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New York Parole, Probation, Work Release & Release All information & questions relating to parole, probation or release in New York should be posted here.

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  #1  
Old 01-12-2021, 10:12 PM
domrep14 domrep14 is offline
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Default Shock Alternative Program

Hello
My husband pled guilty to Consp in the 2nd, B Felony; orig plea deal 1 - 3 yrs. At sentencing, judge ordered Shock Incarceration. Due to age, my husband is being offered Shock Alternative Program. Both are 6 month programs. After being in county jail 4 wks vs 2 wks due to Covid and then being in a processing prison for intake for another 37 days, he finally got to the prison for his Alternative Program on 12/28. They proceed to tell him his ASAT program doesnt start until March b/c his program was already in progress. That said, he'll already be in custody 5 months at that point, almost the length of the 6 month Shock Alternative Prog, then bringing his total time in custody to 11 months. His minimum would of been 10 months in other circumstances. How is this justified? He spoke to a couple of counselors and told them he doesnt want to be in system longer than he needs to. One counselor said she would try to get him credit for time in custody toward program and that was 2 wks ago. She never got back to him.

Suddenly, after almost 2 wks in, they approach him with proposal for work release program. Saying he's a good candidate and they want to register him...but she said it would last until 2022. That, if I calculated correctly, is now taking him to his Conditional Release date. His initial release date if he wasnt doing Shock would be Oct 2021. We feel work release would just delay his parole and also keep him in prison system longer by doing week ends until date they said.

He is meeting with some people tomorrow regarding work release and hopefully with resolution about program. I am mad at myself for forgetting about this site and not writing sooner for insight. No decision will be made about work release tomorrow and I dont think anyone can make him do it, I'd just would like to know why they would offer it and why it would last into the 2nd year of a prison term if he was made to be in that long.

Main point of letter, what can he approach them with to get him out ASAP? He already told them he wants to stick as close as possible to 6 month release date, in fairness to him, regarding program delays. They seem to understand...I hope. At end of this month, makes 3 months in custody. He's prepared to ask if he has to do ASAT program. Is there any program starting soon he can do? Can they give him Willard Alternate Program (He didnt get Willard due to what he pled to). Is there anything in the community at this point they can release him to?

** There has to be some option for him so that he doesnt get stuck in the system. Also does Albany control decision made about program he should take or when he can start a program (like can he start mid program) or any option for release with strict supervision just to stick to 6 months he was ordered in the 1st place? I dont want to see my husband get screwed and stuck in system.....forget getting a hold of legal aide who was on our case. I cant comment on him right now. I've spoken to another lawyer who said I could hire an attorney to file a motion with the judge regarding program delay. .....please any suggestions based on experience will help. Who can I get to advocate for him? We are going no where fast.

He is also 54 years old taking pills for high blood pressure and cholesterol and although they have his file, that has not got brought up regarding his stay and inmates around him were sent out due to Covid

Again, any information to help please. Thank you
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Old 01-12-2021, 10:30 PM
onedayatatime13 onedayatatime13 is online now
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I believe judges can recommend shock, but Albany decides who is actually enrolled.

Asat is a standard drug and alcohol program. Are you taking about court ordered CASAT? This program is 6 months and does not necessarily lead to work release. There are different pathways.

Willard is a program for parolees.

Work release is done via a point system. You also need to apply, be approved by the facility and then by Albany. My husband's approval took over a year.

Currently all programs are on hold as are transfers due to COVID. If he is eligible for merit, he can do voc, asat or GED program. They all accomplish the same goal when programs resume.

Unfortunately with a 1 to 3, his first parole will come around and probably denied due to no programming completed.

It is a total mess right now.

My husband went to shock and was medically denied. Approved for work release and due to covid his transfer was canceled 2x. He should have been home in Nov. He was just approved of merit and we wait for that date or COVID release.

None of these programs are guaranteed. They all require an application and approval.
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Old 01-12-2021, 11:13 PM
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Hello and Welcome to PTO. I moved your post to this forum where you could possibly get more answers to your questions. Good Luck!
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Old 01-13-2021, 04:43 AM
Ms Sunny Ms Sunny is offline
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If they are talking about work release, if he has the points, and he would be out (with reporting and work stipulations) until his CR date, it sounds like there may be no shock alternative option available to him at this point.
If he I had 1-3 years, he will have to appear before a parole board, and they too are aware of the current state of the world. This is extraordinary times and since he has already passed the time he “would” have been out, what is the next best option for liberty?

Work release is a viable option. At this point, would not the Shock Alt put him out later than work release would?

Just some things for you to think about.
Tell him to go to his Law Library and ask the inmates employed there with assistance, they have paralegal assistance certificates and know exactly what he’s talking about, and can give him more assistance than any outside lawyer can. They get the mechanism.

Good luck to you both. Tough times indeed.
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Old 01-13-2021, 10:28 PM
domrep14 domrep14 is offline
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Default about your respsone

Hi,
so he didnt get ordered CASAT by judge. He was ordered Shock. Due to his age he was given Shock Alt which is what we expected from a bunch of people in the system we spoke to. According to woman running program on his dorm, she told my husband today, there is no Alternative program where he is, it's just classes & he is just a regular inmate. Never the less, he is supposed to be in a 6 month program. They signed him up for ASAT which starts in March b/c by the time he got there, program already started. Our arguement is by time March comes, he'll be in custody 5 months, add 6 month program & he'll be in prison 11 months (more than 10 month minimum) with original plan of 6 month Shock. No one ever told him if he didnt get Shock he'll be stuck doing a yr in prison. He is trying to see what they can work out for him to still get out by summer. His original parole mtg got changed from April to June and from Merit to Initial Appearance.

** on a separate note, he was approached by a counselor who said he would be a good candidate for work release. He met with her & 2 others today. He didnt have to apply & they know he is not in a program yet. They told him he'd get an answer in 4-6 wks. In the meanwhile he is still pushing to get into a program.


Asat is a standard drug and alcohol program. Are you taking about court ordered CASAT? This program is 6 months and does not necessarily lead to work release. There are different pathways.

Willard is a program for parolees.

Work release is done via a point system. You also need to apply, be approved by the facility and then by Albany. My husband's approval took over a year.

Currently all programs are on hold as are transfers due to COVID. If he is eligible for merit, he can do voc, asat or GED program. They all accomplish the same goal when programs resume.

Unfortunately with a 1 to 3, his first parole will come around and probably denied due to no programming completed.

It is a total mess right now.

My husband went to shock and was medically denied. Approved for work release and due to covid his transfer was canceled 2x. He should have been home in Nov. He was just approved of merit and we wait for that date or COVID release.

None of these programs are guaranteed. They all require an application and approval.[/quote]
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Old 01-13-2021, 10:44 PM
domrep14 domrep14 is offline
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Default further explanation and a question

My husband has no points yet. How do you earn them??? He is there over 2 wks and was approached by a counselor who said he would be a good candidate for Work Release. They are recommending it for him. He met with some people today about it. They told him he'd know in 4-6 wks an answer.

He is still trying to see what they can do about no program availability right now, moving him along as quick as possible to no fault of his own & trying to get out by summer. As I said, not getting into Shock but put into another program, if he waits until March for program, he's in custody 5 months + 6 month program, doing 11 months and not just 6. Had he got into a program by now he'd be out by July, so he is not passed the time he "would of been out" yet
They changed his orig paraole mtg from April to June and kind of meeting from Merit to Initial mtg.....

Just trying to see what is fair for him



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Quote:
Originally Posted by Ms Sunny View Post
If they are talking about work release, if he has the points, and he would be out (with reporting and work stipulations) until his CR date, it sounds like there may be no shock alternative option available to him at this point.
If he I had 1-3 years, he will have to appear before a parole board, and they too are aware of the current state of the world. This is extraordinary times and since he has already passed the time he “would” have been out, what is the next best option for liberty?

Work release is a viable option. At this point, would not the Shock Alt put him out later than work release would?

Just some things for you to think about.
Tell him to go to his Law Library and ask the inmates employed there with assistance, they have paralegal assistance certificates and know exactly what he’s talking about, and can give him more assistance than any outside lawyer can. They get the mechanism.

Good luck to you both. Tough times indeed.
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Old 01-14-2021, 07:21 AM
onedayatatime13 onedayatatime13 is online now
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Quote:
Originally Posted by domrep14 View Post
My husband has no points yet. How do you earn them??? He is there over 2 wks and was approached by a counselor who said he would be a good candidate for Work Release. They are recommending it for him. He met with some people today about it. They told him he'd know in 4-6 wks an answer.

He is still trying to see what they can do about no program availability right now, moving him along as quick as possible to no fault of his own & trying to get out by summer. As I said, not getting into Shock but put into another program, if he waits until March for program, he's in custody 5 months + 6 month program, doing 11 months and not just 6. Had he got into a program by now he'd be out by July, so he is not passed the time he "would of been out" yet
They changed his orig paraole mtg from April to June and kind of meeting from Merit to Initial mtg.....

Just trying to see what is fair for him



.
At my husband's facility those on programs were given written packets yesterday. I am assuming this is a work around some programs.

There is a book online call jailhouse lawyer that explains the point system. Type in a google search for nys work release. Each chapter is a pdf and it give a break down of points.

My husband applied for work release in June of 2019 and
Got in it Sept of 2020. He is still at his facility. Was packed up to leave and all transport stopped due to covid.

Unfortunately, there are no guarantees right now when it comes to programming.

I have never heard of court ordered shock, but court recommended shock and that Albany gets the final say in the manner.
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Old 01-14-2021, 07:59 AM
onedayatatime13 onedayatatime13 is online now
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I stand corrected there is court order shock according to directive 0086.

If they modified transfer due to the virus, I would keep an open mind to other programs they are offering him and see how it goes.

I would get letters together for his first parole hearing as well. Include the information above as well as where he would live, job, etc. Have him find out who those get mailed too.

For my brother's parole hearing, I needed the notarized and I made 3 copies. 1 went to parole, 1 went to counselor and 1 went to him. If he has medical issues, I would get something from his dr as well to through in there.
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