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New York Legal Information Topics, Discussions and Information relating to Legal Information specific to the State of New York. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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  #1  
Old 03-31-2011, 01:37 PM
scorpio's mom scorpio's mom is offline
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Question Flat sentence question about RSO

Iwas reading all the questions and info on post realease supervision and had a few questions myself. My son is serving a 2 1/3 - 7 year sentence for a sex offense. when he was sentenced the judge gave him 5 years post relese supervision. Am i right to understand that this is illegal becuase of it being a d felony or is it different for sex offenses. it is odd that i have just been reading alot of info on this subject and my son just so happened to ask me to do some research on the same subject and ask all of you what you know. i tried getting answers from our lawyer, but he is no help. alot of my sons fellow inmates have been having discussions related to this issue and the so called good time. my son was just recently turned down for his first board and we are doing an appeal. If we don't win the appeal, he will wind up serving at least 4 and 1/3 years. Does parole when he comes home count toward the 5 years prs or are they seperate? He will wind up with 3 years parole if he stays 4 years. Does the amount of prs lessen with more of his sentence served? I am confused on the laws. Also, my son says talk in there says that the good time earned isn't always so. He said he was told that if you have a violation when you come home that not only do they take your good time away, but you wind up doing more time than the original sentence. Can anyone clarify anything to me? I am a nervous wreck still after 2 1/3 years because no one seems to want to help and i am fearful for my son's mental state. he has been very down lately especially since he would have been coming home in 2 weeks if he had made his board. We have been waiting to hear any news as to where his appeal stands and waiting is killing us. It is hard for any of them to get answers on the inside and i am trying to do whatever i can to obtain info for him and myself. Thank you so much for any help anyone can give. I pray for all the families of inmates and for the inmates themselves, that they are given a second chance to do something with their lives and stay safe, do good and learn something with their time. My prayers go out to all of you.
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  #2  
Old 03-31-2011, 07:00 PM
Irish Girl Irish Girl is offline
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I don't have all the answers but I do know that PRS is only for flat bids and you say your son got 2 1/3-7 which is not a flat bid. If he got 2 1/3-7, he should be on parole until 7 years regardless of how long he stays in prison, like if he stays in prison 6 years then he'll be on parole for one year. The whole thing will add up to 7. He could max out at 7 and have no parole.

While parole is basically the same experience as PRS, using the two words like they're the same thing is what confuses people. People with determinate sentences (flat bids) get PRS (post release supervision). People with indeterminate sentences (some number of years up to another number of years) do parole up to that second number.

Maybe your son has two sentences being served consecutively or concurrently, one flat and one indeterminate. Then his calculation is not going to be so simple and with what you wrote no one is going to be able to clarify the length of supervision for you. If there is a max out date on his inmate lookup screen, there's a good chance that's the right date when he'll be off supervision. And if you think it's wrong, your son can get clarification from his Inmate Records Clerk by writing her and asking for an explanation of how his sentence and supervision was calculated and if he finds it's totally wrong it can be challenged and corrected. But DOCS does calculate and interpret all court sentences so writing the IRC might not be a bad idea if he's uncertain.

Last edited by Irish Girl; 03-31-2011 at 07:09 PM..
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Old 03-31-2011, 07:46 PM
ricksbabe ricksbabe is offline
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it is not illegal to get prs with a d felony charge unless theres been a new law, ive never heard of it. as the poster above stated their is a difference between prs and parole. the difference is simply that it indicates whether their is a determinate or indeterminate sentence. i am guessing you are referring to parole so going by that assumption his max is 7 yrs so whenever he gets out he will have to be on parole for the remainder of the time left over to complete his 7 yrs

PRS

In 1998, the New York Legislature and Governor enacted "Jenna's Law." The statute was drafted to give "communities . . . protection from further victimization" from those who have served out a determinate term of imprisonment by adding on postrelease supervision. (Donnino, Practice Commentary, McKinney's Cons Laws of NY, Book 39, Penal Law § 70.45, at 317 [2009 ed].) Unlike parole, which is a discretionary release on an indeterminate sentence that may last for the length of time remaining on that sentence, postrelease supervision is added on to a determinate prison sentence [*3]and allows the Division of Parole to continually monitor those who have been released. (Id.)
PRS is mandatory for all violent felonies and may last, depending on the type of felony, for up to 20 years.
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Old 04-01-2011, 01:20 AM
Paralegal USA Paralegal USA is offline
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Quote:
Originally Posted by Irish Girl View Post
I don't have all the answers but I do know that PRS is only for flat bids and you say your son got 2 1/3-7 which is not a flat bid. If he got 2 1/3-7, he should be on parole until 7 years regardless of how long he stays in prison, like if he stays in prison 6 years then he'll be on parole for one year. The whole thing will add up to 7. He could max out at 7 and have no parole ... People with determinate sentences (flat bids) get PRS (post release supervision). People with indeterminate sentences (some number of years up to another number of years) do parole up to that second number.
Correct
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Old 04-01-2011, 02:35 PM
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Correct
i am still confused! so if he serves 4 years of his 7, he will have parole for 3 years, my questions was, will he still have to do the 5 years probation or post release supervision on top of the parole time???
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Old 04-02-2011, 06:17 AM
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it is post RELEASE supervision-so, he will have 5 years of PRS after his release to the best of my understanding.
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Old 04-02-2011, 08:24 AM
Paralegal USA Paralegal USA is offline
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He has a sentence of 2 years 4 months (2-1/3) to seven years. With a sex offense, highly unlikely is that he wil be awarded discretionary parole release, meaning he will be held imprisoned until his CR date, which is 2/3 of his maximum sentence, or 4 years 8 months. If he winds up serving the full 4 years 8 months (2/3 of his maximum sentence) he will be on parole for the remaining 1/3 (2 years 4 months).
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Old 04-04-2011, 02:18 PM
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But will he still have an additional 5 years probation on top of that? The judge said 2 1/3 -7 years, plus 5 years probation. He has already been denied his first parole, so he will most likely do his 4 years. We are filing an appeal, but i don't feel hopeful at this point. I know he will have 2 1/3 years parole, but will he have to do 5 years on top of that/
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Old 04-05-2011, 03:59 AM
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Originally Posted by scorpio's mom View Post
But will he still have an additional 5 years probation on top of that? The judge said 2 1/3 -7 years, plus 5 years probation. He has already been denied his first parole, so he will most likely do his 4 years. We are filing an appeal, but i don't feel hopeful at this point. I know he will have 2 1/3 years parole, but will he have to do 5 years on top of that/
It sounds as though he was sentenced on two charges; on one he got 2-1/3 to 7 years, the other 5 years probation. If the sentences were imposed to be served consecutively, then yes, he will serve 5 years probation following completion of his parole. If he violates his probation he can be re-sentenced to the maximum term of imprisonment the original charge carries.
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Old 04-05-2011, 05:39 AM
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could this 5 years be PRS?
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Old 04-05-2011, 08:11 AM
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Question

There was only one charge. isn't probation the same as post release supervision?? Iwish i had the court papers. But going on memory, my husband and i both seem to remember the judge saying 2 1/3 to 7 and 5 years probation.
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Old 04-05-2011, 09:58 AM
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no-PRS is basically like parole, not probation.
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Old 04-05-2011, 06:15 PM
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Penal law section 70.45(2)(a) does state that 5 years of PRS is legal for a first time d class sex offense (see copy & paste below):

2.a period of post-release supervision for a determinate sentence imposed
for a felony sex offense as defined in paragraph (a) of subdivision one
of section 70.80 of this article shall be as follows:
(a) not less than three years nor more than ten years whenever a
determinate sentence of imprisonment is imposed pursuant to subdivision
four of section 70.80 of this article upon a conviction of a class D or
class E felony sex offense;

But it also says he should have a determinate sentence as well as the posts above noted. You should find those court papers. It is possible that the judge ordered an illegal sentence or made a mistake. To figure out if that happened, you'll need to find those papers. If your son was a juvenile offender, that might explain the difference in sentence.

Last edited by Irish Girl; 04-05-2011 at 06:25 PM..
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  #14  
Old 04-06-2011, 08:18 AM
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Thank you to all who tried to help. i am going to get his court papers and where i go from there, i don't know. as i said in an earlier post, every time i call our lawyer, he acts like i'm bothering him. I guess i will see if there is a free legal service who will answer questions after i read his papers. again, thank you to all who helped. my prayers always go out to everyone incarcerated in hopes they will do something good with their lives and for them to stay safe and to the family who hurt at home for them and without them.
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