Staten Island, NY asked in Criminal Law for New York

Q: My casey paroleMy case is from 1985 I’m on federal parole I need help I’m terminating my parole

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1 Lawyer Answer
Peter Wade Kolp
Peter Wade Kolp
Answered
  • Criminal Law Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: Temporary Release Program

https://doccs.ny.gov/community-supervision-handbook/serving-sentence

Temporary Release is a program under which eligible and approved participants are granted the privilege of leaving correctional facilities to participate in:

work release

day reporting

furloughs

furloughs involving alcohol and substance abuse treatment

educational release

industrial training leave

community service leave

and leave of absence

Information regarding the Temporary Release Program may be obtained from the Offender Rehabilitation Coordinator (ORC) or the Supervising Offender Rehabilitation Coordinator (SORC) at the facility of confinement. The ORC and the SORC are in the best position to provide information regarding eligibility, the application process, and the requirements of the program.

The Temporary Release Committee (TRC) comprised of DOCCS personnel is responsible for determining which incarcerated individuals will be recommended for participation in the program. If approved, the participant will be supervised by a Parole Officer in the community setting.

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Types of Release

Types of Release

The following are ways individuals may be released from prison:

A. Discretionary release by the Board of Parole (Initial or Reappearance Interviews)

B. Merit Time Release

C. Completion of the Shock Incarceration Program

D. Presumptive Release

E. Limited Credit Time Allowance

F. Early Conditional Parole for Deportation Only/Conditional Parole for Deportation Only

G. Medical Parole

H. Conditional Release (CR)

I. Maximum Expiration (reaching the maximum expiration date of sentence)

A. Discretionary Release

Discretionary Release or "Parole" is a type of release granted by the Board of Parole as a matter of discretion after an incarcerated individual has served the statutory minimum of their indeterminate or mixed sentence. Their first appearance before the Board, where the earliest release date is the court-imposed minimum (parole eligibility date), is called an Initial Appearance. Any subsequent appearance is referred to as a Reappearance as it is past the parole eligibility date (PED).

B. Merit Time

Individuals serving sentences for certain non-violent crimes may receive merit time allowances against their sentences provided they have achieved defined programmatic objectives, have not committed any serious disciplinary infractions, and have not filed any frivolous lawsuits. Merit time allowances enable individuals indeterminately sentenced to appear before the Board of Parole for possible early release on parole on their merit eligibility dates and certain determinately sentenced individuals may also receive merit time allowances against their sentences allowing for early release to community supervision.

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