Legal Basis
This computation is sued to show the interruption of a sentence when an inmate violates parole supervision. After an inmate is released, 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. If the Parole board has determined that the violator should be returned to NYSDOCCS, the sentence will recommence when the inmate is returned to this Department. If the Parole Board has determined that the violator does not need to be returned to NYSDOCCS, the sentence will recommence when the inmate is restored to parole from the county jail or NYCDOC (this is known as a revoke and restore). Penal Law 70.40 (3)(a), (b), and (c) lists the three ways that inmates may earn credit towards their maximum term in the form of parole jail time. Executive Law 259-c (12) states that the Division of Parole is responsible for issuing parole jail time certificates. 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), 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. If you cannot subtract the delinquency date from the prior parole eligibility date, then the inmate does not have minimum time owed and you do not have to adjust the PE date. Correction Law 803 (5) states that the when an inmate violates parole all of his/her good time is forfeited. He may subsequently receive good time that is one-third of the remaining time owed on his/her indeterminate sentence, provided that it is more than one year. If the remaining time owed is one year or less, there is no good time and no conditional release date.
