Legal Question in Criminal Law in New York

Jenna's law

I have a family member conviced of 2 counts of rape in the 1st,sentenced to a minimum 12 yrs max 24.He has served almost 13 years now.He is due for a reappearance for parole in dec.does jennas law count for felons convicted before it the law went into effect?And another question,He is a max ''A'' prisoner,it is mandatory for him to take a sex offenders class before the parole hearing but Auburn correctional facility does not offer this class so how can he stand a chance at parole??


Asked on 3/23/02, 9:06 am

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Jenna's law//Reply

Please do not be angry with me - I am simply the bearer of bad news. I have been a defense lawyer for 27 years, and have watched the NY system of "justice" evolve, for the worse.

He stands NO chance for parole for 2 reasons. First, the obvious - he has not taken "the class." The fact that they don't have the class there is irrelevant, but intentional. It is designed to be a "catch 22" to keep people in Prison.

The second reason is more subtle and insidious. Thanks to our Governor, the NYS prison system, "DOCS" actually makes money off of keeping "violent felony offenders" [which Rape 1 is], in jail by denying parole. The Federal Government - yours and my tax dollars - are given for every inmate with a violent felony that NY keeps in prison by denying parole, until they reach at 6/7 of their MAXIMUM time. Thus, a 24 year sentence, means that in reality [at least under the current political climate and rules], that he will not be paroled until he's done 20.5 years.

Write or call your State Legislator or Senator, and if you don't like what you hear, vote for someone else next November!

Good Luck to you and your family.

Don Rehkopf

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Answered on 3/23/02, 4:15 pm


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