Presumptive release

[lisa2068]

What is presumptive release and how do you become eligible in New York state?

 

[n_and]

DUPLICATE POST!!

 

[coosi]

www.communityalternatives.org/pdfs/accelerate_release_dates.pdf

Presumptive Release Program for Nonviolent Prisoners

The legislature has created an entirely new form of release from prison to beadded to the existing types of release which include parole release, conditional release, and post-release supervision. We now have the newly created presumptive release established by Correction Law §806.Prisoners who are eligible for presumptive release will be automatically releasedwhen they reach their parole eligibility or merit eligibility date without the necessity of appearing before the parole board to receive approval for release.3The good news about presumptive release is tempered by the fact that so manyprisoners are excluded. In order to be eligible for presumptive release a prisoner cannot have:
(i) been convicted previously, or be presently serving a sentence for:
• A-1 felony
• violent felony offense as defined in Penal Law §70.02
• Manslaughter 2nd• Vehicular Manslaughter 1stor 2nd
• Criminally Negligent homicide
• Sex offense (Penal Law Art. 160)
• Incest
• Sexual Performance by a Child (Penal Law Art. 263)
(ii) committed any serious disciplinary infraction
(iii) been the subject of a judicial determination of commencing frivolous litigation or a Rule 11 sanction by a federal court. The linchpin of presumptive release is the certificate of earned eligibility. Anyprisoner who has been awarded a certificate of earned eligibility by the commissioner may be entitled to presumptive release at the expiration of her minimum sentence or at five-sixths of the minimum if she meets the criteria for merit time allowance. Presumptive release takes the decision for discretionary parole release out of thehands of the parole board. It is, however, not automatic. The commissioner may deny presumptive release "whenever the commissioner determines that such release may not be consistent with the safety of the community or the welfare of the inmate.

Any prisoner eligible for presumptive release is required to apply pursuant to newly amended Executive Law §259-g. A person on presumptive release is supervised by parole and under the same conditions as she would if released by parole.

 

[lisa2068]

This was exactly what I was looking for! Thank you, thank you, thank you.

 

[coosi]