RETURNING TO THE COMMUNITY: COMMUNITY SUPERVISION
Offenders are encouraged to maintain a positive disciplinary record and engage in programs outlined in their individualized program plans. Failure to participate in recommended programs may result in the loss of good time, which can affect eligibility for early release. Therefore, it is vital to support offenders in achieving a positive disciplinary adjustment, increasing their likelihood of pursuing and attending necessary programs.
There are generally four pathways for release from the New York State Department of Corrections and Community Supervision (DOCCS) custody back to the community:
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Presumptive Release/Merit Time
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Parole Board Release
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Conditional Release
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Completion of Maximum Sentence (Max-Out)
Presumptive Release/Merit Time
In addition to the court-imposed minimum sentence, offenders may be eligible for presumptive release based on several factors, including the nature of the crime, the sentence, satisfactory disciplinary and program participation, time already served, and prior criminal history. Any inquiries should be directed to the offender’s assigned Offender Rehabilitation Coordinator.
Parole Board Release
Parole Board Commissioners have the authority to grant release after the offender has served a minimum portion of their sentence.
Conditional Release
This is a statutory form of release that the Board of Parole cannot grant or deny at their discretion:
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For indeterminate sentences, where both minimum and maximum terms are imposed, the offender must serve two-thirds of the maximum sentence without losing any good time.
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For determinate sentences, which specify a flat period, the offender must serve six-sevenths of the sentence without any loss of good time.
Completion of Maximum Sentence (Max-Out)
An offender is released from prison upon serving the maximum term of their sentence under the following circumstances:
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The offender is not paroled and has lost all good time.
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The offender is returned to prison for violating the conditions of their release with less than one year remaining on the original sentence, and the Parole Board decides to hold them to the maximum expiration of their sentence, or the offender refuses conditional release.