Parole

What You Need to Know About the Less Is More Act

The Less Is More Act (LIM), which goes into full effect on March 1, 2022, includes some of the most sweeping reforms to parole in New York State. Many details of the law are still being developed, however certain provisions are in effect now, like limits on sanctions for technical parole violations and higher burdens of proof. Visit the page again for more details.

Who does this bill impact?

Anyone who is serving a NYS-imposed sentence of community supervision and is being monitored by the New York State Department of Corrections and Community Supervision (DOCCS)
People on life parole and those on parole for sex offenses may be impacted differently. Please see below for more details.

What does the LIM Act do?

Creates a pathway to finish parole early through earned time credits

Most people on parole will earn 30 days of time credit for every 30 days in the community. That means if a person on parole has no sustained violations for 30 days, they will have 30 days taken off their parole sentence. This could ultimately reduce a parole sentence by half.
When the law takes effect, people on parole will be eligible to receive up to two years of retroactive time credits. For the purposes of this calculation, any time spent incarcerated on a violation or in “absconder status” will not be credited. Additionally, for anyone incarcerated on a violation when this provision takes effect, their time will not be calculated until they are released.
The earned time credit provision takes effect March 1, 2022, but DOCCS has until September 17, 2022, one year after the bill’s signing, to award everyone their retroactive credit.
People on life parole are not eligible to earn time credits.

Ends automatic detention and incarceration for certain technical violations

Instead of being automatically jailed for a technical violation, people accused of these violations will receive a notice of violation to appear in a community court.
- Technical violations are alleged conduct that doesn’t involve the commission of a crime or violation of certain special conditions if on parole for a sex offense. Some examples of technical violations are a missed curfew, missed office report, or a positive drug test.
People accused of non-technical violations 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.
- A non-technical violation is when a parole officer accuses a person of committing a new felony or new misdemeanor OR
- Conduct by a person on parole for sex offense that violates a specific condition reasonably related to such offense.

Improves due process

LIM establishes the right to counsel at every stage of the parole revocation process and raises the standard of proof at every stage of the violation process.
People on parole now have a right to counsel at every stage of the parole revocation process.
Anyone accused of a parole violation is automatically entitled to a preliminary hearing.
- For detained individuals, preliminary hearings must take place within 5 days of when they are arrested on the parole warrant
- For non-detained individuals, preliminary hearings must take place within 10 days of the individual’s release on recognizance or when the notice violation was issued.
If sufficient proof is found at the preliminary hearing, the individual will proceed to a final hearing:
- For detained individuals, the final hearing must take place within 30 days of when sufficient proof is found at a preliminary hearing.
- For non-detained individuals, hearings must be held within 45 days.
LIM requires these hearings be conducted in the community rather than inside jails.

Sets limits on periods of incarceration for technical violations

Reincarceration is not permitted for the following technical violations:
- Violation of curfew
- Alcohol/substance use (unless the conviction is for driving under the influence)
- Failure to notify PO of a change in employment status
- Failure to pay surcharges and fees
- Obtaining a driver’s license or driving a car with a valid license unless explicitly prohibited by the person’s conviction.
- Failure to notify PO of police contact unless intended to hide illegal behavior.

For all other technical violations:
- 1st and 2nd violations: 0 days
- 3rd violation: 7 days
- 4th violation: 15 days
- 5th violation or more: 30 days
For absconding, which is defined in LIM as intentionally avoiding supervision by failing to maintain contact with the assigned parole office, not notifying parole officer of a change in residence, and that parole officer could not successfully re-engage with reasonable efforts:
- 1st violation: 7 days
- 2nd violation: 15 days:
- 3rd violation: 30 days.

Get Help

If you have questions or need legal guidance on your parole situation, call The Legal Aid Society’s Parole Revocation Defense Unit at 212-577-3500.

Other resources

For more information about the new law and the Less Is More NY campaign, please visit their website.

Translations

The information on this page is also available for download in the following languages:

Arabic
French
Hindi
Kreyol
Russian
Spanish

Disclaimer

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.

Last Updated: 4 March

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