Somebody left this book in a payphone enclosure near Herald Square. When I found that it did not seem to be online I scanned it and converted most of its pages to text using ABBYY Finereader. This is publication number DC126 and is dated December, 2013. If the images are too small for you then click on the image icon above the individual images and choose a bigger size.
Welcome Home Orientation Materials - 0002
Welcome Home Orientation Materials - 0004Welcome To the Department of Corrections and Community Supervision Newly Released Orientation Materials
This orientation manual is designed to provide you with information relative to the operations and procedures of DOCCS, Community Supervision, and to succeed on Parole. Crime prevention, a safe community and rehabilitation, is a product of good planning and hard work. A key element of your success involves proactive DOCCS policies that make sure offenders are effectively supervised. Parole officers provide parolees with structured guidelines help parolees’ access community services and hold offenders accountable for their actions. The manual you have received is designed to help you get a clear understanding of what is expected of you by DOCCS while you are on parole. This manual is designed with a frequently asked questions section to get you started. To ensure Community Supervision’s mission you must adhere to all the rules and policies outlined in this manual. Failure to do so may result in disciplinary action being taken.
Welcome Home Orientation Materials - 0005Table of Contents
Table of Contents Section One: Parole Supervision Section Two: Revocation Process Section Three: Interstate Transfer Section Four: Restoration of Rights Section Five: Discharge from Sentence Section Six: Language Access Section Seven: Post Release Parental Contact Notice/Requests Section Eight: Child Support Section Nine: Employment Section Ten: Application for Social Security Card, NYC Birth Certificate and NYS Non-Driver I.D. Card Section Eleven: Tenants Rights
Welcome Home Orientation Materials - 0006Section 1 - Parole Supervision
1) WHAT HAPPENS IF I AM PAROLED AND CANNOT FIND A PERMANENT RESIDENCE? DOCCS has programs which provide a temporary place to live if you become homeless, reside in an unstable living situation, or need a more structured environment. These programs may also provide other services, such as substance abuse treatment, job development, and employment training. 2) AFTER I AM RELEASED, TO WHOM AND WHEN DO I REPORT? Upon release, unless instructed otherwise, you should report in person with your certificate of release within twenty-four hours to the area office listed on your release papers. If time or distance makes it impossible to report within twenty-four hours, you must telephone the area office to inform them of your special circumstances. The area office will make sure that you are interviewed promptly. If the Parole Officer who will supervise you is not available at this time, a Parole Officer on duty will conduct an arrival report and make arrangements with you to return to the office for an initial interview with your assigned Parole Officer. During your arrival report, the rules of parole and your responsibilities under the parole system will be carefully explained. Special parole conditions will also be thoroughly discussed with you. You should ask any questions you might have about these rules and conditions. It is very important that you completely understand these responsibilities. Your Parole Officer will check your release sheet, discuss your residence and programming with you, make a reporting schedule, and tell you the date and time of your next interview. 3) WHAT ARE THE RESPONSIBILITIES OF A FIELD PAROLE OFFICER? The Field Parole Officer’s job is to assist your reentry into the community and to protect public safety. When you are released from a correctional facility, you may have difficulties upon returning to the community. You may have trouble finding a job or a place to live. You may also have difficulty re-establishing relationships with family and sick friends, or abstaining from the use of drugs or alcohol. The Field Parole Officer’ job is to counsel you, refer you to appropriate services, and to assist you in developing positive ways of solving your problems. The assistance you receive will depend on your needs. Parole Officers also ensure that individuals under parole supervision are obeying the laws of society and the rules of parole. Like other peace officers, Parole Officers can make arrests, conduct investigations, search parolees, and apprehend parole violators.
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4) IF I AM HAVING PERSONAL DIFFICULTIES WITH MY ASSIGNED PAROLE OFFICER, WITH WHOM SHOULD I SPEAK? The first person with whom you should speak is your Parole Officer. If you are not talking to your Parole Officer about these problems, he or she may not be aware that there are any difficulties. If after talking with your Parole Officer you still feel that there are problems which are not being worked out, you should ask to speak with his or her Senior Parole Officer. You may also request a meeting with the Senior Parole Officer if you feel that you cannot talk to your Parole Officer. This can take place with or without your Parole Officer present, depending on which would be more helpful. If you again fail to resolve your difficulties, you can request an interview with the Bureau Chief. Whatever you do, do not attempt to deal with this problem by staying away. This is called absconding (failure to report or moving without advising your Parole Officer) and can result in your return to custody. 5) WHAT ARE THE GENERAL CONDITIONS OF PAROLE? The conditions of parole are rules which you must follow while under supervision. The present conditions are: 1. I will proceed directly to the area to which I have been released and, within twenty-four hours of my release, make my arrival report to that office of Department of Corrections and Community Supervision unless other instructions are designated on my release agreement. 2. I will make office and/or written reports as directed. 3. I will not leave the State of New York or any other state to which I am released or transferred, or any area defined in writing by my Parole Officer without permission. 4. I will permit my Parole Officer to visit me at my residence and/or place of employment and I will permit the search and inspection of my person, residence, and property. I will discuss any proposed changes in my residence, employment, or program status with my Parole Officer. I understand that I have an immediate and continuing duty to notify my Parole Officer of any changes in my residences, employment, or program status when circumstances beyond my control make prior discussion impossible. 5. I will reply promptly, fully, and truthfully to any inquiry of or communication by, my Parole Officer or other representatives of DOCCS. 6. I will notify my Parole Officer immediately any time 1 am in contact with, or arrested by, any law enforcement agency. I understand that I have a continuing duty to notify my Parole Officer of such contact or arrest.
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7. I will not be in the company of, or fraternize with any person I know to have a criminal record or whom I know to have been adjudicated a Youthful Offender, except for accidental encounters in public places, work, school, or in any other instance without the permission of my Parole Officer. 8. I will not behave in such manner as to violate the provisions of any law to which I am subject which provides for a penalty of imprisonment, nor will my behavior threaten the safety or well-being of myself or others. 9. I will not own, possess, or purchase any shotgun, rifle, or firearm of any type without the written permission of my Parole Officer. In addition, I will not own, possess, or purchase any dangerous instrument or deadly weapon as defined in the Penal Law or any dangerous knife, dirk, razor, stiletto, or imitation pistol. In addition, I will not own, possess or purchase any instrument readily capable of causing injury without a satisfactory explanation for ownership, possession or purchase. 10. In the event that I leave the jurisdiction of the State of New York, I hereby waive my right to resist extradition to the State of New York from any state in the Union and from any territory or country outside the United States. This waiver shall be in full force and effect until I am discharged from Parole or Conditional Release. I fully understand that I have the right under the Constitution of the United States and under law to contest an effort to extradite me from another state and return me to New York, and I freely and knowingly waive this right as a condition of my Parole or Conditional Release. 11. I will not use or possess any drug paraphernalia or use or possess any controlled substance without proper medical authorization. 12. I will follow my special conditions as specified by the Board of Parole, my Parole Officer or other representative. 13.1 will fully comply with the instructions of my Parole Officer and obey such special additional written conditions as he/she, a member of the Board of Parole, or an authorized representative of DOCCS may impose. 6) WHAT ARE SPECIAL CONDITIONS OF PAROLE? Although the general conditions of parole apply to all those under parole supervision, the Board of Parole and your Field Parole Officer can add additional conditions that apply specifically to you and to your situation. This might be a curfew, a prohibition against drinking or associating with specific individuals, or a prohibition against being in a specific area. If the Board of Parole imposes a special condition, only the Board can remove it, if your Parole Officer imposes a special condition, then he or she can remove it. Special conditions, whether imposed by the Board or Parole or your Parole Officer, must be obeyed in the same way as the general conditions of people.
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7) WHAT ARE MY RESPONSIBILITES WHILE UNDER PAROLE SUPERVISION? Your specific responsibilities are included in the conditions of parole. In a more general sense, you are responsible for obeying the law, remaining sober, and for working with your Parole Officer in a cooperative and open manner. This will enable you to resolve problems you may be having in adjusting to the community. Above all, these difficulties must be handled with your Parole Officer to help you remain a law-abiding citizen. 8) WHAT IS “REPORTING?” Reporting is when you meet with your Parole Officer. You may have to report to your Parole Officer at the parole office as often as every week or as infrequently as once every three months. Your reporting schedule depends on your level of supervision and how well you are adjusting to parole supervision. Office reports are required for individuals under parole supervision, and failure to make them is considered a violation of parole. If and when unexpected circumstances do not permit actual visiting, you should contact your Parole Officer by telephone to ask to be excused. If your Parole Officer is not in the office when you make your report or call to be excused, you should be sure to speak to his or her partner or supervisor, or another Parole Officer who can talk to you and leave a message for your assigned Parole Officer. 9) WHAT ARE HOME VISITS? Your Parole Officer will visit and speak with you at your home. Home visits add to his or her understanding of how you are adjusting to the community and allow your Parole Officer to speak with you and members of your family in a comfortable atmosphere to learn more about your adjustment. 10) WILL MY PAROLE OFFICER VISIT ME ON MY JOB? Your Parole Officer must make sure that you are working and will generally visit your place of employment. If you feel that this might present a problem, you should advise your Parole Officer, and he or she will consider alternatives. 11) WHAT HAPPENS IF I CANNOT FIND A JOB OR NEED JOB TRAINING? DOCCS works with several employment programs in the New York City area. These programs provide vocational training and testing, employment counseling, and job placement services to teach parolees the necessary skills to obtain permanent employment. Parolees in Manhattan can work with one of the programs to gain skills in interviewing, resume writing, vocational skills and employment.
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12) WHY DOES THE DIVISION DO ALCOHOL DRUG TESTING? DOCCS uses alcohol drug testing as an important component of supervision. You may be required to provide a urine sample at the time of your office reports or when you are visited by your parole officer. Alcohol testing allows your Parole Officer to determine whether or not you are using alcohol or drugs. This can result in a referral to treatment or, in some cases, a violation of parole. 13) WHAT ASSISTANCE IS AVAILABLE IF I ABUSE DRUGS OR ALCOHOL? If you have a substance abuse problem, you may be referred by your Parole Officer to a DOCCS ACCESS counselor. These counselors have offices in New York City and provide immediate assessments and referrals to treatment. Depending on your individual needs, ACCESS counselors will arrange for you to participate in an outpatient, day treatment or residential program in your community. DOCCS has treatment slots available in New York City that are specifically dedicated to parole treatment. 14) IF I VIOLATE PAROLE BY USING DRUGS, WILL I BE SENT BACK TO PRISON? DOCCS has developed a network of relapse prevention services to provide parolees with outpatient, residential, detox, and day treatment services. However, if you demonstrate that you are unable to remain sober or drug free while in the community you may be returned to prison. DOCCS has developed intermediate sanctions such as the Willard Drug Treatment Campus, Community Based Residential programs, Electronic Monitoring, and a local jail-based substance abuse treatment programs (Edgecombe A.T.I.). These programs have been designed to assist you and serve as alternatives to reincarceration. 15) IF I BECOME SERIOUSLY ILL, CAN I BE EXCUSED FROM REPORTING IN PERSON? In case of illness, disability, or extended stay in a program approved by your Parole Officer, you can be excused from reporting. 16) IF I WANT TO VISIT OR MOVE TO ANOTHER AREA WITHIN NEW YORK STATE, WILL I BE ASSIGNED A NEW PAROLE OFFICER? Each Parole Officer handles clients living within the area to which the Parole Officer is assigned. If you wish to move to another area, you must seek permission from your current Parole Officer. He or she will request that the Parole office in the area to which you wish to move investigates your newly proposed program. If the move is approved, your parole supervision will be transferred to a new Parole Officer. In case of a brief visit, if you travel outside the geographic boundaries of the Region (or any geographic boundaries imposed on you by your PO), you must have a travel permit issued by your Parole Officer. Your current Parole Officer will advise the local Parole office and you can call there if you get into difficulty. However, your parole supervision will not be transferred.
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17) CAN I LEAVE THE STATE TO VISIT? Out-of-state travel requires a travel pass. You must request a travel pass from your Parole Officer with the following information: why and when you plan to leave, how you plan to travel, with whom you plan to travel, where you plan to stay, and when and how you plan to return. In some states, it will be necessary for you to check in with the local police department. Initially, no visit can be approved for a period of over three weeks. Longer stays involve at least some supervision by the parole authorities in the state being visited. It is always helpful to give your Parole Officer as much advance notice as possible regarding a planned trip so that he or she can have the necessary paperwork completed in sufficient time. Travel passes must be approved by a Senior Parole Officer. 18) WHAT IS ABSCONDING? Absconding is when you stop seeing your parole officer. The conditions of release specify a number of situations that could be considered absconding in the absence of a satisfactory explanation. These include failure to make an office report to your Parole Officer, failure to attend a mandated treatment program, changing address without permission, or leaving the boundaries of your Region or state without permission. Absconding will lead to the issuance of a warrant for your arrest. 19) WHY IS ABSCONDING AN IMPORTANT ISSUE? Continued contact with your Parole Officer is the essence of Parole supervision. If you break off contact, your Parole Officer can no longer assist you or ensure that you are complying with the conditions of your release. 20) WHAT HAPPENS IF I AM ARRESTED? You must report any arrests or contacts with law enforcement officers or agencies to your Parole Officer. He or she will complete an investigation of the incident. Possible parole violation charges will be considered after the investigation is completed. 21) WHY IS PAROLE CHARGING A MONTHLY SUPERVISON FEE? In March of 1992, the State of New York enacted a law (Section 259-a, subdivision 9 of the Executive Law) requiring every release over 18 years of age to pay a monthly Fee for Supervision. 22) WHO HAS TO PAY THIS MONTHLY FEE? If you are on active supervision or conditional release you have to pay the monthly fee unless you are formally excused by a written waiver from DOCCS.
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23) HOW MUCH DO I HAVE TO PAY? You are required by law to pay a fee of $30.00 per month to the State’s official designated banking institution. Payments should be made by check or money order according to procedures explained to you by our Parole Officer. Payments should not be made to any employee of DOCCS. 24) WHAT HAPPENS IF I DON’T HAVE THE MONEY TO PAY THE FEE? Prompt payment is required by law. If you are without the financial means to pay the fee, you must discuss the matter with your Parole Officer. If you are eligible for a waiver, your Parole Officer will make that determination based on income, level/source of support, etc. You may be exempt from payment or a small percentage of the total fee, may be required.
Welcome Home Orientation Materials - 0013Section 2 - Revocation Process
1) WHAT HAPPENS IF A VIOLATION OCCURS? If your Parole Officer obtains information which indicates that you may have violated one or more of the conditions of your release, he or she will investigate and then confer with a supervisor. If the investigation discloses evidence that you may have violated one or more of the conditions of your release in an important respect, a parole violation warrant may be issued and lodged against you as a detainer following your apprehension. You would then be served with: (1) a Notice of Violation that describes the hearing process and lists your rights with respect to those hearings; and (2) a Violation of Release Report that describes the manner in which you allegedly violated one or more of the conditions of your parole. 2) WHO ISSUES THE WARRANT? The warrant may be issued by a member of the Board of Parole or by a designated officer whom the Board has empowered to issue warrants. In order for a warrant to be issued, the Parole Officer who supervises you must present information to the designated officer or Board member which shows that there is a reasonable cause to believe that you have violated one or more of the conditions of your release in an important respect. 3) WHAT HAPPENS WHEN THE WARRANT IS EXECUTED? When the parole warrant is executed, you will be detained in a local facility or detention center and may not be bailed. Within three days (five days if you are out of state) of the lodging of the warrant, you will be served with both the Notice of Violation and the Violation of Release Report. The Notice of Violation states your rights, and the date, place, and time of your Preliminary Hearing and your Final Hearing. The Violation of Release Report notifies you of the charges against you. Within fifteen days of the lodging of the warrant, a Preliminary Hearing must be scheduled unless you waive such hearing. If, at the Preliminary Hearing, it is found that there is not probable cause to believe that you have violated a condition of release in an important respect, the warrant will be cancelled and you will be restored to parole supervision. If probable cause is found at the Preliminary Hearing, or you waive the Preliminary Hearing, a member of the Board of Parole will review your case and determine whether to declare you delinquent and order a Final Hearing or to restore you to supervision. 4) WHAT IS THE PURPOSE OF THE VIOLATION OF RELEASE REPORT AND THE NOTICE OF VIOLATION? The Violation of Release Report notifies you of the rules you are alleged to have violated and the manner in which you are said to have violated them. The Notice of Violation advises you of the date, place, and time that the Preliminary Hearing will be held and all your rights at the Preliminary Hearing. These include the right to
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appear and speak on your own behalf and to produce letters, witnesses, or documentary evidence to support your case. In addition, you may confront and cross-examine the DOCCS witnesses, unless good cause is shown why they should not appear at the hearing. Using the space provided for this on the Notice of Violation, you may waive the Preliminary Hearing. The Notice of Violation also contains a tear-off form for requesting assistance in obtaining assigned counsel if you cannot afford to hire an attorney. 5) MUST I DISCUSS THE VIOLATION WITH MY PAROLE OFFICER? While you are on parole, you must reply promptly, fully, and truthfully to inquiries and communications from your Parole Officer. At the time that the Notice of Violation is served upon you, your Parole Officer must read you the alleged violations. He or she must report to the Board of Parole any statement that you make with respect to the alleged violations. You do not have to testify at the Preliminary or Final Hearing. When your Parole Officer is preparing the Violation of Release Report, he or she can inquire whether you wish to make a statement concerning the charges to be included in the report. You do not have to make a statement. Any statement you do make may be used as evidence at the Preliminary and Final Hearing. 6) HOW CAN I FIND A LAWYER TO ASSIST ME? Although there is no absolute right to counsel at your Preliminary Hearing, you may appear with an attorney at this hearing. If you cannot afford an attorney, your Parole Officer will be aware of agencies which may be available to help you and will advise you of them when he or she serves you with the Notice of Violation. However, if you are unable to obtain counsel before your Preliminary Hearing, you may again request counsel at the commencement of your Preliminary Hearing. If the hearing officer finds that it is necessary for you to have counsel at this hearing, he or she will order that the hearing be adjourned and take steps to assist you to obtain an attorney. If a Final Hearing has been ordered in your case, you have an absolute right to have an attorney. One will be assigned to you if you cannot afford one. To obtain an attorney at your Final Hearing, you may write to the County Court in the county in which the hearing is to take place, or to a Legal Aid or Public Defender’s office which provides counsel for such hearings. Upon request, your Parole Officer will provide you with the necessary information to assist you in obtaining an attorney. 7) IF I AM CONVICTED OF HAVING COMMITTED A CRIME WHILE UNDER PAROLE SUPERVISION, WILL I GO THROUGH THE NORMAL REVOCATION HEARING PROCESS? If you are convicted of having committed a crime while under parole supervision, you forfeit your right to a Preliminary Hearing, and you may also forfeit you right to a Final Hearing. If you are convicted of a misdemeanor, you are not entitled to a Preliminary Hearing. You will, however, receive a Final Hearing.
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If you are convicted of a felony and sentenced to an indeterminate or determinate term, your parole is revoked by operation of law without the need for either a Preliminary or Final Hearing. 8) WHAT DOES BEING DECLARED DELINQUENT MEAN? A member of the Board may declare you delinquent in four situations: (1) when there is a reasonable cause to believe that you have absconded from supervision; (2) when probable cause has been found at a Preliminary Hearing that you violated one or more of the conditions of release; (3) when you are an alleged parole violator and waive your Preliminary Hearing, and (4) when you have been convicted of a new crime while under parole supervision. With the exception of those who have been convicted of a new felony, releases, once declared delinquent, must be given a Final Hearing within 90 days of the finding of probable cause or the waiver of the preliminary hearing. If none of the violation charges are sustained at the Final Hearing, the delinquency is cancelled. Also, a declaration of delinquency can be cancelled without prejudice (that is, leaving open a possibility for the violation to be charged again) by three members of the Board, who must state their reasons for the cancellation in writing. 9) WHAT IS A PRELIMINARY HEARING? A Preliminary Hearing is a prompt, informal, minimal inquiry into one or more of the alleged violations against you. The purpose of the Preliminary Hearing is to determine whether or not there exists probable cause to believe that you have violated one or more of the conditions of your release in an important respect. There are three differences between a Preliminary Hearing and a Final Hearing. At the Preliminary Hearing, all of the charges need not be heard. If the Preliminary Hearing Officer determines that probable cause exists after hearing one or more of the charge, the hearing is completed. Further, at the Preliminary Hearing, you cannot submit proof concerning mitigating factors or alternatives to your reincarceration. The Preliminary Hearing Officer cannot recommend a disposition in your case. He or she has the limited duty and power of determining whether probable cause exists. Finally, there is no absolute right to counsel at the Preliminary Hearing. 10) WHAT IS A FINAL REVOCATION HEARING? To revoke your parole, DOCCS must prove at the Final Hearing by a preponderance of the evidence that you have violated at least one of the conditions of release as set forth in the Violation of Release Report. At this hearing, you have all the rights you had at the Preliminary Hearing. In addition, you have a right to assigned counsel if you cannot afford to hire a lawyer. At the Final Hearing, you may present evidence in mitigation of the alleged violation, as well as evidence supporting a disposition of an alternative to reincarceration. The Final Hearing is held before a Parole Board Member or Final Hearing Officer, also referred to as an Administrative Law Judge (ALJ). On the basis of this hearing, the Parole Board Member or Final Hearing Officer makes a decision or, in some cases, a recommendation to the Board of Parole whose members will make the ultimate decision about the revocation.
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11) HOW SOON WILL I HAVE MY HEARING? The law requires that your Preliminary Hearing be scheduled to take place within fifteen days of the lodging of the Parole Violation Warrant against you. Your Final Hearing, should one be ordered by a Board member, must be scheduled to take place within ninety days from the date of your Preliminary Hearing. This time may be extended if you or your attorney is granted an adjournment which is charged to you. 12) IF MY PAROLE IS REVOKED, CAN I BE PAROLED AGAIN? The law provides that the revocation of parole or conditional release shall not prevent reparole or rerelease, unless some other provision of law bars such release. Any inmate returned as a violator with less than one year to go on his/her sentence may not earn good time, and therefore, will not be entitled to conditional release; he/she may, however, at the discretion of the Board of Parole be paroled prior to the expiration of his/her sentence. 13) WHAT HAPPENS IF I’M REVOKED AND RESTORED TO THE WILLARD DRUG TREATMENT CAMPUS? The Willard Drug Treatment Campus is a 90 day residential drug and alcohol treatment program operated by the Department of Correctional Services and Community Supervision. Parolees with a substance abuse history may be revoked and restored to Willard through the parole revocation process. Participation at Willard is mandatory for many parolees pursuant to the 1997 parole revocation guidelines. Once you have completed the Willard program, you will be transferred to a Community Supervision field office to resume your community supervision. 14) IF MY PAROLE OR CONDITIONAL RELEASE IS REVOKED, DO I GET CREDIT FOR THE TIME I WAS UNDER SUPERVISION? Yes, you will receive supervision credit for all the time you spent on parole or conditional release up until the date for which delinquency was declared. 15) IF I HAVE ABSCONDED, DOES THE TIME THAT I WAS NOT UNDER PAROLE SUPERVISION APPLY TO MY MAXIMUM? Generally, no. Once you abscond, the Board of Parole will declare you delinquent as of the date you absconded, which stops the running of your time. When you are apprehended and lodged in a detention facility on a parole violation warrant, your time starts to be credited against your maximum, unless you are arrested for criminal conduct that results in a new conviction. In that case, it is possible that time spent awaiting trial and sentencing will be applied only to the new sentence, even if there is a parole warrant lodged against you. If, after absconding, you voluntarily turn yourself in and the Board of Parole decides to cancel your delinquency, you do get credit for the time while you were an absconder, and there is no change in your maximum expiration date.
Welcome Home Orientation Materials - 0017Section 3 - Interstate
1) CAN I BE PAROLED OUT OF STATE? Yes. You must first be accepted by the other state under the Interstate Compact for Parole. 2) WHAT IS THE INTERSTATE COMPACT FOR PAROLE? The Interstate Compact for Parole is an agreement among the fifty states, Puerto Rico, the Virgin Islands and the District of Columbia that allows individuals paroled by one state to be supervised in another state. The basic authority for the Interstate Compact is contained in federal legislation originally passed in 1934. 3) WHAT IS THE PROCEDURE FOR OUT-OF-STATE PAROLE? You should discuss your release plans with your Facility Parole Officer prior to your Board appearance for release consideration. If you request an out-of-state parole program, the plan will be forwarded to the other state for investigation. When the investigation is completed, the results will be forwarded to the institution and will be discussed with you by your Parole Officer. If you have been accepted for parole by the other state, you can be paroled directly to that state if the Board makes a positive release decision. 4) APPROXIMATELY HOW LONG WILL IT TAKE TO PROCESS MY REQUEST FOR INSTERSTATE PAROLE? It will usually take ten to twelve weeks to process an out-of-state investigation request. 5) IF PAROLED IN NEW YORK STATE, MAY I LATER TRANSFER MY PAROLE OUT-OF-STATE? Yes. Transfer to another state must be discussed with your New York State Parole Officer. The process is similar to the process for being released directly to out-of-state parole officials, and takes about the same amount of time. 6) MAY I BE PAROLED TO RETURN TO MY NATIVE COUNTRY? Yes, you can apply, either while still in the institution or while on parole supervision, to be repatriated to your native country. You must make your own travel arrangements and have verification of citizenship in your native country. Such requests are reviewed by the Board of Parole. If approved, you will be required to contact New York State Parole in writing upon arrival in your country. You will not be permitted to return to the United States without the permission of the New York State Parole Board, or the appropriate federal authority if there is an immigration issue.
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7) WHAT IF I AM PAROLED TO AN IMMIGRATION WARRANT? If you are paroled to an Immigration warrant and deported as a result of that warrant, you are prohibited from reentering the United States without permission of the appropriate United States Immigration officials. To do so would be a violation of your parole. If, upon parole from a state correctional facility or at any time thereafter you are released from an Immigration warrant, you are required to report to the appropriate area office to be placed on supervision. 8) WHAT PAROLE CONDITIONS WILL I BE UNDER? If paroled out-of-state under the Interstate Compact, you will be under the parole rules of both the sending and receiving states. For example, if you are paroled to North Carolina, you will be under the parole rules of New York and North Carolina. The same standard of supervision that applies in the receiving state for the supervision of its own parolees applies to out-of-state parolees. 9) IF I VIOLATE THE CONDITIONS OF MY PAROLE OUT-OF-STATE, WILL I BE RETURNED TO NEW YORK? If you are paroled to another state under the Interstate Compact, you agree to waive extradition (to return voluntarily) to the sending state if instructed to do so. If you violate the conditions of parole in the receiving state, the situation will be reviewed by the New York State Board of Parole. If it is determined by the New York State Board of Parole that a Final Hearing should be conducted, you will be returned to New York State when available to the New York State Parole violation warrant.
Welcome Home Orientation Materials - 0019Section 4 - Restoration of Rights
1) ARE THERE PROTECTIONS AGAINST DISCRIMINATION BASED ON CRIMINAL CONVICTIONS? Yes, unless you have a mandatory disability imposed on you by law. Otherwise, employers and licensing agencies are prohibited from denying your application because of a criminal record unless: a. There is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought; or, b. The issuance of the license or the granting of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. 2) WHAT IS MEANT BY “MANDATORY DISABILITIES?” As a result of felony and certain misdemeanor convictions, you may be prohibited by law from engaging in certain types of employment and from applying for certain types of licenses. These disabilities may continue even after completion of the sentence imposed by the court. 3) FROM WHAT LICENSES AND EMPLOYMENT ARE OFFENDERS BARRED? Legal bars to licenses and employment are contained in various laws enacted by the State Legislature. Some examples include employment as security guard, private investigator, insurance broker and many local civil service positions, as well as licenses to sell liquor wholesale or retail, and licenses for real estate brokers and notary publics. This is not a complete list. 4) HOW MAY MANDATORY DISABILITIES BE REMOVED? DOCCS, in its discretion, may issue a Certificate of Relief from Disabilities. A certificate may remove mandatory disabilities in general or only those specifically indicated by DOCCS. 5) WHO IS ELIGIBLE FOR A CERTIFICATE OF RELIEF? By law, you are eligible for a Certificate of Relief if you have not been convicted of more than one felony. For this purpose, two or more felony convictions stemming from the same indictment count as one felony. A Certificate of Relief may be issued upon an eligible individual’s release from a correctional facility or at any time thereafter.
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6) WHAT EFFECT DOES A CERTIFICATE OF RELIEF HAVE ON MY STATUS? A Certificate of Relief may remove any mandatory legal bar or disability imposed as a result of conviction of the crime or crimes specified in the certificate. The Certificate of Relief does not, however, enable you to retain or become eligible for public office. Note that removing mandatory legal bars restores your right to apply and be considered for employment or license, but does not guarantee it will be granted. A Certificate of Relief issued to you upon release or once you are on parole supervision is a temporary certificate. This certificate becomes permanent when you are discharged from supervision. While it is temporary, the certificate may be revoked by action of the Board of Parole. 7) WHO IS ELIGIBLE TO APPLY FOR A CERTIFICATE OF GOOD CONDUCT? In contrast to the Certificate of Relief, you are eligible for the Certificate of Good Conduct even if you have been convicted of more than one felony. You do not become eligible for a Certificate of Good Conduct, however, until a minimum period of time has elapsed from the date of your unrevoked release from custody by parole or from the date your sentence ended. In cases in which the most serious conviction is a misdemeanor, there must be at least one year of satisfactory community adjustment before a Certificate of Good Conduct can be considered. In cases in which the most serious conviction is a C, D or E felony, you must wait at least three years. In cases in which the most serious conviction is an A or B felony, you must wait at least five years. 8) WHAT EFFECT DOES A CERTIFICATE OF GOOD CONDUCT HAVE ON MY STATUS? A Certificate of Good Conduct has the same effect as the Certificate of Relief. In addition, the Certificate of Good Conduct may restore your right to seek public office. The certificate may remove all legal bars or disabilities or remove only specific bars or disabilities. The Certificate of Good Conduct issued to you while under parole supervision is a temporary certificate. The certificate will become permanent upon discharge from supervision. 9) HOW ARE CERTIFICATE APPLICATIONS SUBMITTED? If you have not completed your sentence, you cannot apply directly for a Certificate of Relief or a Certificate of Good Conduct. The application is submitted to DOCCS by Parole staff. If you are anticipating release consideration or are under parole supervision, you should discuss your desire to apply for a Certificate with your Parole Officer. If you have completed your sentence, you may apply directly to the Certificate Review Unit of the Division of Parole for Certificates of Relief or Good Conduct. If you were convicted
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in another state or by a federal court, you may apply directly upon release from custody to the Certificate Review Unit. 10) HOW ARE VOTING RIGHTS RESTORED? If you have been convicted of a felony, you lose the right to vote. This right is automatically restored when you complete your maximum sentence or are discharged by the Board of Parole. If you have been issued a Certificate of Relief from Disabilities or a Certificate of Good Conduct while on parole, you may register to vote. 11) WHERE MAY I OBTAIN MORE INFORMATION ABOUT CERTIFICATES OF RELIEF AND GOOD CONDUCT, AND ABOUT LICENSING AND EMPLOYMENT? Article 23 of the Correctional Law deals with Certificates of Relief from Disabilities and Certificates of Good Conduct. Article 23A of the Correction Law deals with licenses and employment of persons convicted of criminal offenses. Consult your Parole Officer about specific questions you may have.
Welcome Home Orientation Materials - 0022Section 5 - Discharge from Sentence
1) HOW CAN I FINISH WITH PAROLE? You can be discharged from Parole Supervision in one of four ways, Completion of Sentence, Merit Termination of Sentence, Mandatory Termination of Sentence and Early Discharge. 2) WHICH TYPE OF RELEASE AM I ELIGIBLE FOR? At the time of arrival or first interview with your assigned Parole Officer, ask them which type of discharge you may be eligible for. 3) HOW AM I ELIGIBLE FOR A MERIT TERMINATION OF SENTENCE? Parolee’s with certain qualifying non-violent felony convictions are eligible for discharge consideration after 12 months of satisfactory supervision. 4) HOW AM I ELIGIBLE FOR MANDATORY TERMINATION OF SENTENCE? As part of the recently passed Rockefeller Reform Law, certain A-1 non-violent felony convictions will be discharged after 24 months of satisfactory supervision. 5) HOW AM I ELIGIBLE FOR EARLY DISCHARGE? Parolees serving a violent felony offense with an indeterminate sentence are eligible for discharge by the Board of Parole after 36 months of satisfactory supervision. 6) MY CONVICTION AND SENTENCE DO NOT FALL INTO ONE OF THE PREVIOUSLY DISCUSSED CATAGORIES. AM I STILL ELIGIBLE FOR EARLY DISCHARGE CONSIDERATION? Certain convictions with a determinate sentence that includes a fix period of Post Release Supervision are not eligible at this time.
Welcome Home Orientation Materials - 0023Section 6 - Language Access
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Welcome Home Orientation Materials - 0025Section 7 - Post Release Parental Contact Notice/Requests
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FORM 9601bCS (07/13) STATE OF NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION Post-Release Notice to Individuals Subject to Community Supervision Regarding Requests to Have Parental Contact with Biological/Adopted Minor Child(ren) When a Condition of Supervision Limiting or Prohibiting Contact is Contemplated or Has Been Imposed Name:_________ DIN:_NYSID:_ Your release on community supervision is subject to certain conditions in order to increase your likelihood of being a law abiding member of the community. If you are the parent of a biological or adopted minor child and you have a special condition prohibiting or limiting contact with minors, and you wish to have contact with your child, you must make a request in writing to your Parole Officer for a determination regarding contact with your child. Written requests for parental contact will be reviewed and determined eligible for further processing once the following materials have been satisfactorily submitted by you to your assigned Parole Officer: 1. a statement that a condition of supervision exists that prohibits or limits contact with your minor child; and 2. a statement that you desire to have contact with such child; and 3. documentary proof that you are the biological or adoptive parent of the child; and 4. a statement that the child is under the age of 18; and 5. a signed statement from the other parent or guardian of the child that supports contact between you and the child; and 6. a statement made under the penalty of perjury that you are not aware of any Order of Protection or other Court Order prohibiting or limiting the type or level of contact with the child you are seeking. Once all materials are received and reviewed, an investigation will commence. You and the other parent/guardian of the child may be requested to sign release of information forms to assist in the investigation. Any special conditions limiting or prohibiting contact will apply while this investigation is pending. You will be provided written notice of the Department’s decision. If you wish to request contact with your child, please complete the attached form and submit it to your Parole Officer with all required documents.
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Welcome Home Orientation Materials - 0028Section 8 - Child Support
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If you are a noncustodial parent (parent not living with your child) and have a current child support order or child support debt that you cannot afford to pay, the NYC Office of Child Support Enforcement (OCSE) may be able to help you. We know for various reasons, you may owe a lot of child support debt or have an order that is out of line with your income. But we also know that most dads want to pay their child support and we want to help you do that. Kids who receive income from both parents do better in school and are less likely to grow up in poverty. Dads who pay child support are more likely to be actively involved in their children's lives. Families receiving cash assistance keep the first $100 ($200 for 2 more children) in child support collected each month. This is in addition to their cash assistance benefits. When the cash assistance case closes, all of the money collected for current support is forwarded to the custodial parent (parent living with and caring for the child). Over 90% of the child support payments collected by OCSE are forwarded to custodial parents to meet the needs of their children. In an effort to help you, Child Support has developed three programs that work with low-income noncustodial parents (NCPs) to reduce child support orders and arrears (child support debt) owed to the Department of Social Services (DSS). MDO can help low-income IMCPs who have child support orders that are not based on their current income. If your financial situation has changed since the order was established, or you did not present your financial information in court, MDO could help you. To Qualify: • Current child support order with at least one child on cash assistance • Income below the New York State Self-Support Reserve ($15,512 for 2013) or • Receiving Cash Assistance. SSI or Medicaid Benefit to You: Your child support order may be lowered to make it consistent with New York State guidelines; you can sign an agreement that will reduce the amount of your child support obligation without going to Family Court. Arrears Cap can put a limit on accumulated child support debt that you owe the government (DSS). To Qualify: • Must owe arrears to the government (DSS); not required to have current or active child support order • Arrears must have built up while NCPs income was below the Federal Poverty Leve! ($11,490 for 2013) Benefit to You: Arrears that you owe to DSS may be reduced down to $500; you do not have to return to court.
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ACP can help you reduce the amount of arrears owed to the government. To Qualify: • Owe arrears to DSS • No Income limit; not required to be living at or below poverty level. • Make full payments on your current child support order(s) for an entire year. If you do not have a current child support order, you must make full payments for an entire year on the obligation amount set in your last court order. • Have a current or past child support order that is or was above a poverty order of $25 per month • Have no more than $3,000 in the bank or more than $5,000 in property, such as cars, jewelry or real estate • No record of domestic violence or criminal record of crimes against children Benefit to You: You may receive a yearly credit of up to $5,000 towards the child support debt you owe to DSS. You can take advantage of ACP for 3 years and earn a total credit of $15,000 for each eligible case. You do not have to go to Family Court to apply for this program.
Welcome Home Orientation Materials - 0032CONTACT CHILD SUPPORT FOR MORE INFORMATION
New York State Child Support Customer Service Helpline Call Center: Monday - Friday 8AM to 7PM Automated Information 24hours/7days 888-208-4485 | 866-875-9975 (TTY) NYC OCSE www.nyc.gov/hra/ocse Fatherhood Information www.nyc.gov/nycdads NY State Child Support Information www.newyorkchildsupport.com OCSE Customer Service Walk-in Center 151 West Broadway, 4th Floor Monday-Friday SAM to 7PM
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Welcome Home Orientation Materials - 0034The Center for Employment Opportunities has recently added transitional job slots for parolees in New York City!
Start working immediately Pick up relevant skills while on the job Have a job to put on your resume Convenient locations all over the five boroughs Both day and night shifts available Earn a paycheck at the end of each day!
Welcome Home Orientation Materials - 00351. GETTING STARTED
Report to CEO at 32 Broadway, 6th Floor, on Fridays at 7am. Attend a five-day workshop and learn: How to discuss your conviction and gaps in your work history during a job interview Resume writing techniques Job-searching skills2. YOU NEED THE FOLLOWING FORMS AND DOCUMENTS:
Referral Forms from your Parole Officer Release Papers Social Security Card Birth Certificate Photo ID (If you do not have a form or document when you come to CEO. we can help you obtain them.)3. DIRECTIONS
Located between Exchange Place and Beaver Street in Manhattan. Nearby trains include: the 2, 3 at Wall Street; 4, 5 at Wall Street or Bowling Green; the 1, R at Rector Street; and the J, Z at Broad Street. 32 Broadway, New York, NY 10004 www.CROworks.org PHONE 212 422 4430 FAX 212 422 4855
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SOCIAL SECURITY ADMINISTRATION Application for a Social Security Card Applying for a Social Security Card is free! USE THIS APPLICATION TO: • Apply for an original Social Security card • Apply for a replacement Social Security card • Change or correct information on your Social Security number record IMPORTANT: You MUST provide a properly completed application and the required evidence before we can process your application. We can only accept original documents or documents certified by the custodian of the original record. Notarized copies or photocopies which have not been certified by the custodian of the record are not acceptable. We will return any documents submitted with your application. For assistance call us at 1-800-772-1213 or visit our website at www.socialsecurity.gov. Original Social Security Card To apply for an original card, you must provide at least two documents to prove age, identity, and U.S. citizenship or current lawful, work-authorized immigration status. If you are not a U.S. citizen and do not have DHS work authorization, you must prove that you have a valid non-work reason for requesting a card. See page 2 for an explanation of acceptable documents. NOTE: If you are age 12 or older and have never received a Social Security number, you must apply in person. Replacement Social Security Card To apply for a replacement card, you must provide one document to prove your identity. If you were born outside the U.S., you must also provide documents to prove your U.S. citizenship or current, lawful, work-authorized status. See page 2 for an explanation of acceptable documents. Changing Information on Your Social Security Record To change the information on your Social Security number record (i.e., a name or citizenship change, or corrected date of birth) you must provide documents to prove your identity, support the requested change, and establish the reason for the change. For example, you may provide a birth certificate to show your correct date of birth. A document supporting a name change must be recent and identify you by both your old and new names. If the name change event occurred over two years ago or if the name change document does not have enough information to prove your identity, you must also provide documents to prove your identity in your prior name and/or in some cases your new legal name. If you were born outside the U.S. you must provide a document to prove your U.S. citizenship or current lawful, work-authorized status. See page 2 for an explanation of acceptable documents. LIMITS ON REPLACEMENT SOCIAL SECURITY CARDS Public Law 108-458 limits the number of replacement Social Security cards you may receive to 3 per calendar year and 10 in a lifetime. Cards issued to reflect changes to your legal name or changes to a work authorization legend do not count toward these limits. We may also grant exceptions to these limits if you provide evidence from an official source to establish that a Social Security card is required. IF YOU HAVE ANY QUESTIONS If you have any questions about this form or about the evidence documents you must provide, please visit our website at www.socialsecurity.gov for additional information as well as locations of our offices and Social Security Card Centers. You may also call Social Security at 1-800-772-1213. You can also find your nearest office or Card Center in your local phone book. Form SS-5 (08-2011) ef (08-2011) Destroy Prior Editions
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EVIDENCE DOCUMENTS The following lists are examples of the types of documents you must provide with your application and are not all inclusive. Call us at 1-800-772-1213 if you cannot provide these documents. IMPORTANT : If you are completing this application on behalf of someone else, you must provide evidence that shows your authority to sign the application as well as documents to prove your identity and the identity of the person for whom you are filing the application. We can only accept original documents or documents certified by the custodian of the original record. Notarized copies or photocopies which have not been certified by the custodian of the record are not acceptable. Evidence of Age In general, you must provide your birth certificate. In some situations, we may accept another document that shows your age. Some of the other documents we may accept are: • U.S. hospital record of your birth (created at the time of birth) • Religious record established before age five showing your age or date of birth • Passport • Final Adoption Decree (the adoption decree must show that the birth information was taken from the original birth certificate) Evidence of Identity You must provide current, unexpired evidence of identity in your legal name. Your legal name will be shown on the Social Security card. Generally, we prefer to see documents issued in the U.S. Documents you submit to establish identity must show your legal name AND provide biographical information (your date of birth, age, or parents’ names) and/or physical information (photograph, or physical description - height, eye and hair color, etc.). If you send a photo identity document but do not appear in person, the document must show your biographical information (e g , your date of birth, age, or parents' names). Generally, documents without an expiration date should have been issued within the past two years for adults and within the past four years for children. As proof of your identity, you must provide a: • U.S. driver's license; or • U.S. State-issued non-driver identity card; or • U.S. passport If you do not have one of the documents above or cannot get a replacement within 10 work days, we may accept other documents that show your legal name and biographical information, such as a U.S. military identity card, Certificate of Naturalization, employee identity card, certified copy of medical record (clinic, doctor or hospital), health insurance card, Medicaid card, or school identity card/record. For young children, we may accept medical records (clinic, doctor, or hospital) maintained by the medical provider. We may also accept a final adoption decree, or a school identity card, or other school record maintained by the school. If you are not a U.S. citizen, we must see your current U.S. immigration document(s) and your foreign passport with biographical information or photograph. WE CANNOT ACCEPT A BIRTH CERTIFICATE, HOSPITAL SOUVENIR BIRTH CERTIFICATE, SOCIAL SECURITY CARD STUB OR A SOCIAL SECURITY RECORD as evidence of identity. Evidence of U.S. Citizenship In general, you must provide your U.S. birth certificate or U.S. Passport. Other documents you may provide are a Consular Report of Birth, Certificate of Citizenship, or Certificate of Naturalization. Evidence of Immigration Status You must provide a current unexpired document issued to you by the Department of Homeland Security (DHS) showing your immigration status, such as Form 1-551,1-94, or I-766. If you are an international student or exchange visitor, you may need to provide additional documents, such as Form I-20, DS-2019, or a letter authorizing employment from your school and employer (F-1) or sponsor (J-1). We CANNOT accept a receipt showing you applied for the document. If you are not authorized to work in the U.S., we can issue you a Social Security card only if you need the number for a valid non-work reason. Your card will be marked to show you cannot work and if you do work, we will notify DHS. See page 3, item 5 for more information. Form SS-5 (08-2011) ef (08-2011)
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