Legal Question in Criminal Law in New York
If after release, someone on parole is transferred to another state, and commits a crime. After he does his time in that state, and is extradited back to NY, do they incarcerate him on the time he had remaining, or until his expiration date?
1 Answer from Attorneys
If the individual has been paroled in NY, and his/her parole case has been properly transferred to state #2, and the individual commits a new crime, and a violation of parole has been determined in state # 2, the individual is then subject to the conditions of parole, and the laws governing revocation of parole in state #2. The laws governing parole revocation varies from state to state, with some states allowing for a partial revocation of the time remaining on the sentence, while others may allow or require full revocation of the balance of the prior sentence. The facts and circumstances of the new crime and parole violation will be a factor at a hearing for revocation. In any event, the state of NY will no longer have jurisdiction or power to determine what if any, amount of time will be served or revoked for the parole violation, as NY would have ceded power to adjudicate the parole violation if the parole case had been properly transferred to state #2.
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