Post-release supervision issue

June 18, 2008 at 11:51 am | Posted in Law in the News | 2 Comments
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As a result of 2 recent decisions by the Court of Appeals, Matter of Garner v NYS Dept. of Criminal Justice Services and People v Sparber, the Dept. of Criminal Justice Services and Division of Parole must resentence or release inmates whose terms of post-release supervision were not pronounced at sentencing by their trial judges.  The NYS Attorney General has filed a memo of law in State of New York v Myers seeking a temporary restraining order arguing that if the inmates are immediately released from custody, the criminal justice system could lose track of the inmates which could pose a threat to public safety.  You can read the AG’s affirmation here

Thanks to the New York Law Journal.

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  1. I feel this law Post Supervision is unjust by the fact that if the Prisoner has served his sentence of Six Years and was not mentioned at the time of sentencing that any Post Supervision was added it is an illegal sentence imposed not by a judge but DOC which is not legal except initiated by a Judge. These laws need to be changed because many inmates are going back to prison on Parole Violations for very minor offenses and it is costing the State to keep a inmate incarcerated $91,000 per year. These prisoners did there time and should be released off of this oppressive Post Supervision Law that and permitted to come back into the community because they served there time. Post Supervision is almost like actually being sentenced twice for the same crime.

    They need to do away with many of laws that keep miniorities oppressed and in bondage. The Prison Industrial System is nothing but modern day slavery. Prisoners are making 12 cent an hour to make
    For Example: License Plates. Wll Street was promoting the Prison Industrial Complex before Wall Street has fallen and now there is no more money put into the Prison Industrial Complex.

    Let my people go stated by Moses applies to Black people in the prison system, today.

  2. Post release supervision is as unconstitutional as imposing an order to eliminate the right to bear arms as guaranteed by by the 2nd. amend. of the u.s. const.N.Y. penal law sections 55-55.10 do not classify P.R.S. as a felony or misdemeanor. To be past your max. date and inccur an alleged parole violation,which there should not be, is a blatant violation of your const. rights. there is only one true maximum expiration date, and that is the agreed upon sentence through plea bargain or whatever sentence the judge imposes after guilty verdict via jury trial.The UNITED STATES SUPREME COURT HOLDING IN JONES V. THE U.S. 526, CLEARLY UPHOLDS AND WAS COMMANDED THAT ” ALL STATES WHO ADOPTED LAWS UNDER UNDER U.S.S.G P.L.90-483, TO SCRAP IT AND START ALL OVER. ESTABLISHES NO RIGHTS, CONFERS NO POWERS. THIS IS THE FATHERING PREDECESSOR OF POST-RELEASE SUPERVISION. I have much more to say but i will let the judge decide that in the EASTERN DISTRICT FEDERAL COURT WHICH IM CURRENTLY IN NOW FIGHTING THIS CASE. WHAT BAFFLES ME IS THE SIMPLE FACT THAT NOWHERE IN NEW YORK STATE NOBODY IS FIGHTING THE STATUTE ITS SELF, EXCEPT BY BEING IMPOSED BY DEPT. OF CORRECTIONS. OR THE JUDGE NOT IMPOSING IT DURING SENTENCING. WHY IS NOBODY CHALLENGING THE STATUTE P.L.70.45 EXCEPT ME? thats the MILLION DOLLAR QUESTION? if you can answer this then send your questions and comments to: rdwreal@gmail.com i will look foward to hearing from anybody who has an idea what they are talking about regarding this matter.


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