Legal Basis
This computation is used to show the interruption of a sentence when an inmate violates parole supervision. After an inmate is paroled, he must remain under parole supervision until his/her sentence is satisfied by maximum expiration or by discharge under Executive Law 259-j. Penal Law 70.40 (3) states that if an inmate violates his/her parole, his/her sentence is interrupted on the delinquency date. Executive Law 259-i (3)(d)(iii) states that the inmate can be automatically declared delinquent for committing a felony while under parole supervision. If the new felony is consecutive with the prior sentence, this computation is used. Use Penal Law 70.25 to determine if the new sentence is concurrent or consecutive. To compute the new parole eligibility date, subtract the jail time from the new minimum term, add the time owed minimum, and add the date received. To compute the time owed minimum, subtract the delinquency date from the prior parole eligibility date. There are many types of inmates that are paroled prior to completion of their minimum term. These are: shock incarceration, sentences of parole supervision (Willard), medical parole, merit, and early parole to deportation> Therefore, the prior parole eligibility date must always be checked to see if the inmate still owes time on the minimum term. If you cannot subtract the delinquency date from the prior parole eligibility date, then the inmate does not have minimum time owed. To compute the new maximum expiration date, subtract the jail time form the new maximum term, add the time owed maximum, and add the date received. To compute the time owed maximum, subtract the delinquency date form the prior maximum expiration date and subtract the parole jail time.
