What is a technical violation of parole? Does #LessIsMoreNY apply to an individual who is on parole but in jail facing a new criminal charge (misdemeanor or felony)? How else does #LessIsMoreNY help people on parole who are charged with new crimes? How do earned timed credits work? What is the 30 for 30? Does the earned timed credit provision apply to everyone on parole regardless of their conviction (including people on parole for violent felonies, sex offenses, etc.)? When will people start receiving earned time credits (30 for 30)? Is it retroactive? If I’m accused of violating a special condition of my parole, such as not attending a mandatory drug treatment class, will I be arrested under #LessIsMoreNY? If someone is found to be in violation of the terms of their parole supervision after accruing a certain amount of good time credits (“30 for 30”), do they lose that time? When do the provisions of the #LessIsMoreNY Act go into effect?
Does #LessIsMoreNY apply to an individual who is on parole but in jail facing a new criminal charge (misdemeanor or felony)?
Yes – but likely not yet. Under #LessIsMoreNY, people accused of a new crime while on parole will get what’s called a recognizance hearing rather than automatically being detained because of the parole sticker. The recognizance hearing will most often be conducted simultaneously with the bail hearing on the new charge. The standard for release at the recognizance hearing is the same as at the bail hearing on the new charge: the court will release the person on their own recognizance (ROR) unless this will not reasonably assure the person’s appearance at subsequent hearings (if the person is a flight risk). Recognizance hearings are not scheduled to begin under the new law until March 1, 2022.
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