About Parole
In New York State, parole is the system by which people serving indeterminate prison sentences obtain release.
Parole Process
As an incarcerated individual (applicant) nears his or her minimum sentence, they will receive a hearing date with the Board of Parole. During the hearing, only the applicant will be in the room with the Board. The Board will ask questions about the crime, actions while incarcerated, and plan for release. The hearing can last anywhere from 15 minutes to 2 hours. A decision will be given to the applicant within 2 weeks of the hearing.
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If the applicant is denied parole ("hit), they will have to wait between 6 months and 2 years for a new hearing. There is an appeal process, but it is lengthy and often unsuccessful.
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If the applicant is granted parole, they must remain in prison until the completion of their minimum sentence. This means many applicants continue to be imprisoned for months after being granted parole.
Board of Parole
Parole Commissioners, appointed by the Governor and confirmed by the New York State Senate, serve six-year terms. Though the Executive Law allows for 19 Commissioners, there are currently only 12 Commissioners. This severe understaffing has led to myriad procedural problems, over-worked Commissioners, higher caseloads, shorter parole interviews, and less time for individualized evaluations of parole applicants.
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The Board of Parole is also a highly political body that has historically taken a punitive and “tough on crime” approach to the parole release process. The Board’s decisions are heavily influenced by the policies of the reining gubernatorial administration, and special interest groups like law enforcement and the state prosecutors’ offices.
Impact
Most people appearing before the Board have accepted full responsibility for their crimes, undergone deep personal transformations, and have solid release plans. However, the Board systematically disregards the many accomplishments of applicants and their often categorically low risk for recidivism, instead citing the nature of a person’s crime in their denials.
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Many applicants appear before the Board multiple times before they are granted release, forcing them to languish in prison many years longer than their minimum sentence. These practices have an especially devastating consequence for the nearly 9,000 people serving sentences with a maximum of life, leaving this group subject to potentially indefinite confinement, as they have no other path to release. Many people serving life sentences have lost hope of ever obtaining freedom. Many believe they will die in prison, and in reality, some will.
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People Most Affected
The Board’s practices also exemplify nationwide criminal justice policies that are rooted in retribution and racism. As with the criminal legal system at large, people of color, and more specifically Black men, are profoundly and disproportionately impacted by parole policy. Aging and elderly people are also deeply affected. Many people serving life sentences are over the age of 50, with some entering their 60s and 70s, and their release rates remain intractably low despite the statistical fact that criminal conduct decreases substantially with age and infirmity.