billy boy 2 said:
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/
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