how to fight parole conditions ks attorney

How do I apply for parole in Kansas?

Find the right Kansas Parole and Probation lawyer from 44 local law firms. Get peer reviews and client ratings averaging 3.7 of 5.0.

How do I fight a parole board decision?

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How do I apply for executive clemency in Kansas?

Jul 09, 2020 · Kansas Law stipulates that the Board may release on parole those inmates who have satisfactorily completed the Program Agreement, required by the K.S.A. 75-5210a, whom the Board believes are able and willing to fulfill the obligations of a law-abiding citizen, and when the Board is of the opinion that there is a reasonable probability that the ...

What happens when you violate parole?

Jul 09, 2020 · If an attorney is retained for clemency purposes, the attorney must submit the Attorney Affidavit called for in K.S.A. 22-3706. When complete, send all documents to the Prisoner Review Board at: Kansas Department of Corrections ATTN: Prisoner Review Board 714 SW Jackson, Suite 300 Topeka, Kansas 66603

What happens if a parolee violates the conditions of his parole?

WHAT HAPPENS IF A PAROLEE VIOLATES THE CONDITIONS OF HIS PAROLE? The parolee shall be rearrested and recommitted or returned to prison to serve the unexpired portion of the maximum period of his sentence.

What happens if you violate parole in Kansas?

(a) At any time during release on parole, conditional release or postrelease supervision, the secretary of corrections may issue a warrant for the arrest of a released inmate for violation of any of the conditions of release, or a notice to appear to answer to a charge of violation.

What is parole eligibility date?

The "parole eligibility date" is the earliest time the offender might be paroled. If the Parole Commission decides to grant parole, it will set the date of release, but the date must be on or after the "eligibility" date. The process begins at sentencing.Sep 29, 2015

Do you have rights while on parole?

The U.S. Constitution and its amendments protect everyone in the United States, including prisoners. For example, the First Amendment protects your constitutional righto free speech. You still have that right in prison. You also still have it on probation or parole.Mar 16, 2021

How does parole work in Kansas?

For sentences with a one-year minimum, parole eligibility is reached after serving nine months. By statute, the Board must conduct a parole hearing during the month prior to the inmate's parole eligibility date with the inmate present if he/she is incarcerated in Kansas.Jul 9, 2020

What is post incarceration in Kansas?

Post-release supervision This is the period of time during which an offender serving a determinate sentence is supervised in the community following release from the prison portion of the offender's sentence.Feb 29, 2012

What are the four most important factors parole boards consider before granting release on parole?

Second, institutional behavior, incarceration length, crime severity, criminal history, mental illness, and victim input are among the most influential factors affecting parole release for parole-eligible inmates.

What would disqualify you for serving on parole board?

Disqualification for Parole. The following prisoners shall not be granted parole: a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment; b. Those convicted of treason, conspiracy or proposal to commit treason or espionage; c.Jun 27, 2015

How can I get early release?

You may be eligible for early release if you are:Age 70 or older, have served at least 30 years, and were sentenced on or after November 1, 1978;Age 65 or older, have served at least 50% of your sentence, and have a serious and irreversible aging-related medical condition; or.More items...

What are the two types of parole conditions?

There are two types of parole violations: convicted and technical. Convicted violators break their terms by committing a new crime, while a technical violator has violated any term of their parole without committing an additional offense.Jun 17, 2020

Who sets the conditions of parole?

Parole conditions are certain rules that are to be followed by a person when he/she is released from prison on parole. Parole conditions may include both standard and general conditions. In the U.S., state parole boards are responsible for setting standard parole conditions.

Can the conditions attached on parole be modify?

The court may modify the conditions of probation or revoke the same. If the violation is serious, the court may order the probationer to serve the prison sentence.

What is post release supervision in Kansas?

Post-release supervision is similar to conditional release. Post-release supervision begins when an inmate has served the maximum sentence, less good time credits. Each sentence has its own predetermined period of supervision and the inmate may earn good time in an amount no greater than 15-20 percent (depending on when the crime occurred) of the sentence, thereby reducing the portion of the sentence that must be served in prison. This amount of time, however, will then be added to the period of post-release supervision, so that the entirety of the term will not be affected or reduced. Therefore, since the inmate’s release date is predetermined, the Prisoner Review Board’s role at release is to set the conditions of the supervision period. Once the individual reaches the expiration date of his/her supervision period, the individual’s obligation to the state has been satisfied.

What happens after a parole officer is released?

In general, after an inmate has been released on parole, conditional release or post-release supervision, the Secretary of Corrections may issue a warrant when a violation of parole, conditional release or post-release supervision has been established. This process is initiated by an offender’s Parole Officer, not by the Prisoner Review Board. If the Parole Officer wishes to pursue revocation proceedings, a probable cause/ preliminary hearing is conducted by the field parole staff and an impartial hearing officer. If probable cause is found, the inmate may be returned to the Department of Corrections’ custody. The offender is then scheduled for a revocation hearing before the Prisoner Review Board. The inmate has the right to have witnesses present who may have information relevant to the alleged violation. If the violation is established to the satisfaction of the Board, it may revoke the parole, conditional release or post-release or take any other appropriate action. In the case that the release is revoked, this action could include assessment of a penalty in the nature of further time which the inmate must serve before again being considered by the Board for release.

What happens if probable cause is found?

If probable cause is found, the inmate may be returned to the Department of Corrections’ custody. The offender is then scheduled for a revocation hearing before the Prisoner Review Board. The inmate has the right to have witnesses present who may have information relevant to the alleged violation.

What is executive clemency?

Executive Clemency is an extraordinary method of relief and is not regarded as a substitute for parole. An inmate who believes that he/she has a deserving case for executive clemency may request the necessary applications from institutional staff. Once completed by the inmate, these forms are submitted to the Board, along with the inmate’s reasons for applying for clemency. As required by law, a notice of the inmate’s application is forwarded to the official county newspaper in the area of conviction so that interested parties may offer comments. In the event the inmate does not have sufficient funds for the cost of this publication, the Department of Corrections bears the cost. Comments are solicited from the sentencing judge and the prosecuting attorney. After the formalities have been accomplished, the Board conducts a file review to determine if a personal interview with the inmate is warranted. After reviewing the file, and conducting a hearing (if needed), the Board then submits a recommendation to the Pardon Attorney in the Governor’s office for the Governor’s final action.

What is parole eligibility?

Parole eligibility is viewed by the Board as distinctly different from parole suitability. During the parole hearing the inmate is given an opportunity to: Present to the Board the inmate’s version of the offense and any mitigating or precipitating factors; Discuss the inmate’s prior criminal history; Discuss the progress the inmate has made and ...

How long is good time in prison?

Currently, good time is earned at a rate of one day for every day served for sentences with a minimum of two years.

Can an inmate appeal a parole decision?

An inmate has the right to appeal a parole decision under authority of K.A.R. 45-200-2 (b), when he/she can present “new evidence which was unavailable at the prior hearing.”. The appeal must be made in writing and specify the new evidence upon which the inmate relies.

What is executive clemency?

Executive clemency is considered a means to remedy a miscarriage of justice. It is an extraordinary method of relief and should not be regarded as a substitute for parole.

Who can grant clemency?

Although clemency can only be granted by the Governor, the Prisoner Review Board receives the information necessary to fulfill its statutory role of preparing a clemency packet and issuing a recommendation to the Governor. Following are the instructions for completing a clemency application:

How to challenge parole?

To challenge a grant of parole. Write a report to the board deciding the convict's parole to outline any information. The board may then treat that document as a victim's impact statement. Any such written statement will remain in the convict's file after the parole hearing, but the convict will also be able to review it.

Who is John Comerford?

Writer Bio. John Comerford writes for "Discuss America," having previously worked for the same editor on Yahoo's "Third Party and Independents" page. He has written for "The South Shore Skeptic" and he won 1st place in WriteOn's 2010 competition for a travel article on a place the writer had never visited.

Can you get shock probation in Ohio?

In Ohio, Kentucky and other states (see Resources), a first-time offender may be able to ask the original judge of your case to release you after a certain period of confinement. The law may forbid him from releasing violent or sexual offenders through this program, but he may be willing to apply it in other cases.

What is due process in parole?

This means you have the right to a hearing, hear evidence presented against you, and the right to defend yourself.

What does a parole hearing officer do?

The hearing officer then reviews each alleged violation of parole. The parolee is provided the opportunity to deny or admit any parole violation.

What is parole violation?

Parole violation may mean harsh penalties, such as a significant fine, extended probation term, jail or prison time, or more. In general, parole violation happens if you refuse, ignore, avoid, or break the conditions and terms established when parole is granted.

How long does it take for parole to be revoked?

The parolee is then advised about the conclusion and why the board reached it: If the parole board moves to revoke parole, the parolee has 60 days from the decision date to ask for a reopening of the hearing.

Do parolees live in fear?

Some parolees live in fear of violating any of the conditions of their parole. Some conditions are quite easily violated and, at a parole revocation hearing, the burden of proof is lower than proving the individual is guilty of a crime.

What happens if you violate parole?

A single violation of parole can result in returning the violator to jail or prison: If the hearing officer finds the hearing officer didn’t meet the burden of proof, he or she enters a “no finding of a preponderance of credible evidence.”. This finding is like a not guilty verdict in a criminal case.

Can parole be revoked?

At that point, the hearing officer recommends that parole should not be revoked. If the hearing officer finds that credible evidence shows the parolee violated one or more conditions of parole, the hearing proceeds to the adjustment phase. At that point, both sides present evidence concerning the parolee’s performance and compliance to date.

Why do parolees want to transfer to another county?

Reasons for atransfer include avoiding the environment that led to the crime or benefitting from family supportavailable in another county.

What are the conditions for parole?

These conditions includereporting to a parole agent the first working day after release from prison and thereafter asdirected by the parole agent, obeying parole agent instructions, not committing crimes, and notowning or having access to any weapons.

How long does it take for a CDCR to release a prisoner?

The CDCR should complete a Release Program Study and notify a prisoner of his or herconditions of parole 45 days prior to the prisoner’s release date; the prisoner will be asked to sign

Which court has the authority to impose parole conditions?

The CDCR has the authority to impose parole conditions. The BPH also has the authorityto impose parole conditions in lifer cases, as well as in cases in which a prisoner was released on

Can a parolee sign a notice?

If possible, it is usually best for a parolee to sign the “Notice and Conditions of Parole”and comply with them while taking the steps necessary to challenge the disputed condition. Otherwise the parolee may end up having to spend additional time in custody while the matter isbeing resolved.

What is Prop 36?

Proposition 36 allows or requires a judge to send a parolee convicted of a nonviolent drugpossession offense (possession, use, or transportation of controlled substances) or a violation ofany drug-related condition of parole to a certified drug treatment program if the drug charge isthe only parole violation and the parolee has not failed in prior Prop. 36 treatments. The types ofparole violations for which Prop. 36 may be used include failure to participate in drug testing;possession or use of a controlled substance; possession of paraphernalia; presence in a placewhere drugs are used, sold, or given away; or failure to register pursuant to Health and SafetyCode § 11590. If a parolee is revoked for a non-violent drug offense and other technicalviolations of parole, the BPH or court can return him or her to custody based on the non-drug-related violation.204/

Can money be kept in a trust account?

Money brought to, earned, or received in prison can be kept in a trust account. Anymoney in a prisoner’s trust account, plus interest, must be given to the prisoner upon release.98/

Duties of The Board

• K.S.A. § 20-2302 states that the Board will have the power to make all needed rules and regulations concerning terms and conditions of parole and applications for parole. There is no need for any formal or technical form of application. The Board so constituted can hold regular meetings at such times as its members consider necessary. All records, hearings, and proceedi…

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Grounds For Release on Parole

Conditions For Parole

Authority of The Board

Parole Officers

Pardon