New York (State). Division of Parole

CURRENT FUNCTIONS. Parole is the process of releasing an inmate into the community prior to the expiration of the inmate's maximum sentence of confinement in a State correctional institution. In administering the State's parole system, the Division of Parole performs a number of functions. These include maintaining information on each inmate under the jurisdiction of the Department of Correctional Services; maintaining records on every person on parole; supervising inmates released on parole; conducting investigations in connection with alleged parole violations; and assisting inmates eligible for parole or who are on parole to secure employment, education, or vocational training. The division also performs similar functions in administering the State's conditional release program.

The Board of Parole is an administrative body within the Division of Parole. The board determines which inmates in a State correctional facility may be released on parole, when the release takes place, and under what conditions the parole is granted. The board also determines the conditions of release of inmates granted a conditional release. The board may revoke the parole or conditional release of any person under the division's supervision and may issue a warrant for the retaking of the person.

ORGANIZATIONAL HISTORY. The Division of Parole traces its origins to an 1877 law (Chapter 424) empowering the superintendent of state prisons to appoint an agent at each State prison to assist inmates whose terms were about to expire to find suitable homes and employment. An 1889 law (Chapter 382) established a Board of Commissioners for Paroled Prisoners at each prison, composed of the agent, warden, chaplain, physician, principal keeper, and the superintendent of state prisons. Inmates who had served their minimum sentences could apply to these boards for parole. In 1901 (Chapter 260) these separate parole boards were discontinued and the State Commissioner of Prisons (created in 1894) was designated to serve in a dual capacity as Board of Commissioners for Paroled Prisoners. In 1908 (Chapter 239), the duties of this board were transferred to the newly created Board of Parole for State Prisons, consisting of the superintendent of prisons and two gubernatorial appointees.

Following the reorganization of State government in 1925 and 1926, the Board of Parole for State Prisons was continued and made head of a new Division of Parole within the Department of Correction. The commissioner of correction replaced the superintendent of state prisons on the board. A 1930 law (Chapter 824) transferred the Division of Parole to the Executive Department, where its powers and duties remained the same. The Board of Parole for State Prisons was continued with three gubernatorial appointees as members.

When the Department of Correction was reorganized as the Deparment of Correctional Services in 1970 (Chapter 475), the Division of Parole became an administrative unit of the new department. The restructured division included a State Board of Parole, which was assigned the power to decide cases and conditions of parole and to revoke parole. The Division of Parole was again separated from the Department of Correctional Services in 1977 (Chapter 904) and established as an independent Executive Department agency. The State Board of Parole was continued with the same membership.

The Division of Parole traces its origins to an 1877 law (Chapter 424) empowering the superintendent of state prisons to appoint an agent at each State prison to assist inmates whose terms were about to expire to find suitable homes and employment. An 1889 law (Chapter 382) established a Board of Commissioners for Paroled Prisoners at each prison, composed of the agent, warden, chaplain, physician, principal keeper, and the superintendent of state prisons. Inmates who had served their minimum sentences could apply to these boards for parole. In 1901 (Chapter 260) these separate parole boards were discontinued and the State Commissioner of Prisons (created in 1894) was designated to serve in a dual capacity as Board of Commissioners for Paroled Prisoners. In 1908 (Chapter 239), the duties of this board were transferred to the newly created Board of Parole for State Prisons, consisting of the superintendent of prisons and two gubernatorial appointees.

Following the reorganization of State government in 1925 and 1926, the Board of Parole for State Prisons was continued and made head of a new Division of Parole within the Department of Correction. The commissioner of correction replaced the superintendent of state prisons on the board. A 1930 law (Chapter 824) transferred the Division of Parole to the Executive Department, where its powers and duties remained the same. The Board of Parole for State Prisons was continued with three gubernatorial appointees as members.

When the Department of Correction was reorganized as the Deparment of Correctional Services in 1970 (Chapter 475), the Division of Parole became an administrative unit of the new department. The restructured division included a State Board of Parole, which was assigned the power to decide cases and conditions of parole and to revoke parole. The Division of Parole was again separated from the Department of Correctional Services in 1977 (Chapter 904) and established as an independent Executive Department agency. The State Board of Parole was continued with the same membership.

Legislation enacted in 2001 (Chapter 62) requires the State Board of Parole to provide written notification to inmates, prior to their release on parole, of any legal requirement that these inmates report their financial assets to the New York State Crime Victims Board. The same act requires that the Division of Parole provide written notification to persons serving a term of parole of other type release. The New York State Crime Victims Board provides financial assistance to eligible victims of crime.