Board of Parole
Legislative Report2022

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

Board of Parole
Legislative Report2022

In March 2011, the former Division of Parole was merged with the former Department ofCorrectional Services to form a new agency called the Department of Corrections andCommunity Supervision (DOCCS) (see Chapter 62 of the Laws of 2011, Part C, subpart
A). The Board of Parole is an independently functioning component of DOCCS regarding
all of its decision-making functions, powers, and duties specified in law. Statewide,
Administrative Law Judges (Hearing Officers), Preliminary Hearing Officers, Board
Counsel’s Office attorneys and administrative staff, stationed in several regional offices,
report directly to the Board.
This report is produced in accordance with section 259-c (13) of the Executive Law, which
requires the Board to report to the Governor and the Legislature on its activity from theprevious calendar year. Effective October 1, 2018, the Executive Law was amended
requiring changes to the annual report. These changes state that the report shall include
statistical information regarding the demographics of persons granted release andconsidered for release to Community Supervision or Deportation, including but not limited
to age, gender, race, ethnicity, region of commitment and other relevant categories ofclassification and commitment. This report covers years 2018 through 2022 withdemographic information being presented for 2022.

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

TABLE OF CONTENTSINTRODUCTION…………………………………………………………………..ii
EXECUTIVE SUMMARY…………………………………………………………iv
Section 1 – Interviews and Approval Rates………………………………….1
Section 2 – Life Sentences…………………………………………………….12
Section 3 – Counsel’s Office…………………………………………………..15
Section 4 – Bureau of Adjudication…………………………………………..16

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.goviINTRODUCTION
The Board’s mission is “to ensure public safety by granting parole when appropriate under
the governing standards, revoking community supervision when necessary anddischarging individuals from their sentence when it is in the best interest of society.”
The Board may be comprised of up to 19 members and there were 14 members at theconclusion of 2022. Each member is appointed by the Governor and confirmed by the
Senate for a six-year term. One member is designated by the Governor to serve as the
Chairperson of the Board.
Pursuant to article 12-B of the Executive Law, the Board is charged with determining who
may be granted discretionary release to parole, setting the conditions of release tocommunity supervision, and overseeing the revocation of release. The Board is further
authorized to promulgate rules and regulations governing its duties under the establishingstatute, appoint its own counsel and appoint hearing officers to preside over revocation
proceedings.
The Board members have two primary responsibilities relating to the process fordetermining whether to grant discretionary release. The first is the meticulous case-bycase screening of individuals being considered for discretionary release in conjunction
with a personal appearance before the Board in an informal, non-adversarial interview.
SHOCK cases are the only exception where there is not an interview. The second is toestablish the conditions of release for each incarcerated individual being released tocommunity supervision. The Board interviews incarcerated individuals in panels of nofewer than two, nor more than three commissioners, located in four different locations
each week across the State.
The Board is also charged with taking victim impact statements. In 1994, Section 440.50
of the New York Criminal Procedure Law was amended in order to provide crime victims
the ability to meet face to face with a member of the Board. The Department’s Office ofVictim Assistance handles victim registrations, victim notifications, receives and provides
to the Board written or recorded impact statements, and schedules in-person statementswith the Board. Victims must register with the Office of Victim Assistance in order to be
kept informed of the Board interview process and provide victim impact statements to theBoard. Victims have the following rights regarding the parole process: (A) to be notified
when an incarcerated individual is scheduled to see the Board; (B) to send a written
impact statement to the Board; (C) to submit an audio-taped or video-taped victim impact
statement to the Board; (D) for certain violent crimes, to meet with a member of the Board
to give a statement in person; (E) to be notified of the Board’s decision; and (F) to be
notified of an incarcerated individual’s scheduled release date and the name of theassigned parole officer.
The Board also has the authority to revoke supervision when it determines a released
individual violated the conditions of release in an important respect. This duty isimplemented through administrative proceedings presided over by hearing officers
The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

ii

appointed by and reporting to the Board. These proceedings may return the individual toincarceration or impose other appropriate sanctions in the event charged violations are
sustained.
All decisions of the Board denying discretionary release or rescinding a grant of releaseand the determinations of its Administrative Law Judges revoking release may be
administratively appealed. The Appeals Unit within the Board’s Office of Counsel reviews
these appeals and reports its findings and recommendations to members of the Board for
determination.
As a result of the Less is More Act, certain determinations revoking release for violations
that amount to a felony or misdemeanor may be directly appealed to local courts. In theseappeals, the Office of Counsel to the Board appears before the appellate courts ascounsel to the respondent.

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

iii

EXECUTIVE SUMMARY•The Total Parole Board Workload declined by 1,570 interviews/case reviews from 12,906
in 2021 to 11,336 in 2022. This represents a 45% decrease since 2018 and a 12%
decrease from 2021 (Table 1).

•

The Total Initial approval rate (excluding Shock) decreased by 10 percentage points from
44% in 2018 to 34% in 2022. The Total Non-Administrative approval rate decreased by 8
percentage points from 44% in 2018 to 36% in 2022 (Table 1).

•

The number of Initial Interviews for A-1 Violent Felony Offenses declined by 28% between
2018 and 2022. The approval rate for these cases increased by 6 percentage points from
36% in 2018 to 42% in 2022 (Table 2 and Table 3A).

•

The number of Initial Interviews for Drug Offenders declined by 42% between 2018 and2022. The approval rate for these interviews increased from 43% in 2018 to 44% in 2022
(Table 2 and Table 3B).

•

Approval rates for the 2022 Non-Administrative Parole Board Interviews were highest
among incarcerated women (46%); individuals in their 50’s (42%); and individuals who
were sentenced in Upstate Rural counties (45%) (Table 6).

•

The 2022 approval rate for African-American individuals convicted of an A-I Violent
Felony was 37%, higher than the 22% approval rate among White individuals. The
approval rate for African-Americans with Drug Offenses (45%) was slightly lower than theapproval rate for White individuals (50%) (Table 7).

•

The number of releasee returns to prison for new felony convictions declined by 35% from1,330 in 2018 to 862 in 2022 (Table 12).

•The number of releasee returns to prison for violating the conditions of parole declined
by 86% between 2018 and 2022 and by 62% between 2021 and 2022. (Table 12).

•The proportion of returns to prison for new court commitments increased from 15% in2018 to 46% in 2022, while the proportion of returns for parole violations decreased from
85% in 2018 to 54% in 2022 (Table 12).

•Consistent with their proportions of the active releasee population, the highest proportionof releasee returns to prison in 2022 was among individuals in their 30’s (41%) and
African-Americans (45%). Additionally, nearly half (47%) of those returned were 2nd
felony offenders and more than half (54%) of those returned had an A-1 Violent/VFO
Crime (Table 13).

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

iv

Section 1 – Interviews and Approval Rates
There are four major mechanisms through which individuals are released to parole
supervision in the community: 1) Board of Parole interview and release determination, 2)
Presumptive Release, 3) Conditional Release, and 4) Other Release.
Board of Parole interview release determinations include determinations regarding whether
to grant discretionary release after a personal appearance before the Board in an informal,
non-adversarial interview. These determinations also include Final Deportation releases andShock decisions. Board interviews are known as Non-Administrative interviews.
Presumptive Releases occur when the Commissioner of DOCCS determines that eligible
incarcerated individuals should be released from prison after serving at least 5/6 of theirminimum sentences. For these releases, the Board of Parole only sets the conditions ofparole supervision in the community and does not make a release determination.
Conditional Releases occur when incarcerated individuals reach their conditional release
dates (typically 6/7 of a determinate sentence; 2/3 of an indeterminate sentence) and areautomatically released from prison on that date, unless good time was lost while in prison.
For these releases, the Board of Parole only sets the conditions of parole supervision in thecommunity and does not make a release determination.
The Other Release category includes: being on parole supervision in another state andrequesting transfer to New York (Cooperative cases), being judicially sentenced to parole
supervision (i.e., judicially sentenced to the Drug Treatment Campus), being a juvenile
offender released to parole supervision directly from the Office of Children and Family
Services (OCFS), being placed on parole supervision directly from local jail, and being placedon a specialized sex offender caseload in the community after a determination is made by
the court (SIST1).
The Board measures approval rates and conditions imposed for individuals released tocommunity supervision through each of the four mechanisms listed above. Although approvalrates are presented for various legal and demographic characteristics, as described in the
Introduction, many factors are taken into consideration by the Board of Parole when making
a release decision. Therefore, approval rates presented by these characteristics represent
1 SIST stands for Strict and Intensive Supervision and Treatment.

Sex offender releasees can be placed on this type ofcommunity supervision caseload as part of the civil management process in New York. Releasees must be referred(usually by DOCCS) for civil management prior to release from prison or discharge from parole supervision and evaluatedby the Office of Mental Health (OMH). If OMH determines that the releasee suffers from a “mental abnormality,” the caseis referred to the Attorney General for possible litigation. If the Attorney General proceeds with litigation, the releasee isentitled to a jury trial; a unanimous verdict is required for a releasee to be involuntarily confined or placed under intensive
supervision. If the court finds that the releasee warrants Civil Management, but can safely be supervised in thecommunity, he or she will be allowed to live in the community while supervised on a SIST caseload, as long as he or she
complies with all the conditions set by the Board of Parole, does not break the law and receives the treatment he or sheneeds. For additional information on this topic, the following report can be referenced:
https://ag.ny.gov/sites/default/files/2022_somb_annual_report.pdf.

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

1

associations only, not correlations nor causations. Detailed information on release decisions
from 2018 to 2022 is provided below.
•

Between 2018 and 2022, the total number of Non-Administrative Interviews decreasedby 43%, while the number of initial interviews decreased by 38% and the number ofreappearances decreased by 53% (Table 1).

•

The Total Non-Administrative approval rate decreased from 44% in 2018 to 36% in 2022.
Similarly, the Total Initial approval rate (excluding Shock) decreased from 44% in 2018 to
34% in 2022 (Table 1).

•

The number of Presumptive Reviews (including Merit Presumptive and Supplemental
Merit Presumptive) increased from 24 in 2018 to 35 in 2022. (Table 1).

•

While the number of interviews for A-1 Violent Felony Offenders decreased by 28% (102) between 2018 and 2022, the approval rate increased by 6 percentage points, from
36% to 42% (Table 2 and Table 3A).

•

The number of Initial Interviews for offenders with Other Coercive Offenses2 declined by
345 from 1,162 in 2018 to 817 in 2022. This represents a 30% decrease. The approvalrate for these offenses decreased by 12 percentage points from 41% in 2018 to 29% in
2022 (Table 2 and Table 3A).

•

The number of Initial Interviews (excluding Shock and Early Deportation) for Major
Property Offenders declined by 953 from 1,821 in 2018 to 868 in 2022. This represents a
52% decrease. The approval rate for these cases decreased by 13 percentage points
from 59% in 2018 to 46% in 2022 (Table 2 and Table 3B).

•

The number of Initial Interviews for Drug Offenders declined by 167 from 396 in 2018 to
229 in 2022. This represents a 42% decrease. The approval rate for these interviews
increased slightly from 43% in 2018 to 44% in 2022 (Table 2 and Table 3B).

•

Among Initial Interviews, the approval rate increased with age at interview (Table 4).

•

Among the Initial Interviews of individuals who served 15 years or longer at their interview,the highest approval rate (45%) was for those age 55 or older (Table 4).

•

The Board conducted 107 interviews of Juvenile Offenders under the jurisdiction of OCFS
during 2022. Eighty-five percent of these were Initial Interviews (Table 5).

•

The 15% approval rate of Initial Interviews for Juvenile Offenders in 2022 represented adecrease from 25% in 2018 and from 40% in 2021. The approval rate of Reappearance

2

Other Coercive Offenses are not defined as violent felonies but include aggravating elements (i.e. Burglary 3rd,
Manslaughter 2nd).
The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

2Interviews for Juvenile Offenders decreased from 58% to 31% in the same time period(Table 5).
•

Females had higher approval rates than males at both Initial and Reappearance
Interviews (Table 6).

•

Half (50%) of the Total Non-Administrative Interviews in 2022 were for incarcerated
individuals who were between the ages of 30 and 49 at the time of their interview (Table
6).

•

Incarcerated individuals in their 50’s had the highest approval rate among the Total NonAdministrative Interviews in 2022 (42%), while those under 18 years old had the lowest
approval rate (12%) (Table 6).

•

Among 2022 Non-Administrative Interviews, approval rates were highest (45%) for
individuals sentenced from the Upstate Rural region of New York. Incarcerated individuals
sentenced in New York City had the lowest approval rate of 30% (Table 6).

•First felony offenders represented the highest proportion (49%) of the total number of
Non-Administrative Interviews during 2022. The approval rate for these interviews was
38%, five percentage points higher than second felony offenders (Table 6).

•

The largest proportion of Initial Interviews was among COMPAS Supervision Level 4(35%). The highest initial approval rate was among COMPAS Level 4 individuals (46%),
while the lowest rate was among COMPAS Level 1 individuals (28%) (Table 6).

•

Among the Non-Administrative Interviews during 2022 for offenders convicted of an A-1
Violent Felony, the approval rate for Whites was 22% compared to 37% for AfricanAmericans and 41% for Hispanics (Table 7).

•

Interviews of incarcerated individuals convicted of Legislative VFOs resulted in a 19%
approval rate for Hispanics, a 22% approval rate for African-Americans, and a 29%
approval rate for Whites (Table 7).

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

3

TABLE 1. PAROLE BOARD INTERVIEWS AND APPROVAL RATES: 2018 TO 2022
2018
11,357
5,007
44.1%
7,416
3,230
43.6%
5,921
2,204
37.2%
1,339
940
70.2%
0
0
-90
42
46.7%
21
12
57.1%
45
32
71.1%
575
481
83.7%
3,237
1,235
38.2%
129
61
47.3%
9,147
267
4,642
2,432
675
858
244
5
19
0
3
2
20,504
1,681

Total Non-Adm inistrative
Granted Release
Approval Rate
Total Initials w /o Shock
Granted Release
Approval Rate
Initials
Granted Release
Approval Rate
Merit
Granted Release
Approval Rate
Supplem ental Merit
Granted Release
Approval Rate
Lim ited Credit Tim e
Granted Release
Approval Rate
Medical Parole
Granted Release
Approval Rate
Early Release for Final Deportation
Granted Release
Approval Rate
Shock
Granted Release
Approval Rate
Reappearance
Granted Release
Approval Rate
PV/CR Reappearance
Granted Release
Approval Rate
Total Adm inistrative
Other Adm inistrative
Conditional Release - Review s
Conditional Release - PV Review s
Conditional Release - Shock Review s
Conditional Release - Merit Review s
Conditional Release - Lim ited Credit Tim e Review s
Presum ptive Release Review s
Merit PR Review
Supp Merit PR Review
Medical Review s Release Condition
Executive Clem ency Release Condition
Total Board Workload
SORC Reappearances

2019
10,568
4,413
41.8%
7,031
2,857
40.6%
5,589
1,870
33.5%
1,291
889
68.9%
2
1
50.0%
90
52
57.8%
23
16
69.6%
36
29
80.6%
460
393
85.4%
2,947
1,113
37.8%
130
50
38.5%
9,276
472
4,622
2,414
553
884
290
8
20
0
6
7
19,844
1,885

2020
7,960
3,348
42.1%
5,319
2,168
40.8%
4,306
1,451
33.7%
875
640
73.1%
0
0
-111
56
50.5%
12
10
83.3%
15
11
73.3%
405
327
80.7%
2,128
792
37.2%
108
61
56.5%
7,714
417
4,062
1,677
537
708
270
6
31
0
2
4
15,674
1,041

2021
6,485
2,437
37.6%
4,370
1,581
36.2%
3,725
1,133
30.4%
504
364
72.2%
0
0
-107
58
54.2%
17
15
88.2%
17
11
64.7%
179
137
76.5%
1,842
645
35.0%
94
74
78.7%
6,421
459
3,671
1,237
263
475
261
13
24
0
2
16
12,906601

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

4

2022
6,459
2,299
35.6%
4,609
1,567
34.0%
3,904
1,097
28.1%
599
403
67.3%
1
1
100.0%
80
48
60.0%
20
16
80.0%
5
2
40.0%
313
240
76.7%
1,513
478
31.6%
24
14
58.3%
4,877
206
3,142
614
350
301
225
6
29
0
1
3
11,336285

TABLE 2. PAROLE BOARD DECISIONS BY SUMMARY CRIME CATEGORIES2018 to 2022 Initial Interviews(Includes Merit, Supplemental Merit and LCTA; Excludes Shock and Early Deportation)

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

5

TABLE 3A. PAROLE BOARD DECISIONS BY CRIME OF COMMITMENT (page 1)
2018 to 2022 Initial Interviews(Includes Merit, Supplemental Merit and LCTA; Excludes Shock and Early Deportation)

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

6

TABLE 3B. PAROLE BOARD DECISIONS BY CRIME OF COMMITMENT (page 2)
2018 to 2022 Initial Interviews(Includes Merit, Supplemental Merit and LCTA; Excludes Shock and Early Deportation)

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

7

TABLE 4. PAROLE BOARD APPROVAL RATESBY TIME SERVED AND AGE AT INTERVIEW
2022 Initial Interviews

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

8

TABLE 5. JUVENILE OFFENDERS UNDER OCFS JURISDICTIONPAROLE BOARD INTERVIEWS AND APPROVAL RATES
2018 to 2022

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

9TABLE 6. PAROLE BOARD APPROVAL RATES BY INDIVIDUAL CHARACTERISTICS
2022 Initial and Reappearance Interviews

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

10TABLE 7. PAROLE BOARD APPROVAL RATESBY RACE AND CURRENT OFFENSE TYPE
2022 Non-Administrative Interviews*

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

11Section 2 – Life Sentences•

Half (50%) of the total Initial Interviews for individuals sentenced to indeterminate
terms with a life maximum were approved for release (Table 8).

•

Individuals aged 55 and older, at the time of the crime, had the highest approval rate
at Initial Interview (100%), followed by those who were under age 18 at the time of thecrime (68%) (Table 8).

•

Seventy-two percent of individuals under 18 at the time of the crime for which they
were sentenced to life (minor offenders ), who had a Board interview during 2022,
were convicted of Murder in the 2nd degree and not sentenced as juvenile offenders.
These 58 interviews resulted in a 52% approval rate (Table 9).

•

Among all minor offenders with an interview during 2022, African-Americans had thehighest approval rate (56%), followed by Hispanics (50%) (Table 9).

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

12TABLE 8. PAROLE BOARD APPROVAL RATES AMONG LIFE SENTENCES
AGE AT CRIME BY INTERVIEW TYPE
2022 Initial and Reappearance Interviews

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

13

TABLE 9. PAROLE BOARD APPROVAL RATESBY RACE AND CURRENT OFFENSE TYPE
FOR INDIVIDUALS UNDER 18 AT THE TIME OF THE CRIME
FOR WHICH THEY WERE SENTENCED TO LIFE IMPRISONMENT
2022 Non-Administrative Interviews*

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

14Section 3 – Counsel’s Office
Parole Board Office of Counsel – The Office of Counsel is responsible for the following
program areas: litigation; administrative appeal process; and legislation/regulations.
Parole Board Appeals Unit – The Appeals unit opens and processes administrative
appeals from either Board decisions that deny release to community supervision or
Administrative Law Judge (ALJ) decisions that revoke parole, conditional release,presumptive release or post-release supervision. The number of Administrative Appeals
opened between 2018 and 2022 are as follows:
•
•
•
•
•

For calendar year 2018: 2,209
For calendar year 2019: 2,431
For calendar year 2020: 1,905
For calendar year 2021: 1,553
For calendar year 2022: 1,282

The Appeals Unit responds timely to administrative appeals. Typically, the response iswithin one to two months of the perfection of the brief.
Litigation – The Board and its employees are sometimes made parties to litigation;common actions that are filed are pursuant to the New York Civil Practice Law and Rules
Article 78 and habeas corpus proceedings, claims filed in the New York Court of Claims,
and actions commenced in Federal courts under 42 U.S.C. Section 1983. Additionally,
pursuant to legislation effective in March 2022, under subdivision 4-a of Section 259-i of
the Executive Law, releasees whose parole was revoked upon one or more sustained
non-technical violation charges alleging a misdemeanor or felony may appeal suchfinding directly to a court.

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

15Section 4 - Bureau of Adjudication
The Board has the jurisdictional authority to revoke the release of any person released
from a DOCCS correctional facility prior to the maximum expiration date of their sentence.
Administrative Law Judges (ALJs) and Preliminary Hearing Officers (PHOs) adjudicate
alleged violations of parole..
PHOs and ALJs preside over preliminary revocation hearings. If the burden of proof as
to any violation charge is met at a preliminary hearing, then the revocation case willproceed to a final revocation hearing.
ALJs preside over the final revocation hearings. At a final revocation hearing, the alleged
violator is entitled to a number of due process protections, including the right torepresentation by counsel. If an ALJ sustains one or more of the violation charges, theviolator may be returned to state custody for all or a portion of the remaining sentence
pursuant to imposed time assessments, or restored to parole supervision with additional
conditions as deemed appropriate, e.g. treatment programs, depending uponcircumstances. If no charges are sustained the case is dismissed and the person isreturned to supervision. The Bureau operates in accordance with an established systemgoverned by statute and regulation. Violators returned to prison are eligible for re-releaseto the community upon expiration of the time assessment imposed.
New Standard Conditions
Effective July 8, 2020, new standard conditions of release were applied to every individual
released to community supervision under the jurisdiction of the Department of Corrections
and Community Supervision. By rulemaking effective March 1, 2022, these conditions
were again amended in light of the Less is More Act.
Parole Revocation Guidelines
Prior to March 1, 2022, and since 1997, outcomes of the parole revocation process were
pursuant to a guideline structure that considered criminal history, crime of conviction, andcurrent violative behavior. The guidelines are structured to ensure that those violatorswith a history of violent behavior receive the most severe penalties and those with
substance abuse problems receive the necessary treatment. Under the guidelines, mostviolators fall into one of three categories. However, certain violators are consideredoutside the guidelines. These categories are described below.
On July 12, 2004, additional changes were implemented to improve the efficiency of theviolation process. These changes did not alter the category structure but focused on items
such as expanding authorization for declaration of delinquency to area supervisors anddecreasing the number of cases that require Board affirmation. Efficiency was further
enhanced on February 27, 2012 when the Parole Board eliminated the need for any cases
to obtain Board affirmation pursuant to a court decision.
Effective December 8, 2020, new parole revocation guidelines were implemented,
The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

16

designed to focus more heavily on current violative behavior while still maintaining
appropriate flexibility to account for other relevant aspects of individual case histories.
These new guidelines delineate the available responses to violative behavior that issustained at a final revocation hearing, with four enumerated behavior categories and an“outside the guidelines” grouping being established. The responses corresponding tothese categories include: revocation and restoration to supervision as a possible
disposition in all category types; a time assessment option in most categories; and in allcases a form of time assessment disposition that allows the violator to significantly reduce
their time in custody through the completion of appropriate programming within a
Department correctional facility. With respect to this last option, which may be referred toas an “alternative Department program” disposition, the programming may be of either 45days or 90 days in length, as determined by the presiding officer in the revocation case.
Outcomes for Violation Dispositions Prior to December 8, 2020
Category 1: The time assessment imposed on sustained Category 1 cases can be noless than 15 months; however, DOCCS may grant a mitigating reduction of up to threemonths. Potential Category 1 cases may also be given the Alternative 90 Day program.
Cases include the following violators:•

Conditionally released on a violent felony offense as defined under Penal Law Section
70.02;•

Paroled or conditionally released on an A-1 felony offense;•

Paroled or conditionally released on any felony offense under Article 125, 130, 263 or
Section 255.25 of the Penal Law;•

Paroled or conditionally released on any violent felony offense involving the use, or
threatened use, of a deadly weapon or dangerous instrument or the infliction ofphysical injury;•

Current violative behavior involving the use, or threatened use of a deadly weapon or
dangerous instrument or the infliction or attempted infliction of physical injury or
possession of a firearm or threats toward Division staff; or•A criminal record that includes either a violent felony conviction, or youthful offenderadjudication that occurred within the 10-year period preceding the commission of thefelony on which the current sentence is based and involved the use or threatened useof a deadly weapon or dangerous instrument or the infliction of physical injury.

Category 2: All Category 2 violators are revoked and restored to Willard DTC. However,a parole violator may be exempted from mandatory participation in Willard DTC (andmoved to Category 3) when one of the following circumstances apply:•

Time remaining on sentence as of warrant lodge date is less than nine months;

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

17

•

Pending felony charges as of final hearing date;•

Medical/Psychiatric ineligibility;•

Exceptional mitigating circumstances; or•Violators who have incurred two prior sustained violations do not go to Willard, but
receive a time assessment not to exceed 12 months.

Cases include the following violators:•

The current conviction is for a felony, other than A-1, defined by Article 220 or 221 of
the Penal Law and the sustained violation is for other than a felony committed whileon parole; or•

The current sentence is based on a conviction other than Penal Law Article 220 or
221 offense which is neither a violent felony offense or a Class A felony and the current
violation charge is sustained on a Rule 8 drug charge, Rule 11 charge or special
condition prohibiting the use of alcohol.

Category 3: These cases include parole violators that do not fall under Categories 1 or
2.
The time assessment imposed on a Category 3 violator whose crime of conviction is aviolent felony offense as defined in Penal Law Section 70.02 is the time spent in custody(at the time of the final hearing) plus six months. For a violator with a non-violent felony
offense as a crime of conviction, the time assessment is time spent in custody plus threemonths. Violators who have incurred two prior sustained violations receive a timeassessment not to exceed 12 months.

Outside the Guidelines
Under the regulations, certain types of parole violators cannot be considered under theabove described guidelines. They are considered outside the guidelines and are
categorized as follows:•

Those sentenced to Willard under section 410.91 of the Criminal Procedure Law(judicially sanctioned);•Those restored to Willard who fail to successfully complete the 90-day program.

Mitigating Circumstances
There are five sets of mitigating circumstances which, if demonstrated, allow for a
departure from the mandatory penalties imposed on Category 1, 2, and 3 violators. The
mitigating circumstances are described in detail in section 8005.20 of Title 9 of the New
The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

18

York Codes Rules and Regulations.
If mitigating circumstances apply, this group of violators can be revoked and restored tosupervision if DOCCS has found that (1) the violator's program needs could be
adequately addressed in the community with supervision and (2) that restoration tosupervision would not have an adverse effect on public safety.
Outcomes for Violation Dispositions Starting on December 8, 2020
Behavior Category 1
The response options include restoration to supervision, a time assessment no less than
12 months (10 months if a mitigating reduction is applied), and a time assessment no lessthan 12 months with an alternative Department program provision. Category 1 revocation
cases include the following:•

A current sustained violation consisting of one or more of:(i) The use or threatened use of a deadly weapon or dangerous instrument; or(ii) The possession of a firearm; or(iii) The infliction or attempted infliction of physical injury upon another; or(iv) A threat toward any Department of Corrections and Community Supervision
staff or any police or peace officer; or(v) A violation of an active order of protection or special condition of supervisionprohibiting contact with an individual; or(vi) Behavior that would be unlawful under provisions identified in Penal Law
section 70.02 (violent felony offenses); or(vii) Behavior that would be unlawful under articles 125, 130, 135, 230, 235, 255,
263, 485 or 490 of the Penal Law. Or•

Agreement of all parties to placement within this category in the absence of a specificfinding of guilt on a charge alleging the conduct listed in (i) through (vii) above.

Behavior Category 2
The response options include restoration to supervision, a time assessment of no lessthan 3 months and no more than 15 months, and a time assessment no less than 6months and no more than 15 months with an alternative Department program provision.
Category 2 cases include those with a current sustained violation of standard conditionof release number 3 (prohibition on absconding from supervision).

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

19Behavior Category 3
The response options include restoration to supervision, a time assessment no less than
3 months and no more than 12 months, and a time assessment no less than 6 months
and no more than 12 months with the provision for an alternative Department program of
90 days or exactly 4 months with the 45-day alternative Department program. Category
3 cases include the following:•

A current sustained violation consisting of one or more of the following:(i) criminal behavior other than that addressed in the Penal Law articles andsections listed in category 1; or(ii) operating a vessel or motor vehicle while under the influence of or whileability was impaired by alcohol or drugs; or(iii) unlawful possession of a weapon upon school grounds; or(iv) criminal solicitation as a violation; or(v) harassment as a violation; or(vi) hazing as a violation; or(vii) failing to respond to an appearance ticket. Or•

Agreement of all parties to placement within this category in the absence of a
specific finding of guilt on a charge alleging the conduct listed in (i) through (vii)
above.

Behavior Category 4
The response options include restoration to supervision, and a time assessment ofexactly 6 months with the provision for an alternative Department program of 90 days orexactly 4 months with the 45-day alternative Department program. Category 4 cases aredefined as those which do not fall under categories 1, 2 or 3 and where the violator is notdeemed outside the guidelines.
Outside the Guidelines
The response options include restoration to supervision, a time assessment from 1 month
up to the maximum expiration of the sentence, and a time assessment no less than 6months with the provision for an alternative Department program of 90 days or no lessthan 4 months with the 45-day alternative Department program. Cases deemed outside
the guidelines include those where the violator was:(1) Released to community supervision where their underlying sentence was imposed
The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

20

upon conviction or adjudication for a Penal Law Article 130, 135, 230, 235, 255,
263, 485 or 490 offense; or(2) Sentenced to parole supervision pursuant to Criminal Procedure Law section
410.91, except that any such violator who has previously received and served atime assessment on their instant offense shall not be deemed outside theguidelines unless they are a persistent violator (per (5) below); or(3) Granted early conditional parole for deportation only or conditional parole fordeportation only by the Board of Parole; or(4) Granted medical parole or compassionate release and have not, as of the date ofdelinquency, reached their parole eligibility date or conditional release date,
whichever comes first; or(5) Found to have incurred two or more prior revocations since release to Community
Supervision on their underlying sentence.
Less is More Legislation
In September 2021, Governor Hochul signed into law the Less Is More Act. Among otherchanges, this legislation changes the procedures regarding the issuance and processingof violations of the conditions of parole supervision. This legislation became effective on
March 1, 2022, and has had a significant impact on parole operations and the releasee
population.
The violation procedures changed under Less Is More. Violation activity is now reflectedwith the creation of a revocation “case”. Warrants can still be issued, but they are notrequired for each revocation case. Where a warrant is issued, the releasee must bepresented to a court within 24 hours of execution of the warrant, and the court may orderthe individual detained pending the revocation proceedings only upon a finding that thereleasee currently presents a substantial risk of willfully failing to appear at the preliminary
or final revocation hearings and that no non-monetary condition or combination of
conditions in the community will reasonably assure the releasee’s appearance at theproceedings. Additionally, Less Is More significantly changed the sanctions that can be
imposed for parole violations, resulting in fewer returns to prison. As a result of thesechanges, direct comparisons to prior years cannot be made for violation activity during
2022.
Returns to prison have been declining since 2008. The COVID-19 pandemic accelerated
this trend in 2020, while the implementation of Less is More legislation in March 2022
further contributed to this decline.

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

21Violation Process Highlights
Prior to the effective date of the Less is More Act, an alleged parole violator was entitledto a preliminary violation hearing to determine whether there was probable cause within
15 days of arrest on the parole warrant. If probable cause was not found or if thepreliminary hearing was waived by the alleged violator, the final revocation hearing was
required to be scheduled to be held within 90 days. After the Less is More Act, thestandard of proof at the preliminary hearing is now a preponderance of the evidence andthe time to schedule both the preliminary and final revocation hearings is 5 days and 30
days where ordered detained and 10 days and 45 days where not detained.
•

The number of both preliminary and final hearings decreased between 2018 and 2022,
by 73% and 64%, respectively (Table 10 and Table 11).

•

Over half (53%) of alleged violators scheduled for a preliminary violation hearing in
2022 waived the right to these hearings. Although this proportion has decreased overthe last 5 years, the majority of preliminary hearings are still consistently waived. The
proportion of preliminary hearings completed increased by 14 percentage points
between 2018 and 2022, from 27% to 41% (Table 10).

•

Final hearing completion rates declined over the last five years, from 49% in 2018 to
33% in 2022 (Table 11).

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

22

TABLE 10. VIOLATION PROCESSPRELIMINARY HEARING ACTIVITY
2018 TO 2022

TABLE 11. VIOLATION PROCESSFINAL HEARING ACTIVITY
2018 TO 2022

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

23

Releasees Returned to Prison
To ensure public safety, the Board may grant parole when appropriate under governing
standards as well as revoke Community Supervision when necessary. Return to prison
dispositions do not necessarily result in an admission to DOCCS custody. This isparticularly true since the implementation of Less is More, which has shorter timeassessments that may be served in jail instead of prison. Below are the statistics
concerning releasee returns to prison between 2018 and 2022.
•

There were 1,891 releasee returns to prison in 2022, a decrease of 6,877 (-78%) from2018. Of these returns, 1,029 (54%) were for violations of the conditions of parole and862 (46%) were for new court convictions (Table 12). Returns to prison have been
declining since 2008, and the COVID-19 pandemic in 2020 accelerated this trend.

•

Among total returns to custody, the proportion of returns for violating conditions ofparole decreased, while the proportion of returns for new commitments increased(Table 12).

•

There was a decline of 6,409 (-86%) in the number of returns to prison for violating
the conditions of parole, from 7,438 in 2018 to 1,029 in 2022 (Table 12).

•The proportion of the dynamic population of releasees returned to prison decreased
from 17% in 2018 to 5% in 2022 (Table 12).

•The proportion of releasees returned to prison for violating the conditions of parole
among the dynamic population dropped 12 percentage points from 15% in 2018 to
3% in 2022 (Table 12).

•

Sixty-five percent of the returns to prison in 2022 were among releasees under theage of 40 (Table 13).

•Over half (54%) of the 2022 returns to prison were originally convicted of an A-I Violent
or Legislative VFO offense (Table 13).

•

Individuals of Hispanic descent made up 13% of overall returns to prison, smaller thanthe proportion of African-American (45%) and White (40%) individuals (Table 13).
Compared to the total releasee population3, Hispanic individuals returned at adisproportionately lower rate and White individuals returned at a disproportionately
higher rate.

•

In 2022, at the time of return, 53% of all returns were supervised at Level 1, 19% at
Level 2, 18% at Level 3, and 7% at Level 4. Releasees supervised at Level 1 (highestrisk) were most likely to return for both new commitments and violating the conditionsof parole (Table 14).

3 Refer to the report series “Community Supervision Legislative Report”.

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

24•In 2022, 72% of returns to prison were among releasees supervised at Level 1 or 2.
This was higher than the proportion of releasees supervised at Level 1 or 2 (49%) at
the end of 2022. This indicates that, as expected, returns to prison occurreddisproportionately among Level 1 and Level 2 releasees (Table 14).

•The highest percentage (38%) of releasee returns to prison in 2022 were supervisedin the Central New York region. The Central New York and Western New York regions
had the largest numbers of releasee returns for a new court conviction (227 and 191,
respectively) (Table 15).

•

The number of releasee returns to prison for new felony convictions declined by 35%
from 1,330 in 2018 to 862 in 2022. This was an increase of 13% from 761 returns in
2021. (Table 16).

•

The proportion of releasee returns to prison as new commitments that were originallyconvicted of violent offenses increased from 50% in 2018 to 59% in 2022. The
proportion that was originally convicted of drug offenses decreased from 22% in 2018
to 15% in 2022 (Table 16).

•

The number of releasee returns to prison for violating the conditions of parole declined
by 86% between 2018 and 2022 and by 62% between 2021 and 2022 (Table 17).

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

25

TABLE 12. RELEASEE RETURNS TO PRISON
as a Proportion of the Releasee Dynamic Population2018 to 2022

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

26

TABLE 13. RELEASEE RETURNS TO PRISONBY OFFENDER CHARACTERISTICS
2022 Returns

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

27

TABLE 14. RELEASEE RETURNS TO PRISON DURING 2022
BY SUPERVISION LEVELSupervision Level
for
Parolees in theCommunity

Return Reason

New Court
Conviction

Violating Conditionsof Parole

Total
December 31, 2022

Supervision Level

Number

Percent

Number

Percent

Number

Percent

1 (25:1)

447

52%

559

54%

1,006

53%

1 (25:1)39%

2 (40:1)

142

16%

221

21%

363

19%

2 (40:1)10%

3 (80:1)

168

19%

176

17%

344

18%

3 (80:1)19%

4 (160:1)

86

10%

55

5%

141

7%

4 (160:1)

30%

Pending

19

2%

18

2%

37

2%

Pending

1%

TOTAL

862

100%

1,029

100%

1,891

100%

TOTAL

100%

TABLE 15. RELEASEE RETURNS TO PRISON IN 2022
BY REGION OF SUPERVISION

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

28

TABLE 16. RELEASEE RETURNS TO PRISON AS NEW COMMITMENTS:
ORIGINAL CRIME OF COMMITMENT
2018 TO 2022

TABLE 17. RELEASEE RETURNS TO PRISON FOR RULE VIOLATIONS:ORIGINAL CRIME OF COMMITMENT
2018 TO 2022

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

29Prepared by:
Program Planning, Research & Evaluation

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

30