what happens to a drug felony defendant on conditional release

Types Of Criminal Charges In New York State

A Violation is an criminal offence other than a traffic infraction for which a judgement to a term of imprisonment of upward to fifteen days may be imposed (New York Land Penal Law, Commodity 10). It is the least serious blazon of proscribed activity and encompasses such offenses as harassment, trespass, and disorderly conduct. A person arrested for committing a violation may be taken into custody just will usually exist issued an advent ticket indicating the time and place that he must appear in court. A violation is non a crime.

A Misdemeanor is an law-breaking other than traffic infraction of which a sentence in excess of 15 days but not greater than one year may be imposed (New York State Penal Law, Article 10). A misdemeanor is a criminal offence. Petit larceny, criminal mischief in the fourth degree and assault in the third degree all fall into this category. Misdemeanors are grouped into 1 of three classes: Class A, Class B, or Unclassified. Upon conviction of a Grade "A" misdemeanor, a court may sentence an individual to a maximum of one year in jail or three years probation. In addition, a fine of up to $1,000 or twice the corporeality of the individual'southward proceeds from the crime may be imposed. Offenders found guilty of Grade "B" misdemeanors face maximum penalties of upward to three months imprisonment or one twelvemonth probation. In add-on, a fine of up to 5 hundred dollars or double the amount of the accused's gain from the commission of the crime may be imposed. An unclassified misdemeanor is any crime not defined in the Penal law (other than a traffic violation) for which a sentence of imprisonment of greater than 15 days but not in excess of one year may be imposed.

A Felony is an criminal offense for which a sentence to a term of imprisonment in excess of one year may be imposed (New York State Penal Law, Commodity x). A felony is a criminal offense. In that location are v categories and two subcategories of felonies (A-I, A-II, B, C, D, and Due east) ranging from the most to to the lowest degree serious in terms of severity of offense and the degree of potential punishment incurred. The penalty tin can vary from a term of probation to life imprisonment. In improver, the Penal Law authorizes the imposition of a fine not exceeding the higher of $5,000 or double the amount of the defendant's gain from commission of the law-breaking.

In the Penal Law'southward description of each crime, the "degrees" of an offense decide the seriousness of the law-breaking. For case, break-in in the third degree is a Course D felony and burglary in the second caste, the more serious offense, is a Course C felony.

Law Enforcement Agencies

The law enforcement function is organized at three levels: local, state and federal.

Local Law Enforcement: Local constabulary agencies are organized at the municipal level (city, town and village) and county level (sheriff'due south patrol and, in a few instances, county police agencies). At that place are approximately 500 local constabulary agencies in New York State. As a general rule, law agencies are responsible for the enforcement of New York State'due south Penal law, Traffic law and local ordinances within the geographic boundaries served past a item law agency. (See page 1–10 for a description of local detention facilities (lockups) that may be operated under police jurisdiction.)

Land Police Enforcement: The New York State Police force is the main statewide police organisation having responsibleness for the enforcement of the State'southward penal and traffic laws. In those cases where the commission of crimes crosses jurisdictional boundaries, country and local police agencies may join their resources in the investigation of criminal matters.

Federal Law Enforcement: The enforcement of federal laws is a responsibility that is shared by a number of federal agencies; however, the enforcement of those laws that are commonly referred to as crimes (e.grand., banking concern robbery, interstate transportation of stolen property) is the responsibility of the Federal Bureau of Investigation.

Courtroom Jurisdiction

Local Criminal Courts: In full general, the term local criminal courtroom means a commune court, the New York Metropolis criminal court, a metropolis court a boondocks court or a village court. Some local criminal courts are also referred to as only "justice courts." Local criminal courts have trial jurisdiction of all offenses other than felonies. If a person has been arrested on a felony accuse, the case will ultimately be transferred to a superior court unless the charge is reduced to a misdemeanor or a violation.

Superior Courts: This term refers to supreme and canton courts. Supreme courts handle more often than not civil disputes, and a express number of felony cases. Superior courts have exclusive trial jurisdiction of felonies, and may also attempt misdemeanor cases. If a accused charged in an indictment with a felony or misdemeanor is too charged with a violation, that accuse likewise may be tried in a superior court.

Federal Courts: These courts have jurisdiction over all cases involving conduct that congress either regulates (e.thou., interstate commerce) or forbids (eastward.thousand., espionage).

Prosecution And Defence Functions

Prosecution: The prosecution function is organized at three levels: county, state and federal. At the county level, the office of district attorney, an elected office, prosecutes all declared violations of the penal law that take place within a county and consequently this office is responsible for prosecuting the vast majority of all criminal offenses. The Office of Land Attorney Full general, also an elected mail, represents the Land's interests in such various areas as consumer fraud, ecology protection and organized crime. When the Attorney Full general successfully prosecutes in these and other areas, criminal sanctions are oftentimes imposed on the convicted offenders.

At the federal level, the U.S. Chaser Full general is appointed past the President and is responsible for prosecuting all declared federal crimes. This chore is carried out through the offices of United States Attorneys, located in each federal district throughout the nation.

Defense: By law, each county in the Country of New York must take a plan to provide counsel to persons who are financially unable to retain counsel. The plan may provide for representation by a public defender, by a private legal adjutant gild or bureau, past a panel consisting of private counsel (Department 18B of the County Law of NYS) or past a combination of any of the foregoing. Counsel must exist provided to anyone charged with an offense, other than a traffic infraction, for which a sentence to a term of imprisonment is authorized upon conviction.

Competency To Go along And The "Insanity Defense"

Once a person has been arraigned, questions may arise regarding the defendant'south mental status. Such questions arise in one of two principal contexts: the defendant'due south competency to proceed and the accused's mental status at the time of the offense.

Competency refers to the person'south current mental state. The issue of competency tin can be raised at any time prior to the signal that the defendant is sentenced.

With regard to competency, a accused may be declared an "incapacitated person" and unfit to proceed on the grounds that the individual "as a result of mental disease or defect lacks capacity to sympathize the proceedings against him or to assist in his own defense" (Criminal Process Law, Department 730.ten ). Being incapacitated is a condition that must be present at the time of the legal proceeding. These persons can be transferred to a psychiatric hospital for handling and may be returned to stand trial once their competence has been restored.

In sharp dissimilarity to competency, the insanity defense focuses on the defendant's mental state at the time of the offense, a prior outcome. Information technology is an affirmative defense, meaning that the defendant has the brunt of establishing the defense force by a preponderance of show. According to Department 40.15 of the New York Country Penal Law, a person is not criminally responsible for carry if "at the time of such acquit, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either:

• the nature and result of such conduct; or
• that such conduct was wrong."

An individual must be competent to stand up trial before prove of insanity can exist presented to the court.

The Criminal Justice Procedure From Abort Through Sentencing (See diagram on page 1-14, The New York State Criminal Justice Organization.)

Arrest: The criminal justice process begins when a person is arrested. A police officer may auscultate and take into custody a person who commits a violation, misdemeanor of felony in the police force officer'southward presence. New York law as well allows a police officer to make an arrest for a felony not committed in his or her sight and without a warrant whenever the officer has "reasonable grounds" to believe that a felony has been committed and that the defendant is the person who has committed the crime. More often than not the police are required to obtain an arrest warrant before absorbing an private in his or her habitation.

Booking: Booking is the administrative record of an arrest. It is a three-stride procedure which involves:

1. fingerprinting the accused;
2. submitting the defendant's fingerprints to New York State's computerized criminal record index; and
3. obtaining a re-create of the defendant prior criminal record, if such a record exists.

One time an arrest has been made, the defendant is brought past the arresting officeholder to a booking facility. Outside New York Urban center, the booking facility may be a local police station in the example of cities, a town or hamlet police station, a state constabulary billet, or a county sheriff's office, depending upon where the arrest occurred and which police enforcement agency made the abort. In New York City, all prisoners are booked at a facility known as Central Booking.

In New York Metropolis, nearly all arrested persons are interviewed at Central Booking by a staff member of the Criminal Justice Agency (CJA). The interviewers from CJA obtain information on the accused's occupation, residence, and family unit condition and, whenever possible, verify such information through third party contacts: relatives, neighbors or employers. This information is made available to the guess, the prosecutor, and the defense force attorney at the defendant'due south arraignment in criminal courtroom. (Encounter section on Arraignment for a fuller discussion of the use of CJA reports at arraignment). Agencies like CJA are located in other areas of the State, e.g., Buffalo and Rochester.

Options at Booking: On a charge of misdemeanor or violation, a local police department, pursuant to guidelines, has the authority to release an accused either before or immediately after booking. The accused may be required to post pre-arraignment bail (also known equally station house bail) to secure later courtroom advent. Such an accused is given an Appearance Ticket (also known in New York Urban center equally a Desk Advent Ticket or DAT). Unless released on an Appearance Ticket, the accused is brought to a local criminal courtroom by the absorbing officer at the completion of the booking process. As a safeguard confronting illegal detention in jail, the law requires that the arrested person be promptly arraigned before a judge. If the arrest is made on a weekend, the person may have to be detained at a police lockup for as long every bit 48 hours before a gauge becomes bachelor.

Complaint: The criminal complaint serves as the basis for the commencement of criminal proceedings and is prepared by the arresting officer or by the complainant (i.e., victim of the alleged crime) and filed with a local criminal court which accuses one or more than persons with the commission of an criminal offense.

In New York City, the arresting officer escorts the accused to the court edifice afterward the booking process is completed. There, the officer and/or the lament witness (victim) speak to an Assistant District Attorney from the District Chaser'due south office. (Note: in some counties of New York City, the District Attorney interviews the arresting police force officers and complaining witnesses at the Central Booking facility.) The Assistant District Attorney decides whether it is appropriate to send the instance to court. If so, a formal complaint against the defendant is filed in a local criminal court by the District Attorney'southward office on behalf of the People of the Land of New York. This written document must be candy along with the defendant'southward criminal history (called a NYSID report or "rap sheet") before the defendant can be arraigned.

Exterior New York City, the District Attorney is not an integral part of this process and the arresting officeholder and/or complaining witness (victim) may gear up and file the complaint directly with the local criminal courtroom. The District Attorney receives a copy of the formal complaint, usually at arraignment.

Arraignment: The accused is brought before a guess in the local criminal courtroom for arraignment. Counsel is appointed to stand for the accused at arraignment unless the defendant can afford a lawyer and the lawyer is nowadays.

Commonly, the arraignment marks the first time in the criminal justice process in which the defendant appears before a judge. At the arraignment proceeding the accused is:

• informed of and given a re-create of the formal charges against him or her;
• informed of his or her correct to counsel and, if necessary, assigned counsel for the purpose of arraignment;
• informed of the right to a preliminary hearing, if charged with a felony; and
• asked to enter a plea of guilty or not guilty, if charged with a misdemeanor or violation.

Although all of the above-listed events have identify at the arraignment, you may notice it difficult to follow the proceedings if you are sitting in the arraignment role of your local criminal court. In that location are several reasons why this occurs. Virtually defendants cull to waive a formal public reading of the charges against them. Often, if the courtroom is crowded and there is no microphone in use, the noise level makes it difficult to hear what is happening. Also, the large number of defendants being arraigned in a busy urban area often means that each instance receives no more than 2 or iii minutes of attending.

Options at Arraignment: If the case is not resolved by the accused pleading guilty to the crime as charged or to a lower charge, (Come across chapter on Plea Bargaining), or by the charges being dismissed, the estimate must decide whether the defendant volition be released on his or her own recognizance (ROR) pending the adjacent court date, or whether bail volition exist required. (Note: The judge may also decide in some cases to remand the defendant, i.due east., require the defendant to be held in custody without bail.) Bond is an amount of coin or other form of security which is sometimes required past the judge as a guarantee of the defendant's reappearance in courtroom on a designated date. The amount and form of bail set by the judge depends on the circumstances of the case. Bail may be posted in cash or through the services of a bail bondsman who charges a fee (established by statute) and who, in virtually cases, requires collateral. Once bail has been posted, the accused is released from custody.

In New York City and other localities which have pre-trial release programs, the estimate has the do good of information obtained (oft verified) by such agencies most the defendant'southward reliability. These reports include data regarding the defendant's community ties, length of residence in the county, employment and educational history.

Plea Bargaining: If you are observing arraignments in your local criminal courtroom, you may come across the defense lawyer and the prosecutor conferring with the judge either at the judge'southward bench or in the judge'south chambers. Oft the defense and/or the prosecutor are exploring the possibility of resolving the case by having the defendant plead guilty to a less serious charge. This process, known every bit plea-bargaining, has become the dominion rather than the exception in many of the courts of New York State. Plea bargaining generally entails:

• negotiation about the reduced charge to which the defendant would plead guilty; and/or
• in misdemeanor cases, sentence bargaining (i.e. negotiating for a less severe sentence in a local court; and/or
• in felony cases, negotiation about whether the District Attorney will make a specific sentence recommendation to the approximate.

There are many reasons why plea-bargaining may exist appropriate, from either the prosecution or the defence perspective. For example, plea-bargaining may past warranted as a means of shielding the victim of a law-breaking from the trauma of public testimony or equally an appropriate disposition for a first offender. The following statistics help to shed light on another reason why plea-bargaining occurs. In 1998, there were 62,944 felony indictments and Supreme Court informations in New York State, but only 3,354 trials (5%). In order to effort all those indicted, the courtroom system would require massive increases in funding to pay for more court facilities, judges, prosecutors, clerks, court officers, courtroom reporters and jurors.

Before accepting a plea of guilty, the judge must determine that the accused is voluntarily pleading guilty and knowingly giving up the correct to a trial. The defendant should admit his or her guilt, and promises fabricated to the defendant should appear on the tape. If the plea is to a misdemeanor, judgement may either be imposed immediately or there may be an adjournment for a pre-sentence investigation written report by the Probation Department. On a plea of guilty to a felony, at that place must be an adjournment for such a report prior to judgement.

Every bit a general rule, a plea of guilty to a felony can be taken only in a superior court (Meet page i–6), although at that place is a procedure involving the waiving of indictment and pleading guilty to a superior court data which tin accept place in a local criminal court. Guilty pleas to misdemeanors may be taken either in a superior court or a local criminal courtroom.

In deciding whether to found bail and the amount, the judge is required by the law to consider the factors such as the defendant'due south community ties, length of residence in the county, employment and educational history, past criminal record, record of by compliance with an order of the courtroom, force of the evidence against the defendant in the electric current instance, and the judgement which could exist imposed if the defendant is bedevilled.

Preliminary Hearing: The purpose of a preliminary hearing is to decide whether there is reasonable cause to believe that a felony was committed and that it was committed past the defendant. If such reasonable cause is found, the accused may be confined in custody awaiting grand jury action.

In New York City, the usual practice is for prosecutors to proceed directly to the chiliad jury, avoiding the need for a preliminary hearing. Such hearings are more mutual exterior the Urban center of New York.

In New York State, a accused held on bail or remanded on a felony accuse must be released from custody within a specified time unless either afforded a preliminary hearing or a statement is filed by the prosecutor indicating that the grand jury has voted an indictment. The specified time in question is 120 hours from arraignment or 144 hours if at that place is an intervening Saturday, Sunday or a legal holiday. The right to a preliminary hearing may be waived.

A failure of the prosecutor to comply with these fourth dimension limitations in the absenteeism of skillful cause for such failure will result in the defendant'south release from custody. These fourth dimension limitations are contained in Section 180.80 of the Criminal Procedure Police force. Hence, at the arraignment, reference will frequently be fabricated to the "one fourscore-80 twenty-four hour period." That is, of course, a reference to the day past which the prosecutor must either have obtained an indictment or be fix to go on with a preliminary hearing.

Holding a Accused on a Misdemeanor Charge: The accusatory instrument charging a defendant in a local criminal court may exist either a complaint or an information. Both are, in issue, affidavits. The departure is that an information is sworn to past a person who has starting time-hand cognition of the facts, while a complaint, in whole or in function, is based upon facts learned from another.

In New York Land, if a person is held in custody on a misdemeanor complaint, the prosecutor has five days from the arraignment (not including Sun) to catechumen the complaint to an information (by obtaining affidavits from those with first-manus knowledge). If this time limitation is non met, the defendant must exist released from custody. As this time limitation is contained in Section 170.70 of the Criminal Procedure constabulary, such day of release will frequently be referred to equally a defendant'due south "one seventy seventy solar day."

Motions and Discovery Proceedings: A motion is a request by either the defence or the prosecutor to have the court take some activity in a particular defendant'south case. Some motions are procedural, such as a motion to adjourn the case or to filibuster sentencing. With few exceptions, the defence force has 45 days to make its substantive motions. New York practice calls for an "omnibus" written motion, which volition include requests to discover information well-nigh the People's case and, mayhap, to suppress certain evidence. When bear witness is illegally obtained, for example, such show is not admissible at trial. The defense lawyer volition seek to exclude prove, and a hearing to decide the motion may be held before trial.

Examples of motions y'all may hear in court include:

• A motion to suppress physical evidence on the grounds that it was seized during an illegal search past the constabulary (a Mapp or Dunaway hearing);
• A motion to suppress a argument made by the defendant on the grounds that it was illegally obtained (a Huntley hearing). The lawyer may argue that the defendant acted involuntarily due to pressure, tricks, threats, or concrete abuse, or that the defendant was not properly advised of his or her correct to remain silent and the right to counsel (called Miranda warnings) or that the statement was the production of an illegal arrest; and
• A move to suppress proof of an identification of the defendant on the grounds that the lineup or showup was held in an illegal or suggestive manner or where it is alleged that the identification was a production of an illegal arrest (a Wade hearing).

K Jury: The grand jury is a panel of 23 persons (a quorum consists of sixteen persons) chosen on a canton-wide basis. The grand jury serves ii functions, one judicial and the other investigative. In its judicial chapters, the grand jury hears evidence presented by the District Attorney and determines whether sufficient evidence exists to accuse a particular defendant with a particular felony.

Thousand jury proceedings are airtight to the public and the secrecy of such proceedings is strictly maintained. Ordinarily while the one thousand jury is in session, the only people present are the Assistant Commune Attorney, the jurors themselves, courtroom personnel and witnesses who may exist called to give evidence. Any person who appears as a witness and has signed a waiver of immunity has a right to an attorney. Although the attorney may act as an counselor to his or her client, the attorney may not otherwise accept part in the proceedings.

Later on hearing show, the grand jury may issue (return) a "true bill" if at to the lowest degree twelve jurors decide the case is stiff enough to indict the defendant. The foreman of the grand jury then files the indictment with the superior court.

If the grand jury decides that there is non sufficient evidence to justify a felony charge, but there is enough to believe a misdemeanor was committed, it tin straight the District Attorney to file a prosecutor's information with the local criminal courtroom.

If the Grand jury decides that bereft evidence to justify any charge was presented, information technology tin can vote a "no nib" and dismiss the charge.

In its other capacity, the thou jury has investigative powers which let it to investigate alleged misconduct or neglect of part past a public servant. Subsequently hearing show, the grand jury may file a report with the court which impaneled it with a finding as to whether such misconduct or fail has occurred. If accepted by the court, the 1000 jury's report may serve equally the basis for removal or disciplinary activeness against the named official.

Superior Court: The commencement procedural step following indictment by the grand jury or the defendant'due south consent to the filing of a superior court information, is arraignment in the court that tries felonies.

Superior courts now operate on the Individual Assignment Organisation (IAS). In this arrangement, one gauge handles a particular example from inception to conclusion, with assignment of the case to a detail approximate accomplished in a neutral mode. Depending upon the county, such assignment may precede or follow arraignment on the indictment in the Superior Court.

Following consignment, the parties and judge may enter into plea bargaining. If such bargaining fails to effect in an agreement, motions volition be made and decided and a trial date volition exist fixed.

Trials: A trial is the process by which it is adamant whether the charges made against the accused are established by proof of guilt beyond a reasonable doubt. A accused has a waivable correct to jury trial in all felony cases and in those misdemeanor cases in which a sentence of more than six months may exist imposed. A trial earlier a judge without a jury is known as a demote trial.

A jury in a misdemeanor case consists of vi persons with i or two alternates. A jury in a felony case consists of twelve persons with upwards to four alternating jurors. The names of prospective jurors are chosen from lists of registered voters, licensed drivers and recipients of land income revenue enhancement forms (County Jury Commissioners may supplement these lists with names from other sources). In full general, the order of a jury trial is equally follows:

1. The jury is selected and sworn afterwards both the prosecutor and the defence lawyer have had an opportunity to question the prospective jurors regarding their qualifications to serve as jurors, a process which is called "voir dire." Each side is allowed to challenge the qualifications of a prospective jury member.
2. The judge delivers preliminary instructions to the jury.
3. The prosecutor delivers an opening statement to the jury.
4. The defendant'due south lawyer may deliver an opening argument to the jury.
5. The prosecutor offers bear witness in support of the charges against the accused.
6. The accused's lawyer may offer evidence in defense.
7. The prosecutor may offer evidence in  rebuttal to the defence evidence, and the defense force may offer evidence in rebuttal to the prosecutor's rebuttal evidence.
8. At the conclusion of the prove, the defense may deliver a summation to the jury.
9. The prosecutor may and then evangelize a summation to the jury.
10. The judge delivers a accuse (legal instructions) to the jury.
11. The jury retires to consider the evidence and, if possible, render a verdict. In criminal cases, the jury must exist unanimous in order to reach a verdict of guilty to a charge.

Sentencing: The defendant'south final appearance in the trial court will be for the purpose of sentencing. All felony convictions require a presentencing written report prepared by the Department of Probation. The judge may, nevertheless, order a presentence investigation and written report at whatsoever time during the trial procedure for misdemeanors also equally felonies. The reports provide the judge with information on the accused'due south background, possible mitigating circumstances involved in the criminal offence, the likelihood of successful probation and suggested programs of rehabilitation. The judge is under no legal obligation to follow the Probation Section's recommendation.

The Penal Constabulary of the State of New York allows ten possible dispositions for a convicted defendant:

1. An Unconditional Discharge
2. A Provisional Discharge
3. A Fine
4. A Conditional Discharge plus a Fine
5. Probation
6. A Fine plus Probation
7. Imprisonment
8. Imprisonment plus a Fine
9. Imprisonment (six months or less for a felony; 60 days or less for a misdemeanor), plus Probation
10. Imprisonment (for 60 days or less) plus Conditional Belch.

The police now provides that the court may straight restitution to the victim in addition to whatever other sentence imposed upon the accused.

Under New York constabulary, there are provisions for increased penalties for persons convicted of a second or tertiary felony criminal offence. A person bedevilled of a felony after a previous felony conviction within the preceding ten years (excluding times of incarceration) is known every bit a predicate felon or a predicate violation felon (if both the current and prior felonies are designated as vehement felonies by the penal police). A predicate felon or a predicate violent felon must be sentenced to state prison with a sentence of which the minimum must exist i-half of the maximum. A not-predicate felon sentenced to state prison will usually receive a judgement of which the minimum is ane-third of the maximum. The minimum sentence for a predicate violent felon is greater than the minimum for a predicate felon which is in plough, greater than the minimum for a not-predicate felon.

Persons with two or more prior felony convictions may be sentenced every bit persistent felony offenders (discretionary) or persistent fierce felony offenders (mandatory). Such sentences carry maximums of life imprisonment equally well every bit substantial minimum sentences.

Probation is judicial disposition in which the bedevilled offender's liberty in the community is connected subject to the supervision of a probation officer and to conditions imposed by the courtroom (e.k., maintain employment, brand restitution, or stay away from certain people or places). If a probationer fails to accolade the mandated provisions, the probation officer tin can file a violation of probation and recommend that probation be revoked. The probationer will then be ordered to announced in court for a hearing to decide whether he violated a condition of his probation. If information technology is determined that he has, the courtroom may impose a judgement of incarceration.

New York State law requires county governments and the Metropolis of New York to operate probation departments and to provide various land-mandated services that are related to the sentencing function. Standards promulgated by the state require specific teaching and grooming for probation officers and regulate the conduct of pre-sentence investigations, the content of presentence reports, and the manner in which probation supervision is provided.

In most New York State counties, intensive supervision probation is as well available for felony convicted offenders. The reduced probation caseloads and greater frequency of contact distinguishes this class of probation from regular probation. In selected cases, intensive supervision probation may be appropriate for persons with mental illness who may otherwise face incarcerative sentences.

Parole: Parole is a state operated procedure directed by the Parole Board by which felony offenders in land prisons return to the community under the supervision of a parole officer. Felony offenders may render to the community in the following ways:

• Inmates convicted of not-trigger-happy felonies may be considered for an early release to the community to serve the remaining portion of their judgement after serving 1-third of their sentence. Inmates brand an initial appearance before the Board of Parole two months before their eligibility date. The Board has the power and duty to determine which inmates are released and to plant the time of release and the atmospheric condition of postal service/release supervision. Inmates denied release volition reappear before the Board for consideration at a after appointment.
• Inmates denied release by the Board may earn time allowances (proficient time) of up to one-third of the maximum term of imprisonment for skillful institutional beliefs. When the adept time earned is equal to the unserved portion of the maximum term, the inmate may be released on conditional release. Proficient time allowances practice not affect the minimum term of imprisonment only does provide for possible release after serving two-thirds of the sentence.
• Inmates who have been denied release from the Board and have not earned good time, will be released from country prison later on serving the maximum term.

Inmates who are granted release by the Parole Board or conditionally released must serve the remainder of their judgement under the supervision of a parole officer. Parole Officers are unique in that they are both peace officers and caseworkers who provide supervision and support services to parolees. Parole Officers are the bridge between the newly released individual and the customs. They coordinate the delivery of available services, assistance to motivate and guide parolees and report on their progress. Parole Officers tin revoke parole for violations of conditions or release and return the parolee to custody (usually in county jail) pending preliminary and final hearings before a Parole Board. Enquiry indicates that in New York Country the possibility of beingness granted parole was reduced if an inmate had an episode of inpatient psychiatric intendance while incarcerated. (Townsend, 1989).

Jenna'south Constabulary: Eliminates discretionary parole for start time violent felony offenders and requires inmates to serve a period of post release supervision following release from a determinant sentence. (Penal Law §threescore.12, 70.00, seventy.08, 70.45 and CPL §380.fifty, effective with respect to crimes committed on or after 9/1/98.)

At that place are four meaning features of the law:

1. Restructuring of sentences for persons bedevilled of vehement felony for the first time: Indeterminate sentences are eliminated; parole in current form is abolished; judges are forced to impose a fixed term of years as sentence; individuals are required to serve 6/7 of their term.
2. Sentencing of domestic violence victims: Court is permitted to exist more than lenient with domestic violence victims who are convicted of attacking their abusers; court can impose indeterminate sentence in many cases.
3. Mail release supervision: After serving determinate sentence, inmate must serve a period of "postal service release supervision"; post release supervision must be completed earlier determinate sentence can be fulfilled; defendants convicted of a violent felony who have been convicted of a past violent felony are subject field to a v year period of postal service-release supervision.
4. Notification of criminal offence victims: In cases of fierce felony or felony nether Article 125 of Penal Constabulary, victim tin can demand that he or she exist notified of the escape, absconding, discharge, parole, conditional release or release to post-release supervision of offender. (Source: Gould's "Criminal Police force and Procedure Reporter," Vol 9, No. 1, Fall, 1998).

Youthful Offender: A judge may discover that it is in the involvement of justice for a youth between the ages of fourteen and nineteen to receive what is known as Youthful Offender treatment. To exist eligible, defendants must not:

• Be pleading guilty to or be bedevilled of a law-breaking punishable by death or life imprisonment;
• Be pleading guilty to or be convicted of a violent felony where they were armed with a deadly weapon or display what appeared to be a gun;
• Have previously been convicted of a felony;
• Have previously received a Youthful Offender felony adjudication; or
• Take a previous juvenile delinquency finding against them based on a Family Courtroom Act "designated felony."

The benefits of Youthful Offender condition are:

• A record as a Youthful Offender rather than as a person convicted of the actual crime;
• The defendant may be sent to a special country institution rather than prison house;
• Adjudication as a Youthful Offender does non count as a predicate felony conviction for the predicate felony laws;
• The maximum sentence which can exist imposed is reduced.

If the confidence is for a misdemeanor and the defendant, who is between the ages of 14 and nineteen, has no previous convictions or has not been previously plant to be a Youthful Offender, the court must find the defendant to be a Youthful Offender.

Juvenile Offender: In response to public business organisation about a perceived increase in crimes committed by youths, the New York Land Legislature provided, as part of the violent felony offender legislation passed in 1978, that youths between the ages of 13 and 15 could be held criminally responsible for certain serious crimes. Under this legislation, "Juvenile Offenders" are prosecuted in the criminal courts. Juvenile Offenders are divers as:

• xiii, 14 and 15 year olds who commit acts constituting murder in the 2nd degree; or
• 14 and 15 year olds who commit acts constituting kidnapping in the first degree, arson in the outset or 2d degree, assault in the first caste, manslaughter in the first degree, rape in the first degree, sodomy in the first degree, aggravated sexual corruption, burglary in the showtime or 2nd degree, robbery in the first or 2d caste, or endeavor to commit murder in the second degree or kidnapping in the first degree.

The law provides that nether sure circumstances juvenile offender cases can be transferred to the Family Court instead for processing as juvenile delinquency cases. The District Attorney recommending removal of the activity to the Family unit Court after indictment must submit a written memorandum setting along the reasons and the guess must accept these reasons. In practise, since the law was passed in 1978, 69% of all juvenile offender cases commenced in New York City were either removed to Family Courtroom, dismissed, or not prosecuted by the District Attorney's function. New York City has had virtually 87% of the juvenile offender arrests in New York State.

Alternatives To Incarceration Program

In New York State, at that place are a broad range of existing alternatives to incarceration programs providing supervision and a range of services. These programs exist at dissimilar points in the criminal justice process and vary from community to community. Notwithstanding, Alternatives to Incarceration Programs are frequently operated past private, not-for-profit agencies or are located within an existing criminal justice agency (e.g., probation departments that operate pretrial release programs, sheriff's departments that operate community service sentencing programs).

Described below are the major categories of alternatives to incarceration programs available in New York State. While several jurisdictions possess all of the models described, fifty-fifty the sparsely populated counties of New York State often possess ane or more programme models.

Pretrial Release Services: Pretrial release programs provide the courts with a viable culling to money bail past identifying those defendants who are likely to appear in court as required. These programs gather and evaluate information about each defendant (e.g., a defendant's community ties) and provide this information to the courts, thereby enabling the courts to release defendants who would otherwise exist detained. Through the assistance provided to the courts past these programs, defendants may be released on recognizance (ROR) or released with court ordered conditions. This latter form of release holds hope for defendants with a history of mental disease or other individuals with treatment needs. Commonly regular visits to a therapist or mental wellness dispensary is made a condition of pretrial release; this requirement volition go on until case disposition.

Defender-Based Advocacy Programs: Defender based advocacy programs work closely with defense attorneys in intervening on behalf of criminal defendants. By evaluating defendant's personal circumstances (eastward.g., need for treatment), preparing reports and memoranda and, in some cases, arranging for a defendant'south participation in handling programs, defender-based advancement programs facilitate pretrial release, plea bargaining and not-incarcerative dispositions, and ready alternative sentencing proposals. These programs may be known by other titles such as Public Defender's Program, Client-Specific Planning, and may exist based in Public Defender's Offices or individual law offices.

Day Reporting Centers: These programs provide a structured, supervised and service enhanced approach to maintaining criminal justice clients in the community. Individual participation ranges from a brief, daily visit to daylong omnipresence and the level of service provided varies according to the needs of each customer. 24-hour interval reporting programs provide a regimen that falls between jail and intensive probation supervision. Although this intermediate sanction should not be dislocated with traditional day treatment programs this program model's chapters for the coordination of service delivery suits it to the forensic mental health client.

Community Service Sentencing: Community service sentencing programs provide an alternative form of punishment for offenders who would otherwise be sanctioned through the use of imprisonment or some other form of punishment. Offenders are placed in non-for-turn a profit or public agencies where they work for a specified number of court ordered hours or days. Careful selection of offenders, in combination with appropriate treatment and customs back up systems, make this intermediate sanction suitable for some offenders with mental illness.

Local Conditional Release Commission: As a result of a statute enacted in 1989, all New York State counties now possess a Local Condition Release Commission (LCRC) that has responsibleness for reviewing applications for local conditional release made by offenders sentenced to jail. To be eligible for local conditional release, an offender must be sentenced to ninety days or more and must serve at least 60 days of that sentence. In reviewing applications for local conditional release, the LCRC may consider proposals for treatment (e.chiliad., outpatient treatment, or participation in a customs-based mental health residence) in lieu of incarceration. Offenders who are released under the terms of this statute are subject to a mandatory 1 year term of probation and any treatment conditions are fabricated a special condition of that probation.

Other Culling Programs: Across New York State, a variety of other programs serve criminal justice clients who, in the absenteeism of these programs would otherwise likely be bars in jail or prison house. Some of these programs are formally established for this purpose and serve exclusively a clientele who are incarcerated bound. TASC (Treatment Culling to Street Crime) programs provide alternatives to incarceration, and may serve persons with mental illness. Other examples of such programs include domicile brake or house arrest programs (some of which apply electronic surveillance equipment to ensure compliance) and special offender treatment programs (east.g., sexual practice offender treatment, residential and transitional programs and programs for women and youthful offenders). Other programs serve a broad range of clientele, including those who are involved with the criminal justice system.

Law Lockups and Courtroom Pens

Police force Lockups are local detention facilities used to concord individuals 16 years of historic period or older who take been arrested but not yet arraigned. Detainees are usually brought to a lockup to exist booked and interrogated immediately following arrest, or these facilities may exist used to hold inmates from jail who are awaiting action by a courtroom later their initial arraignment. Lockups are usually administered by a local police principal who has been appointed by the mayor or other local governmental trunk. State police force mandates that all persons taken into custody be arraigned "forthwith." Consequently detainees are seldom held in a lockup for more than than a day, or if a judge is unavailable, a weekend.

While an individual is detained at a lockup, data regarding pending cases can be adult and decisions regarding disposition tin exist made. Due to security considerations and the brief length of fourth dimension that detainees stay at lockups, no programming or recreational opportunities of any kind are offered.

Most lockups exercise not have kitchen or health facilities. Detainees are usually served meals that are purchased from nearby restaurants and swallow meals in their cells. Exterior providers are relied on for health care services.

There are about 200 constabulary lockups in New York Land. Many have only three or 4 cells with larger metropolitan facilities having the capacity to concord 20 detainees or more. Smaller police jurisdictions may not maintain lockups at all.

Few departments designate a distinct group of officers for permanent assignment to the lockup. Rather, officers tend to rotate through this assignment or dispatchers have responsibleness for supervising the cells.

County and Municipal Jails

A jail is a locally administered detention/correctional institution that is used to confine individuals at least 16 years of age. Younger persons who are taken into custody must be held at divide facilities operated exclusively for juveniles past the New York Country Office of Kid and Family unit Services. Inmates are admitted straight from the local courts post-obit arraignment. Legislation enacted in 1990 (Affiliate 681 or the Laws of 1990) provides that when demote warrants or abort warrants have been executed and no appropriate court is available, a police force officer may bring the arrestee to a canton correctional facility. The arrestee can be detained until the commencement of the court session occurring on the next 24-hour interval.

Jails are used to detain people in a variety of legal situations:

• Persons who accept been arrested, arraigned and are awaiting trial in either criminal or family unit court. Those who fall into this category either do non have the resources needed to post bail fix by the judge, are unable to secure their release on personal recognizance, have not yet had bond ready, or accept had jail denied by the court.
• Persons who have been bedevilled but not even so sentenced.
• Persons who have been bedevilled and are serving a sentence of confinement of upward to one twelvemonth.
• Persons who take been bedevilled and sentenced to a term of solitude in excess of ane year and are pending transfer to a land prison ("state ready").
• Textile witnesses who are jailed to guarantee their appearance in court and/or their personal safety prior to testifying.
• Persons who are detained for parole violations.
• Persons who are in custody of a Federal law enforcement bureau and are beingness temporarily housed in a county jail.

The task of managing jails is a responsibleness of local government. In New York, near of these facilities are administered by county sheriff'due south, for whom the operation of the jail is merely one part of broader court related and police enforcement duties. Some jurisdictions, such equally New York Urban center and Westchester Canton, have established a separate Department of Correction to manage their jails.

Information technology is important to note that each jurisdiction may take more than one blazon of jail, the types being distinguished by the kind of inmate in custody. Some jails are used solely to detain people pending trial. Canton penitentiaries hold only inmates who are serving a court imposed sentence. Separate facilities for detainees and sentenced prisoners are seldom constitute exterior of large metropolitan areas because of cost considerations and the pocket-size number of inmates who crave confinement. Past far the most common type of jail is the combined detained-sentenced facility where all canton or metropolis inmates are taken.

All canton jails must have a jail physician, and many facilities also employ nurses and part-fourth dimension medical personnel. By far, the largest category of employees in any jail is that of the correctional officeholder. Officers supervise inmates, control entry to and exit from the facility, and perform other duties pertaining to overall institutional security and operations. They are organized past a chain of command (i.e., officer, sergeant, lieutenant, captain) and in the larger jails are sometimes placed under the command of a deputy or banana warden. The New York Land Commission of Correction Minimum Standards and Regulations for Management of County Jails and Penitentiaries mandate that officers complete a bones preparation program prior to beginning their duties or within ane year afterward their engagement. The Committee of Correction mandates a basic curriculum for new recruits. The curriculum is presented by certified instructors in regional academies.

NYS Department Of Correctional Services (NYSDOC)

The NYS Section of Correctional Services operates over lxx minimum, medium, and maximum security prisons equally well equally the Willard Drug Treatment Campus. The largest facilities adjust more than 2900 inmates. These facilities are used to confine individuals sixteen years and older. Prisons take more comprehensive programming, recreational opportunities and medical/mental health services than canton jails. In New York State mental health services for state incarcerated prisoners with mental illness are provided via the NYS Part of Mental Health. OMH operates a 205 bed secure JCAHO-accredited psychiatric hospital, Central New York Psychiatric Eye (CNYPC) at Marcy, NY, which admits sentenced persons diagnosed with mental disease from DOCS facilities and local correctional facilities. OMH too operates emergency and outpatient on-site programs in the State prison facilities. These programs include 23 outpatient clinics with twelve full Satellite Units providing a total of 154 crisis beds and 534 Intermediate Care Programme (ICP) beds. The ICPs are similar to customs residences and provide on-site psychiatric rehabilitation services in prison housing units separated from the general population. These ICP programs serve inmates whose functional disabilities prevent them from living in prison full general population housing areas.

County jails should not be dislocated with land correctional facilities (prisons), which are run by the New York State Department of Correctional Services. Prisons house simply convicted felons who take been sentenced to terms ranging from one twelvemonth to life. Inmates sentenced to prison tend to be more vehement and have longer criminal records than those held in county jails.

New York State Commission Of Correction (NYSCOC)

Article 17, Department 5 of the New York Land Constitution provides for the institution of a Land Commission of Correction to visit and audit all institutions used to detain sane adults charged with or convicted of a crime or civil criminal offence. Its jurisdiction encompasses all county jails, county penitentiaries, canton lockups, metropolis jails, police lockups, court detention pens, hospital prison house wards, secure facilities of the Office of Children and Family Services and all institutions that comprise the state correctional system. Three Commissioners are appointed past the Governor with the consent of the Senate.

The bones functions of the Commission are divers in the Land Correction Law. These functions include:

• Promulgating minimum standards (codes) for the care, custody and prophylactic of all persons confined in state and local correctional institutions;
• Investigating reportable incidents (deaths, assaults, escapes, etc.) and the direction of all institutions within its purview;
• Approving or rejecting plans for construction or renovation;
• Advising the officials of such institutions in the operation of their lawful duties.

Any correctional facility employee who refuses to admit a fellow member or officer of the Commission for the purpose of visitation and inspection or who does not furnish information required by the Commission is subject field to civil or criminal sanctions. The Committee has the authority to amendment witnesses and documents. It tin can also close whatsoever correctional facility subject to inspection if it is unsafe, unsanitary or unable to provide for the classification of prisoners every bit required past law or which has non complied with the rules and regulations promulgated by the Commission.

Medical and mental wellness practitioners are nigh likely in interact with staff members representing the Committee of Correction's Medical Review Board (MRB). This Board is chaired by one of the Commissioners. New York Country Correction Police force mandates that the Board have 6 members including an chaser, a board certified forensic psychiatrist, and a board certified forensic pathologist. Each member is appointed to a five year term of office past the Governor, with the advice and consent of the Senate.

The Medical Review Board is mandated to investigate the cause and circumstances surrounding the death of any inmate of a correctional facility and, when appropriate, to make recommendations to the facility administrator and health services providers to preclude the recurrence of such deaths.

When there is a questionable inmate death (including merely not limited to homicide or suicide), a Correction Facility Specialist from the Committee conducts a field investigation involving the facility in question. The purpose of this enquiry is twofold: outset, to answer example specific questions such every bit the adequacy of supervision or treatment and the timeliness of emergency response efforts; and second, to identify potential issues of a larger systemic nature such as the lack of specific facility or wellness service procedures for identifying and managing loftier take a chance inmates. The law and District Attorney's Office too investigate inmate deaths, but their interest in such cases is generally limited to the unmarried outcome of whether a criminal offence was committed. Commission staff are often in contact with these agencies in the course of investigations.

Commission staff investigating a case volition usually brainstorm the on-site segment of the investigation by consulting the Medical Examiner or pathologist who conducted the autopsy and toxicological examinations. In the case of a suicide, the investigator will then become to the jail or lockup where the incident occurred to review pertinent facility and medical records (supervisory logs, officer statements, clinical records, etc.) and to interview officers, wellness services providers and inmates who knew or had contact with the deceased. The location where the inmate died will as well exist inspected. Finally, the investigator will interview whatsoever "meaning others" (e.g., the inmates' friends and relatives) who might have additional insights into the death. A subpoena will be automatically issued for all medical, mental wellness and hospital records.

The report that the investigator afterwards writes about the death will exist reviewed at two levels. The report and all supporting documents such as photographs and health records are get-go submitted to the Medical Review Board. The Medical Review Lath reviews the case material and will inquire the investigator to reply any clarifying questions that the Board members may have. The Board then prepares a summary report. The written report presents major findings of fact that draw what happened along with specific recommendations, where advisable, to assistance prevent recurrence.

This report is submitted to the Commission. The Commission has the final authority for issuing the official case report. The Principal Administrator of the facility where the expiry occurred then has a specific period of time to respond to the Commission'south typhoon written report. The report then becomes a public document. All other example materials and evidence remain confidential.

The Board is also responsible for investigating the delivery of medical and mental wellness intendance to inmates and for recommending such changes as it deems necessary to improve the quality and availability of such care. The Committee promulgates "Minimum Standards and Regulations for the Management of Canton Jails and Penitentiaries" which include the requirement that the jail "brand maximum use of community medical and mental wellness facilities, services and personnel" (Chapter I, Role 7010.two (i))

Minimum Standards also crave jails to complete "initial screening and take chances cess" for each inmate (Chapter I, Part 7013.3 (two) and 7013.7 (b)), including "history of mental affliction or treatment" and "potential for self-injury or suicide."

The New York Metropolis Board Of Corrections

New York Charter, Department 626, empowers the NYC Lath of Corrections to monitor and evaluate the performance of the NYC Department of Corrections. The primary objective of the 9-member Lath of Corrections is to insure that all individuals within the Metropolis'south Correctional Institutions, both officers and prisoners, are provided with an environment which is rubber, secure, salubrious, humane and responsive to the needs of the individuals. Specifically, the Board of Corrections:

• establishes and enforces compliance
• insures that timely responses are provided to complaints, grievances or requests for assistance from prisoners
• makes recommendations to improve the delivery of medical, mental health, social service, equally well as food service throughout Doc.

The Board has a paid staff of compliance workers who regularly monitor housing and inmate service areas for compliance with minimum standards and who investigate reportable incidents.

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Source: https://omh.ny.gov/omhweb/forensic/manual/html/chapter1.htm

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