Incarcerated Flavors

"Don't imprison your taste, free your creativity."

Month: June, 2012

Lawbeat: Statistics show felony convictions for parolees at 10-year low

January 5, 2011 at 9:29 am by Robert Gavin

More times than not, the word parolee is not part of a feel-good story on the front page of the Sunday newspaper.

Usually it means one has been arrested — again.

But parolees are like the place-kickers of the criminal justice system. When they do what is expected, few notice.

When they miss? Everyone notices.

And for parolees, the misses are some of the most heinous crimes in society: murders, rapes, armed robberies and more.

In the last year alone, the Capital Region witnessed parolees get convicted of, among other crimes, a stabbing death, violent home invasion, the vicious beating of an 83-year-old woman and one case in which a woman was set on fire. A parolee was shot and killed by police in Albany after fleeing a traffic stop and driving into a police officer, who miraculously survived.

Parolees have come under controversy over concerns some of them repeatedly violate rules, such as drug use, and get left on the streets too long.

But that’s only part of the story — and, apparently, the smaller part.

The state Division of Parole released statistics Thursday that would likely surprise many observers: Parolees are committing fewer serious crimes.

In fact, felony convictions for parolees now stand at a 10-year low. The percentage of parolees returning to prison for new crimes plummeted 40 percent over the past decade.

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Please read if you/or know someone one parole!

Who is eligible for a Certificate of Relief?

CERTIFICATE OF RELIEF | RESTORATION OF RIGHTS

By law, you are eligible for a Certificate of Relief if you have not been   convicted of more than one felony. For this purpose, two or more felony   convictions stemming from the same indictment count as one felony. Two or more   convictions stemming from two or more separate indictments filed in the same   court, prior to conviction under any of them, also count as one felony.

The Board of Parole may also issue you a Certificate of Relief if you are an   eligible offender who has been convicted in another jurisdiction and who now   lives in New York State.

A Certificate of Relief may be issued upon an eligible individual’s release   from a correctional facility or at any time thereafter.

What effect does a Certificate of Relief have on my status?

A Certificate of Relief may remove any mandatory legal bar or disability   imposed as a result of conviction of the crime or crimes specified in the   certificate. The Certificate of Relief does not, however, enable you to retain   or become eligible for public office. Note that removing mandatory legal bars   restores your right to apply and be considered for employment or license, but   does not guarantee it will be granted.

A Certificate of Relief issued to you upon release or once you are on parole   supervision is a temporary certificate. This certificate becomes permanent when   you are discharged from supervision. While it is temporary, the certificate may   be revoked by action of the Board of Parole.

Who is eligible to apply for a Certificate of Good   Conduct?

In contrast to the Certificate of Relief, you are eligible for the   Certificate of Good Conduct even if you have been convicted of more than one   felony. You do not become eligible for a Certificate of Good Conduct, however,   until a minimum period of time has elapsed from the date of your unrevoked   release from custody by parole or from the date your sentence ended.

In cases in which the most serious conviction is a misdemeanor, there must be   at least one year of satisfactory community adjustment before a Certificate of   Good Conduct can be considered. In cases in which the most serious conviction is   a C, D or E felony, you must wait at least three years. In cases in which the   most serious conviction is an A or B felony, you must wait at least five years.

What effect does a Certificate of Good Conduct have on my   status?

A Certificate of Good Conduct has the same effect as the Certificate of   Relief. In addition, the Certificate of Good Conduct may restore your right to   seek public office. The certificate may remove all legal bars or disabilities or   remove only specific bars or disabilities.

The Certificate of Good Conduct issued to you while under parole supervision   is a temporary certificate. The certificate will become permanent upon discharge   from supervision.

How are certificate applications submitted?

If you have not completed your sentence, you cannot apply directly for a   Certificate of Relief or a Certificate of Good Conduct. The application is   submitted to the Board of Parole by Parole staff. If you are anticipating   release consideration or are under parole supervision, you should discuss your   desire to apply for a Certificate with your Parole Officer.

If you have completed your sentence, you may apply directly to the   Certificate Review Unit of the Division of Parole for Certificates of Relief or   Good Conduct. If you were convicted in another state or by a federal court, you   may apply directly upon release from custody to the Certificate Review Unit.

How are voting rights restored?

If you have been convicted of a felony, you lose the right to vote. This   right is automatically restored when you complete your maximum sentence or are   discharged by the Board of Parole. If you have been issued a Certificate of   Relief from Disabilities or a Certificate of Good Conduct while on parole, you   may register to vote.

Where may I obtain more information about Certificates of   Relief and Good Conduct, and about licensing and employment?

Article 23 of the Correctional Law deals with Certificates of Relief from   Disabilities and Certificates of Good Conduct. Article 23A of the Correction Law   deals with licenses and employment of persons convicted of criminal offenses.   Consult your Parole Officer about specific questions you may have.

Download an application   for a Certificate of Relief from Disabilities or Good Conduct (PDF 1,181   kb).

Facts by NYSDOC..

Statistics  show parolees are committing fewer serious crimes

The Division of Parole’s FY 2009-10 Annual Report summarizes the activities of the Division  and its two main   functions – deciding which offenders whom the Legislature has made eligible for parole have   met the statutory criteria for discretionary release, and then monitoring and mentoring those   who are released to community supervision.

During FY 2009-10,  the Division of Parole made substantial progress in its mission to   promote public safety and successfully transition releases back to the community – as evidenced by   the fact that the percentage of releasees returned to prison for new felony convictions is at its lowest   point since the early 1990s.

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Wet Dreams

By; Davey Shark

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Metamorphisis

By: Davey Shark Din# 88A9726
Washington Correctional Facility

Liberty

Waiting for the one we love is so hard when you are out of touch, my reality has been here in the pitiful rut. Seeking her touch Ill know when its here.

 O, my heart can feel her presence growing stronger through each beat, skipping a few just to draw her closer. Occupying my days with meaningless activities, looking forward to that day of festivities.

I was told you can taste it if you close your eyes but they have no idea what I seek for my prize. This lady is tall and erect reaching far above the clouds, with her by your side you will always feel aroused.

Treasure each step to the top, whatever you do, don’t you stop. Her sweet release of joy exclaims across many lands, some have held theirs in their hand only to have it fall through like quick sand. As the marching bands approaches, rockets bursting in air, I can see the light, my Statue of Liberty is Near!

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Section 240.35 Loitering With The Intent To Change

A person(s) is guilty of loitering when:

1) He/She knows that something is wrong (i.e., defect of character) with him/herself and takes no concrete action to seek means to resolve or remedy the wrong.

2) He/She advocates change but lacks the action to make practical revisions in his/her life.

Loitering is a A-1 felony offense.

Sentence: Lifetime imprisonment

(L.1965, c. 1030: L. 1967, c. 791, Section 42; L. 1998, c. 668 Section 1)

See codification note below.

Written By: Troy White #05B3673

DON’T QUIT!!! By Marilyn Wilson

When things go wrong as they sometime will,

When the road your trudging seems all up hill,

When funds are low and debts are high,

And you want to smile, but you have to sigh,

When care is pressing you down a bit,

Rest if you must but DONT YOU QUIT!!

Success is failure turned inside out,

The silver in in the clouds of doubt,

And you can never tell how close you are,

It may be near when it seems so far.

So stick to the fight when you are hardest hit,

Its when things seem worst you mustn’t quit!!