions of release "in an important respect." Board action may return the individual to State prison or impose other appropriate sanctions. In some cases, Board action has been delegated to Administrative Hearing Officers. Under the authority of the Board, the Division adjudicates due process violations.
All decisions of Board panels and Administrative Hearing Officers may be appealed. These appeals are made directly to the Parole Board. Also, the Board, at the Governor's request, interviews clemency applicants and makes recommendations to the Governor. The Board delegates its statutory authority to investigate requests to the Division's Executive Clemency Unit.
In 1876, New York State passed a system of "indeterminate" sentences setting a minimum and maximum term and permitting parole release of those who had served the minimum; those selected by prison officials for parole were required to report monthly to citizen volunteers known as "Guardians."
On July 1, 1930, the Division of Parole was established in the Executive Department. A full-time Board of Parole was created within the Division and given the responsibility, formerly held by the Department of Corrections, for decisions on parole releases from prisons. Jurisdiction over releases from training schools and correctional institutions for mentally disabled prisoners was added to the Parole Board's authority in 1945.
A 1967 law extended the Board's release authority to persons incarcerated in local reformatories, transferred the functions of the New York City Parole Commission to the New York State Division of Parole and gave the agency control over the conditional release of inmates under definite sentences.
In 1971, the Division of Parole was consolidated with the Department of Corrections to form the Department of Correctional Services (DOCS). In the wake of the Attica Prison riot and demands from the courts and other quarters that the procedural rights of parolees be protected, Parole in 1977 was again established as an autonomous agency within the Executive Department. The same reform act mandated adoption of formal release guidelines to eliminate any perception of arbitrariness.
A 1978 law made the Division of Parole responsible for the release decision for juveniles convicted of certain serious felonies and for their post-release community supervision. With the surge in incarcerations in the 1980s and 1990s, the Division of Parole expanded significantly, as did the array of substance abuse treatment and other services available to help releasees maintain a law-abiding life style.
The Sentencing Reform Act of 1998, commonly referred to as Jenna's Law, added a new dimension to the Division through the elimination of discretionary release for all violent felony offenders while mandating court-imposed periods of post-release supervision of 1.5 to 5 years that the offender must serve after completing the period of incarceration imposed by the court.
In April 2011, the Division of Parole was once again merged with the NYS Department of Correctional Services as per a directive from Governor Andrew Cuomo:
Enacted by the State Legislature and signed into law by Governor Andrew M. Cuomo, the Department of Correctional Services (DOCS) and the Division of Parole (DOP) have been merged to form the Department of Corrections and Community Supervision (DOCCS).
As envisioned by Governor Cuomo, this merger will streamline departmental functions, eliminate duplication of effort, achieve better outcomes for more offenders and enhance public safety, while simultaneously reducing expenditures and saving taxpayer dollars.
A primary goal of the new agency will be to create a more seamless, more comprehensive operation through a continuum of care from the moment an offender enters the correctional system until he or she successfully completes the required period of community supervision.
Government of New York
As in all 50 states, the head of the executive branch of the government of New York is a Governor. The legislative branch is called the Legislature and consists of a Senate and an Assembly. Unlike most states, New York electoral law permits electoral fusion; thus New York ballots tend to show a...
responsible for parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
.
In criminal justice systems, parole is the supervised release of a prisoner before the completion of his/her sentence. This differs from amnesty
Amnesty
Amnesty is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent people, without changing the laws defining the offense. It includes more than pardon, in as much as it obliterates all legal remembrance of the...
or commutation of sentence
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Conditions of parole often include things such as obeying the law, reporting all encounters with police officers, refraining from drug and alcohol use, avoiding contact with the parolee's victims, obtaining employment, and maintaining required contacts with a parole officer.
Parole Officers
Public safety and community protection are best ensured when offenders who are returning to the community are aided, assisted and supervised by a professional parole officer. Parole officers work to develop a supervision plan for each releasee. They also assess and evaluate the adequacy of each releasee's community adjustment and intervene when the releasee's behavior threatens that adjustment. The parole officer, in consultation with his or her supervisor, determines when and under what circumstances delinquency action is warranted. The parole officer works to ensure that individuals released from prison by order of the Board of Parole and by statute live and remain at liberty in the community without violating the law.Board of Parole
The Board of Parole consists of up to 19 members. Each member is appointed by the GovernorGovernor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
and confirmed by the Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
for a six-year term. One member is designated by the Governor to serve as Chairman and Chief Executive Officer
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
of the Division.
The Board determines which inmates serving indeterminate sentences in state prison may be released on Parole. The Executive Law (Section 259-i (2) (a)) requires the Board to personally interview inmates eligible for release. Inmates do not have the right to counsel at release interviews. The typical panel consists of two or three board members who are responsible for:
- Interviewing the inmate;
- Reviewing summary reports prepared by facility parole officers; and
- Determining whether the inmate will be released to parole supervision.
The Board sets conditions of release for inmates released on parole. In addition, it sets release conditions for inmates "conditionally released" to supervision by statute. These inmates earned time off their maximum sentence for good behavior. Sentencing reforms enacted in 1995 and 1998 change sentences for violent felony offenders. Violent offenders now receive determinant prison sentences and are released to parole supervision without appearing before the Board for release consideration. However, the Board still imposes conditions of release for these offenders.
Under Executive Law (Section 259-i (3) (f) (x)), the Board has the authority to revoke parole when it determines a releasee has violated the conditions of release "in an important respect." Board action may return the individual to State prison or impose other appropriate sanctions. In some cases, Board action has been delegated to Administrative Hearing Officers. Under the authority of the Board, the Division adjudicates due process violations.
All decisions of Board panels and Administrative Hearing Officers may be appealed. These appeals are made directly to the Parole Board. Also, the Board, at the Governor's request, interviews clemency applicants and makes recommendations to the Governor. The Board delegates its statutory authority to investigate requests to the Division's Executive Clemency Unit.
History of Parole in New York State
In 1817, the nation's first "good time" law, rewarding prison inmates with time off their period of imprisonment for good behavior, was approved in New York State.In 1876, New York State passed a system of "indeterminate" sentences setting a minimum and maximum term and permitting parole release of those who had served the minimum; those selected by prison officials for parole were required to report monthly to citizen volunteers known as "Guardians."
On July 1, 1930, the Division of Parole was established in the Executive Department. A full-time Board of Parole was created within the Division and given the responsibility, formerly held by the Department of Corrections, for decisions on parole releases from prisons. Jurisdiction over releases from training schools and correctional institutions for mentally disabled prisoners was added to the Parole Board's authority in 1945.
A 1967 law extended the Board's release authority to persons incarcerated in local reformatories, transferred the functions of the New York City Parole Commission to the New York State Division of Parole and gave the agency control over the conditional release of inmates under definite sentences.
In 1971, the Division of Parole was consolidated with the Department of Corrections to form the Department of Correctional Services (DOCS). In the wake of the Attica Prison riot and demands from the courts and other quarters that the procedural rights of parolees be protected, Parole in 1977 was again established as an autonomous agency within the Executive Department. The same reform act mandated adoption of formal release guidelines to eliminate any perception of arbitrariness.
A 1978 law made the Division of Parole responsible for the release decision for juveniles convicted of certain serious felonies and for their post-release community supervision. With the surge in incarcerations in the 1980s and 1990s, the Division of Parole expanded significantly, as did the array of substance abuse treatment and other services available to help releasees maintain a law-abiding life style.
The Sentencing Reform Act of 1998, commonly referred to as Jenna's Law, added a new dimension to the Division through the elimination of discretionary release for all violent felony offenders while mandating court-imposed periods of post-release supervision of 1.5 to 5 years that the offender must serve after completing the period of incarceration imposed by the court.
See also
- List of law enforcement agencies in New York
- Parole
- New York State Department of Correctional ServicesNew York State Department of Correctional ServicesThe New York State Department of Corrections and Community Supervision or NYSDOCCS is the agency of New York State responsible for the care, confinement, and rehabilitation of approximately 63,000 inmates at 71 correctional facilities funded by the State of New York. The department employs...
- New York State Division of Probation and Correctional Alternatives
- New York City Department of Corrections
- New York City Department of ProbationNew York City Department of ProbationThe New York City Department of Probation is a department of the government of New York City responsible for providing supervision for adults and juveniles placed on probation by judges in the Supreme, Criminal, and Family courts...
- ParoleWatchParoleWatchParoleWatch was a website that provided public access to data on convicted felons in New York State who were coming up for parole review. The project's aim was to let citizens "communicate their views on would-be parolees to the New York State Parole Board."...
In April 2011, the Division of Parole was once again merged with the NYS Department of Correctional Services as per a directive from Governor Andrew Cuomo:
Enacted by the State Legislature and signed into law by Governor Andrew M. Cuomo, the Department of Correctional Services (DOCS) and the Division of Parole (DOP) have been merged to form the Department of Corrections and Community Supervision (DOCCS).
As envisioned by Governor Cuomo, this merger will streamline departmental functions, eliminate duplication of effort, achieve better outcomes for more offenders and enhance public safety, while simultaneously reducing expenditures and saving taxpayer dollars.
A primary goal of the new agency will be to create a more seamless, more comprehensive operation through a continuum of care from the moment an offender enters the correctional system until he or she successfully completes the required period of community supervision.