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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
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Experience:  Experienced in multiple areas of the law.
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if my fiance comes out january 27 2011 with expectancy of 10

Customer Question

if my fiance comes out january 27 2011 with expectancy of 10 yrs parole will he do all the 10
Submitted: 3 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 3 years ago.
Good afternoon, thank you for your question.

It's possible that he can get an early release from parole, called a merit termination, between 1-3 years after being on parole. From the New York State Parole Handbook:

Some parolees qualify for a Merit Termination of Sentence granted by the Division of Parole prior to the Maximum Expiration Date of the sentence. This means that the particular sentence is terminated and the parolee will no longer be under the jurisdiction of the Division of Parole.

 

Generally, non-violent felony offenders who meet the requirements of Section 259-j of the Executive Law may be eligible for a Merit Termination of Sentence. All violent felony offenders, a majority of sex offenders and those convicted of other offenses enumerated in Section 259-j of the Executive Law are not eligible for a merit termination of sentence. Changes in 2004 to Section 259-j, Laws of 2004, Chapter 738, have expanded Merit Termination availability.

 

Individuals not being supervised in New York State pursuant to the Interstate Compact, and those not eligible for deportation or in the custody of ICE/BICE, are not included. Eligible releasees shall be considered for a possible Merit Termination of Sentence after one year of community supervision. Article 220 Class A-felony offenders may be considered after two years of community supervision.

 

The Merit Termination of Sentence can be granted only when it has been determined that it is in the best interest of society to do so and that you have made a good faith effort to comply with any restitution order and/or pay any mandatory court surcharge.

Your Parole Officer can answer questions and discuss the particulars of a Merit Termination of Sentence with you anytime throughout your period of parole supervision.


The best thing your fiance can do is make sure he fully complies with all terms of his parole and avoids any further trouble, and then discuss with his parole officer whether he is eligible for early termination.

I hope this information is helpful. If you have follow-up questions or need additional clarification, please click reply and I will be happy to assist you further.

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Customer: replied 3 years ago.

his crime was om manslaughter on the 2nd degree

Expert:  RobertJDFL replied 3 years ago.
Then he will likely have to do all ten years of parole, because as stated in the parole handbook "All violent felony offenders, a majority of sex offenders and those convicted of other offenses enumerated in Section 259-j of the Executive Law are not eligible for a merit termination of sentence."

I wish I could tell you otherwise.

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