The Legal Aid Society filed this class action lawsuit to challenge New York’s policy of jailing thousands of people accused of violating their parole conditions without providing them any opportunity to be considered for release during the months it takes to adjudicate their parole violation charges. These alleged parole violations were often minor, like failing to register a new address, reporting a change in employment, or for missing a meeting with a parole officer. In 2022, while the case was on appeal in the Second Circuit, the case was mooted out by New York’s enactment of the Less is More Act, legislation that Legal Aid advocated for.  

The Less is More Act limits the sanctions for technical parole violations and created stronger due process standards in the parole revocation context. As of March 1, 2022, people accused of technical parole violations will receive a notice of violation to appear in a community court instead of being automatically jailed. People accused of a non-technical violation or those who are accused of absconding and did not appear for their notice of violation will receive a criminal court recognizance hearing within 24 hours of their arrest to determine whether they will stay incarcerated pending the outcome of the violation proceedings. And critically, Less is More established a right to counsel at every stage of the parole revocation process.  

Learn more about the Less is More Act.