parole from ny state

[billy boy 2]

What is the name of your state? Pa I have a nephew that is incarcerated in the ny prison system. He has completed his minimum sentence and is to be transferred to pennsylvania to serve a term here.
He has been turned down for parole in ny state we believe this is erroneous in that he is not being paroled but transferred to pa. We need an entire citation of a case similar to this. any help would be greatly appreciated.We feel that he should be transferred to pennsylvania
We need help in determining how minimum sentences are calculated in cases such as this.
Thank you

 

[zappy]

OK tell us why you think he deserves to be put on parole early...

And what was his crime? and how does the victim feel about this?

 

[billy boy 2]

His sentence to my best recollection was 16 - 46 years. He has been incarcerated since 1986. He has found in the New York Prison Law Library where instead of going to a parole board that his sentence should be aggregate of the two minimum sentences (New York and Pennsylvania). We need direction of where to look for Pennsylvania law that this is where he should now be sent since he is not eligible for parole at this time.
I am not all that versed in this legal research. In fact I am real happy to stumble on this site.

 

[DRN]

I don't really understand the circumstance you are describing but it seems to me that New York State can hold him for as long as they want, up until the sentence is completed. I don't believe they are required to transfer him until they decide to release him.

My 2 cents.

 

[zappy]

OK tell us why you think he deserves to be put on parole early...

And what was his crime? and how does the victim feel about this?
==========


Billy Boy Lets try to answer the questions again....what did he do?

And how does his victim feel about him serving ONLY the minimum sentence?

 

[hmmbrdzz]

What is the name of your state? Pa I have a nephew that is incarcerated in the ny prison system. He has completed his minimum sentence and is to be transferred to pennsylvania to serve a term here.
He has been turned down for parole in ny state we believe this is erroneous in that he is not being paroled but transferred to pa. We need an entire citation of a case similar to this. any help would be greatly appreciated.We feel that he should be transferred to pennsylvania
We need help in determining how minimum sentences are calculated in cases such as this.
Thank you

My response: You say he's incarcerated in NY currently on two sentences. What were the crimes? Do you know if he was sentenced to serve them concurrently (together) or consecutively (one behind the other) ? There is a minimum sentencing and a maximum sentence for the crime. Minimum, of course, being the smallest amount of incarceration allowable for for the crime; maximum being the max time required. There are sentencing guidelines for each crime (or for each sentence for that crime) that are followed to calculate the actual time to be served in prison. Certain factors are taken into consideration for this calculation during the entire process, including the type of crime, priors, jail time credit, work release, any disciplinary measures while incarcerated -- many things can change the release date. Transfers of inmates are common and occur for many reasons -- post release is one. Safety is another. Is he serving in a maximum, close, or minimum custody prison? Do you know if he has ever done any work release?


Here are some sites for New York Dept of Corr and inmate info. These sites might help you some with your questions, but you would be better off to call the Dept of Correction and speak to someone in post release or someone else in the administrative part (not the prison itself, but the main headquarters).


http://nysdocslookup.docs.state.ny.us/kinqw00

http://www.docs.state.ny.us/



This one is for PA Dept. of Correction.

http://www.cor.state.pa.us/


hmmbrdzz

 

[billy boy 2]

parole ny state

Thanks for the above replies. I sent off a letter to my nephew requesting the info asked above.
His main requests are for a legal ruling or rule on:
definitionn of consecutive sentences as applied to undischarged sentences in another jurisdiction. How are they calculted?
We need a ruling,statue or anything similar from both New York State or Pennsylvania.
Again Thanks Billy Boy 2

 

[hmmbrdzz]

Billyboy, you're asking for the impossible, but here are
some links (one -- a huge manual on sentencing
computation).

http://216.239.37.100/search?q=cache:tXzWSSU2QncC:www.bop.gov/progstat/5880_028.pdf+definition+of+consecutive+sentence+undischarged+sentence&hl=en&ie=UTF-8

http://www.law.emory.edu/6circuit/june97/97a0190p.06.html

http://www.kscourts.org/ca10/cases/2002/03/01-8005.htm



hmmbrdzz

 

[billy boy 2]

OK Here is what my nephew is relaying to me. His crimes are 2 counts of robbery 1st degree one count robbery 2nd degree and one count of burglary 1st degree.
I am still not able to access Pennsylvania sites that would give me the following:

1. Definition of consecutive sentences

2. How are they applied and calculated

3. How are they applied when sentenced to undischarged terms in another jurisdiction.

His problem is complicated in that he has all access to New York law and decisions but he cannot get any Pennsylvania law or cases for comparison.
All help and replies are greatly appreciated. Thank You Billy Boy 2

 

[hmmbrdzz]

You're still asking the impossible (as far as calculation
and undischarged status)! A consecutive sentences
must be served one sentence behind the next (in order
words, the sentences can't be served at the same time).
They would be served back to back.

These web sites are chock full of information on
sentencing guidelines for PA . It might be of interest
to you. Good luck. (They're long URL's.)


http://216.239.51.100/search?q=cache:maTW01-CCOAC:vls.law.vill.edu/locator/3d/April1995/95a1017p.doc+pennsylvania+sentencing+guidelines+for+burglary+&hl=en&ie=UTF-8




http://216.239.51.100/search?q=cache:ktDDKLk697MC:[url]www.pccd.state.pa.us/Stats/EvalTableData/1994%20Sentencing%20Guidelines%20Impact%20-%20Final%20Report.pdf+pennsylvania+sentencing+guidelines+for+burglary+&hl=en&ie=UTF-8[/url]



http://216.239.51.100/search?q=cache:FYL54tLZ_fgC:pcs.la.psu.edu/Relevant%20Cases/Guidelines.pdf+pennsylvania+sentencing+guidelines+for+burglary+&hl=en&ie=UTF-8


http://216.239.51.100/search?q=cache:ubBiXB9NyHkC:ydr.com/main/justice/highlow.pdf+pennsylvania+sentencing+guidelines+for+burglary+&hl=en&ie=UTF-8