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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 01-22-2020, 09:15 AM
ambermarshall11 ambermarshall11 is offline
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Hello I hope someone can help me .y boyfriend is on a 3 Rd parole violation he is currently I jail waiting for his hearing on the 28 th I have a question he is going to ask the judge if he can get rehab instead of going to jail do you think he will grant that I told him I don't think he will do that beings he just got kicked out of a rehab before he went in do they do that I never heard of that for a parole violation
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Old 01-22-2020, 05:12 PM
Ms Sunny Ms Sunny is offline
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Nope. No rehab on a parole violation. He was probably mandated to a rehab program as a condition of his parole. Dirty urine violated him for a third time.
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Old 01-22-2020, 06:16 PM
ambermarshall11 ambermarshall11 is offline
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Yea he was by his parole officer got kicked out of rehab then she violated him cause he had a curfew and dirty urine that was 3 strikes thank you you made my day �������� lol hes gonna ask the judge I didn't say anything to him about that judge isn't gonna do it
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Old 01-22-2020, 06:26 PM
fbopnomore fbopnomore is offline
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Here's a link to a NY Law firm's (Pappalardo & Pappalardo LLC) blog where they explain Parole revocations. From what you wrote about his parole violation history, he may be labeled a Persistent Violator – Category 2 or 3 cases with two prior sustained violations, which carries more severe punishments.
http://pappalardolaw.com/2019/06/par...tion-ny-state/

What Are the Penalties for Revocation?

Penalties can include time assessments, diversion programs, or “revoke and restore” to supervision. The penalty is based on a number of considerations and the category the parolee falls into. The category is based on criminal history, crime of conviction, prior violations, and the nature of the current violation.

For Category 1 violators, the time assessment can be no less than 15 months. A reduced assessment of 12 months may be imposed with mitigating circumstances. Some Category 1 violators can also be put into a diversion program at Willard Drug Treatment Center. This is a ninety day residential drug and alcohol treatment program operated by DOCCS.

Category 2 violators will be revoked and restored to the diversion program at Willard Drug Treatment Center. However, some parolees may be exempted from the program. This can include where the parolee has less than nine months left on their sentence.

For Category 3 violators, the penalty is based on the time spent in custody prior to the hearing. If the violation was for a new violent felony offense, the penalty is time in custody plus six months. For a non-violent felony offense, the penalty is time in custody plus three months.

There are also Persistent Violators – Category 2 or 3 cases with two prior sustained violations. Upon a third of subsequent violation, the violator may receive up to 12 months. But if a violator does not fall into any of these categories, the penalty is decided by the ALJ or the Board of Parole.

References:
9 NYCRR Part 8004
9 NYCRR Part 8005
NYS Department of Corrections and Community Supervision, Community Supervision Handbook – Questions and Answers Concerning Release and Community Supervision (July 2017). Available at: http://www.doccs.ocation?ny.gov/pdf/...n_Handbook.pdf (last accessed June 18, 2019).
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Old 01-22-2020, 06:29 PM
onedayatatime13 onedayatatime13 is offline
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Quote:
Originally Posted by fbopnomore View Post
Here's a link to a NY Law firm's (Pappalardo & Pappalardo LLC) blog where they explain Parole revocations. From what you wrote about his parole violation history, he may be labeled a Persistent Violator – Category 2 or 3 cases with two prior sustained violations, which carries more severe punishments.
http://pappalardolaw.com/2019/06/par...tion-ny-state/

What Are the Penalties for Revocation?

Penalties can include time assessments, diversion programs, or “revoke and restore” to supervision. The penalty is based on a number of considerations and the category the parolee falls into. The category is based on criminal history, crime of conviction, prior violations, and the nature of the current violation.

For Category 1 violators, the time assessment can be no less than 15 months. A reduced assessment of 12 months may be imposed with mitigating circumstances. Some Category 1 violators can also be put into a diversion program at Willard Drug Treatment Center. This is a ninety day residential drug and alcohol treatment program operated by DOCCS.

Category 2 violators will be revoked and restored to the diversion program at Willard Drug Treatment Center. However, some parolees may be exempted from the program. This can include where the parolee has less than nine months left on their sentence.

For Category 3 violators, the penalty is based on the time spent in custody prior to the hearing. If the violation was for a new violent felony offense, the penalty is time in custody plus six months. For a non-violent felony offense, the penalty is time in custody plus three months.

There are also Persistent Violators – Category 2 or 3 cases with two prior sustained violations. Upon a third of subsequent violation, the violator may receive up to 12 months. But if a violator does not fall into any of these categories, the penalty is decided by the ALJ or the Board of Parole.

References:
9 NYCRR Part 8004
9 NYCRR Part 8005
NYS Department of Corrections and Community Supervision, Community Supervision Handbook – Questions and Answers Concerning Release and Community Supervision (July 2017). Available at: http://www.doccs.ocation?ny.gov/pdf/...n_Handbook.pdf (last accessed June 18, 2019).
He would fall under persistent, so plan for 12 months in your mind. I wouldn't say anything to him. Let him dream differently. Reality will catch up eventually
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Old 01-22-2020, 06:40 PM
Ms Sunny Ms Sunny is offline
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Yes. Programs were mandated while on parole, and inside he can hope for Willard, but on violation #3 it’s discretionary.
Like Once said, let him tell you his stories. He’ll know soon, and at least he can’t blame you.
If you argue, it’s gonna be your fault. You know how this story goes, you’ve lived it before and it doesn’t ever change.
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Old 01-22-2020, 07:30 PM
ambermarshall11 ambermarshall11 is offline
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Yup that is what I was saying but he has a different dream karma definitely got him this time and it bit him in the butt this time thank you ladies I appreciate the information
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