A short article in the paper mentioned a child molester who was sentenced from 4 to 6 years for his crime. He was released after serving the maximum term and put on parole.
I’m familiar with criminals being let go early but having to maintain contact with their parole officer. I hadn’t realized that this was also true with those who had completed their full sentences.
Is this true and if so under what circumstances does this happen? Or is every released prisoner placed on parole no matter what?
Parole can be part of a sentence. In Illinois it’s known as “mandatory supervised release,” and how much you get depends on the class of felony you were convicted of.
Also a lot of laws about child sex offenders sentences are different than standard laws. For example after they get out they can’t live near schools, daycares, parks, etc.
If you’re talking about a NY case, the sentence probably included post-release supervision. It’s not technically parole, and it works somewhat differently,but since the supervision is provided by a parole officer the media usually don’t make the distinction.
What happens if a former prisoner does not cooperate with his post release supervision? Someone who breaks parole can be sent back to serve the remainder of his sentence; but if the convict has already served the full sentence, how would he be punished?
In NY, the full period of incarceration is not usually served.There is always “good time” available. However, sentences which include post-release supervison have a set period of supervision-say 5 years. If the releasee violates the conditions, he can be sent back for the whatever remains of the original period of incarceration and the post-release supervision period.
OK, so let’s assume this happens, and the convict serves out that period, and is released. Does the post-release clock reset? If he violates again, can he be sent back for the equivalent of another post release period, lather, rinse, repeat?
I know a little bit about probation, at least in one state. In that case, if the violator is caught doing anything so much as jay walking, they’re most likely sent back to finish their sentence.
My question is, if they finish their sentence and are released into some kind of post-release program, then they jaywalk, what happens?
Nope, the clock doesn’t reset. If he’s sent back to prison for what remains of his post- release supervision, he’s done. If he has four years left of supervision, violates , and gets sent back for two, he will have to do the remaining two years under supervision.
I think the question is, he’s served his entire sentence. No time off/parole. He’s still supervised. What happens if he chooses not to check in, etc? He has no sentence time remaining. Is he now in comtempt of court and is remanded on that? Does he have to be caught breaking a law before they re-incarcerate him? The clock has run out on his previous sentence.
StG
This also happened in the recent case with the border agents in Texas who shot someone in the back. They got 12 years plus 3 years of supervised release from the judge. I only know this because President Bush commuted their prison sentences but they still have to serve the supervised release.
But for some sex offenders part of there sentence is a life time commitment to registering appropriately. So they could get sentenced to 2 years in jail and a life time of registering their home addresses. If he doesn’t do this the law and or judge will spell out the penalties.
So if they fail to register they’ve broken their sentence. If they jaywalk it would be very unlikely to put them back, prisons are way too overcrowded now.