• Gennaro Calabrese

Amendments to Parole Regulations in 2020

In January 2020, the New York State Department of Corrections and Community Supervision (DOCCS) repealed and replaced the regulations governing release conditions. These regulations, which can be found at 9 NYCRR § 8003.2, took effect on July 8, 2020. The purpose was to establish standard conditions of release. A copy of these conditions of release, with the addition of any special conditions, are supposed to be given to each inmate upon his/her release to supervision.


In January 2020, DOCCS also repealed and replaced the regulations governing the guidelines for assessing categories and penalties at parole revocation hearings. These regulations, which will be found at 9 NYCRR § 8005.20, will take effect December 8, 2020. According to DOCCS the replaced language creates “new guidelines for assessing penalties that emphasize categories based on current violative behavior, and assign[s] a new set of available penalties based on the severity of such violative behavior. Additionally, the new guidelines will expand the availability of DOCCS alternative program dispositions (dispositions which allow the violator to avoid service of a time assessment by completing the DOCCS program), and the creation of a violation category in which the maximum available penalty is the imposition of such an alternative program disposition.”


Finally, in January 2020, DOCCS amended 9 NYCRR § 8002.6(b), which relates to time assessment calculations. The amendment will take effect December 8, 2020. According to DOCCS, “[t]he calculation of time assessments would commence upon the completion of adjudicatory proceedings, and will be deemed a hold to the maximum expiration of the sentence on occasions in which the imposed assessment exceeds the time remaining on such violator’s sentence.”

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