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 concurrent with the prior sentence, this computation is sued. Use Penal Law §70.25 to determine if the new sentence is concurrent or consecutive. To compute the new parole eligibility date when a parole or conditional release violator has a commitment that is concurrent pursuant to 70.25 (1) or has a new commitment that states "concurrent with previous sentence," the new minimum is computed like a basic and the inmate receives prior time credit. Prior time credit is authorized by Penal Law 70.30 (1)(a). When two or more indeterminate sentences are concurrent, all time credited to the minimum of one sentence must be credited to the minimum of all the concurrent sentence. Prior time credit is deducted from the interim PE date. Prior time credit is calculated from the date of reception in a State facility to date of parole or conditional release (jail time is not included). There are many types of inmates that are paroled prior to completion of their minimum term. These are: shock incarceration, sentences or parole supervision (Willard), merit, medical parole, 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. To compute the minimum time owed, subtract the delinquency date from the prior parole eligibility date. 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 adjusted parole eligibility date, add the minimum time owed to the date received. The date with the longer time to run becomes the controlling parole eligibility date. When a parole or conditional release violator has a commitment that states concurrent with Parole Time Owed, the new minimum is computed like a basic and the inmate does NOT receive prior time credit. -People ex rel. Mathis v. Harris 444 NYS2d 114 (2d Dept. 1981) To compute the new maximum expiration date, subtract the jail time from the maximum term and add the date received. To compute the adjusted maximum expiration date, add the net time owed to the date received. The date with the longer time to run becomes the controlling maximum expiration date. If parole jail time and jail time cover the same period, request that the Division of Parole reduce their parole jail time. If the adjusted Maximum Expiration Date is controlling, the good time will be computed as one-third of the maximum time owed. If the new Maximum Expiration date is controlling, the good time will be computed as one-third of the new maximum term.
