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Hmsclb · Jun 13, 2012, 04:36 PM

If I have committed no crimes while on parole but only left county without permission once can they extend my max out time?

smoothy · Jun 13, 2012, 04:48 PM

Originally Posted by Hmsclb

If I have committed no crimes while on parole but only left county without permission once can they extend my max out time?

Yes... ANYTHING that deviates from what you were told to do... can be a reason to violate you. Not just crimes or even misdemeanors

Fr_Chuck · Jun 13, 2012, 05:17 PM

Yes, moving without permission or notification is a fairly serious offence ( not a crime) you are lucky they did not lock you back up for a bit.

excon · Jun 14, 2012, 05:18 AM

Originally Posted by Hmsclb

If I have committed no crimes while on parole but only left county without permission once can they extend my max out time?

Hello H:

No. They can send you back, and take away your good time.. But your max out date IS your release date.

excon

PS>(edited) For my fellow experts... The JUDGE sentenced the inmate to a specific term in prison. The DOC CANNOT change it.

Hmsclb · Jun 15, 2012, 08:53 PM

I violated parole and now they are sentencing me two more months past my max date.. once I get to prison is there a way to get those two months knocked off? And get off parole on my original max date..

Hmsclb · Jun 16, 2012, 11:52 AM

Originally Posted by excon

Hello H:

No. They can send you back, and take away your good time.. But your max out date IS your release date.

excon

PS>(edited) For my fellow experts.... The JUDGE sentenced the inmate to a specific term in prison. The DOC CANNOT change it.

Hi.. are you certain about this? My boyfriends na

Hmsclb · Jun 16, 2012, 11:57 AM

My max out date is Jan 2013 I violated parole and they are sending me back to prison for breaking curfew.. Now they are saying Match 2013... Are they allowed to do this? I live in the state of NY.. Once I get to prison and behave good can I get my original max date back?

JudyKayTee · Jun 16, 2012, 11:58 AM

Yes, they can do this - they added time to the original sentence.

JudyKayTee · Jun 16, 2012, 12:02 PM

Originally Posted by excon

Hello H:

No. They can send you back, and take away your good time.. But your max out date IS your release date.

excon

PS>(edited) For my fellow experts.... The JUDGE sentenced the inmate to a specific term in prison. The DOC CANNOT change it.

I'm reading that they can - "If while under parole supervision, you are declared delinquent and your release status is revoked, your sentence time stops running and the time during which you were delinquent up to the time you were returned to a state correctional facility, is added to your current maximum expiration date and results in a new maximum expiration date. If the Board of Parole cancels delinquency, your original maximum expiration date is restored. Immediately upon being apprehended and incarcerated solely on a parole violation warrant, your time resumes running and is credited to your sentence as parole jail time under section 70.40(3) of the Penal Law." https://www.parole.ny.gov/intro_handbook.html

She has 4 threads going - she's in NY.

Fr_Chuck · Jun 16, 2012, 12:04 PM

Max out is max out, Max out is not date taking into consideration good time.

Hmsclb · Jun 16, 2012, 12:50 PM

Originally Posted by excon

Hello H:

No. They can send you back, and take away your good time.. But your max out date IS your release date.

excon

PS>(edited) For my fellow experts.... The JUDGE sentenced the inmate to a specific term in prison. The DOC CANNOT change it.

So what are you saying? Are you saying he will be out January 2013 even if they extended it to March 2013?

Hmsclb · Jun 16, 2012, 12:54 PM

If my new sentence max date is march 2013, is there anyway when I get to prison that I can get back my original date of Jan 2013? How can I get my delinquit time canceled?

excon · Jun 16, 2012, 01:11 PM

Originally Posted by JudyKayTee

I'm reading that they can

Hello again:

I stand corrected. Judy is right.

excon

Hmsclb · Jun 16, 2012, 01:13 PM

Originally Posted by excon

Hello again:

I stand corrected. Judy is right.

excon

Ok thanks

Hmsclb · Jun 16, 2012, 01:16 PM

Originally Posted by JudyKayTee

Yes, they can do this - they added time to the original sentence.

Hi Judy,
Once he is in prison is there away for his delinquet time to be canceled? So he can get out in January instead if march...

smoothy · Jun 16, 2012, 01:35 PM

Originally Posted by Hmsclb

Hi Judy,
Once he is in prison is there away for his delinquet time to be canceled? So he can get out in January instead if march ...

Unlikely... Unless he learns how to walk on water... they are going to punish him for violating his parole.

JudyKayTee · Jun 16, 2012, 03:09 PM

Originally Posted by Hmsclb

Hi Judy,
Once he is in prison is there away for his delinquet time to be canceled? So he can get out in January instead if march ...

I got lucky on this one - because I'm in NY.

And, Excon, for whatever reason your response really touched me. It's not about one upsmanship. I happened to know this one.

I do not see in what I posted that the "delinquent time" can be canceled.