Statement from DOCCS Spokesperson Thomas Mailey: The Board of Parole does not have authority to commit someone to civil confinement. The Board of Parole is the sole entity that considers paroleeligibility. The Board is an independent body that adheres to statutory requirements that take into consideration a number of factors prior to making any final determination. Like many other states, the Board must consider more than an inmate's crime of conviction, including statements made by victims and victim’s families if submitted, consider an inmate’s criminal history, institutional accomplishments, potential to successfully transition back into the community, and perceived danger to public safety.
On Background: Here are Thomas Kennedy’s conditions of release from the Board of Parole:
CONDITIONS OF RELEASE:
I WILL SEEK,OBTAIN,AND MAINTAIN EMPLOYMENT AND/OR AN ACADEMIC/
VOCATIONAL PROGRAM.
I WILL SUBMIT TO REDACTED AS DIRECTED BY THE P.O.
I WILL PARTICIPATE IN A SUBSTANCE ABUSE TREATMENT PROGRAM AS
DIRECTED BY THE P.O.
I WILL NOT CONSUME ALCOHOLIC BEVERAGES.
I WILL NOT FREQUENT ANY ESTABLISHMENT WHERE ALCOHOL IS SOLD OR
SERVED AS ITS MAIN BUSINESS WITHOUT THE PERMISSION OF THE P.O.
I WILL ABIDE BY A CURFEW ESTABLISHED BY THE P.O.
I WILL PARTICIPATE IN ANTI-AGGRESSION/ANTI-VIOLENCE COUNSELING AS
DIRECTED BY THE P.O.
I WILL NOT ASSOCIATE IN ANY WAY OR COMMUNICATE BY ANY MEANS WITH
(OTHER) REDACTED WITHOUT THE PERMISSION OF THE P.O.
OTHER - GEOGRAPHIC RESTRICTIONS PER P.O.
I WILL ABIDE BY THE MANDATORY CONDITION IMPOSED BY THE SEXUAL
ASSAULT REFORM ACT, CHAPTER 1 OF THE LAWS OF 2000 ("SARA").
I WILL NOT USE OR POSSESS ANY MEDICATIONS OR SUPPLEMENTS DESIGNED
OR INTENDED FOR THE PURPOSE OF ENHANCING SEXUAL PERFORMANCE OR
TREATING ERECTILE DYSFUNCTION WITHOUT THE WRITTEN PERMISSION OF MY
PAROLE OFFICER AND THE APPROVAL OF HIS OR HER AREA SUPERVISOR.
I WILL PARTICIPATE IN THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION'S POLYGRAPH PROGRAM AS DIRECTED BY MY PAROLE OFFICER. I
UNDERSTAND THAT THIS WILL INCLUDE PERIODIC POLYGRAPH SESSIONS
CONSISTING OF A PRE-EXAMINATION INTERVIEW, POLYGRAPH EXAMINATION, AND
POST-TEST INTERVIEW WITH THE POLYGRAPH EXAMINER OR MY PAROLE OFFICER.
I WILL NOT USE THE INTERNET TO ACCESS PORNOGRAPHIC MATERIAL,
ACCESS A COMMERCIAL SOCIAL NETWORKING WEBSITE, COMMUNICATE WITH OTHE
INDIVIDUALS OR GROUPS FOR THE PURPOSE OF PROMOTING SEXUAL RELATIONS
WITH PERSONS UNDER THE AGE OF EIGHTEEN, AND COMMUNICATE WITH A PERSO
UNDER THE AGE OF EIGHTEEN UNLESS I RECEIVE WRITTEN PERMISSION FROM
THE BOARD OF PAROLE TO USE THE INTERNET TO COMMUNICATE WITH A MINOR
CHILD UNDER EIGHTEEN YEARS OF AGE WHO I AM THE PARENT OF AND WHO I A
NOT OTHERWISE PROHIBITED FROM COMMUNICATING WITH.
YOU SHALL NOT BE RELEASED UNTIL THE BOARD OF PAROLE AND DEPARTMEN
OF CORRECTIONS AND COMMUNITY SUPERVISION ARE INFORMED OF THE SEX
OFFENDER RISK LEVEL THAT HAS BEEN OR WILL BE ESTABLISHED BY A COURT
OF COMPETENT JURISDICTION PURSUANT TO CORRECTION LAW 168-N.
I WILL NOT OWN, USE, POSSESS, PURCHASE OR HAVE CONTROL OF ANY
COMPUTER, COMPUTER RELATED MATERIAL, ELECTRONIC STORAGE DEVICES,
COMMUNICATION DEVICES AND/OR THE INTERNET UNLESS I OBTAIN PRIOR
WRITTEN PERMISSION FROM MY PAROLEOFFICER. FURTHERMORE, IF APPROVED:
IF I AM PERMITTED BY MY PAROLEOFFICER TO POSSESS A COMPUTER AT
MY RESIDENCE, PERMISSION WILL BE GRANTED FOR ONLY ONE COMPUTER.
I WILL PROVIDE ALL PERSONAL, BUSINESS, PHONE, INTERNET SERVICE
PROVIDER, AND/OR CABLE RECORDS TO MY PAROLE OFFICER UPON REQUEST.
I WILL PROVIDE COPIES OF FINANCIAL DOCUMENTS TO MY PAROLE
OFFICER UPON REQUEST. THESE DOCUMENTS MAY INCLUDE, BUT ARE NOT
LIMITED TO, ALL CREDIT CARD BILLS, BANK STATEMENTS, AND INCOME TAX
RETURNS.
I WILL PROVIDE ALL USER IDS AND PASSWORDS REQUIRED TO ACCESS
THE COMPUTER, MY C.M.O.S. AND BIOS, INTERNET SERVICE PROVIDER,
ANY/ALL EMAIL ACCOUNTS, INSTANT MESSAGING ACCOUNTS, ANY REMOVABLE
ELECTRONIC MEDIA, INCLUDING BUT NOT LIMITED TO MEDIA SUCH AS SMART
CARDS, CELL PHONES, THUMB DRIVES AND WEB VIRTUAL STORAGE.
I WILL PROVIDE MY PAROLE OFFICER WITH MY PASSWORD AND USER ID
FOR ANY APPROVED DEVICE.
I ACKNOWLEDGE THAT INDIVIDUALS WHO HAVE ACCESS TO MY COMPUTER
SYSTEM AND/OR OTHER COMMUNICATION OR ELECTRONIC STORAGE DEVICES WILL
ALSO BE SUBJECT TO MONITORING AND/OR SEARCH AND SEIZURE. I AGREE TO
BE FULLY RESPONSIBLE FOR ALL MATERIAL, DATA, IMAGES AND INFORMATION
FOUND ON MY COMPUTER AND/OR OTHER COMMUNICATION OR ELECTRONIC STORAGE
DEVICES AT ALL TIMES.
I WILL NOT CREATE OR ASSIST DIRECTLY OR INDIRECTLY IN THE
CREATION OF ANY ELECTRONIC BULLETIN BOARD SYSTEM, SERVICES THAT
PROVIDE ACCESS TO THE INTERNET, OR ANY PUBLIC OR PRIVATE COMPUTER
NETWORK WITHOUT PRIOR WRITTEN APPROVAL FROM MY PAROLE OFFICER.
I WILL NOT USE ANY FORM OF ENCRYPTION, CRYPTOGRAPHY,
STEGANOGRAPHY, COMPRESSION AND/OR OTHER METHOD THAT MIGHT LIMIT
ACCESS TO, OR CHANGE THE APPEARANCE OF, DATA AND/OR IMAGES WITHOUT
PRIOR WRITTEN APPROVAL FROM MY PAROLEOFFICER.
I WILL NOT ATTEMPT TO CIRCUMVENT, ALTER, INHIBIT, OR PREVENT
THE FUNCTIONING OF ANY MONITORING OR LIMITING EQUIPMENT, DEVICE OR
SOFTWARE THAT HAS BEEN INSTALLED BY OR AT THE BEHEST OF, OR IS BEIN
UTILIZED BY, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISIO
FOR THE PURPOSES OF RECORDING, MONITORING OR LIMITING MY COMPUTER
OR INTERNET USE AND ACCESS, NOR WILL I TAMPER WITH SUCH EQUIPMENT,
DEVICE OR SOFTWARE IN ANY WAY.
I WILL COOPERATE WITH UNANNOUNCED EXAMINATIONS DIRECTED BY MY
PAROLE OFFICER OF ANY AND ALL COMPUTER(S) AND/OR OTHER ELECTRONIC
DEVICE(S) TO WHICH I HAVE ACCESS. THIS INCLUDES ACCESS TO ALL DATA
AND/OR IMAGES STORED ON HARD DISK DRIVES, FLOPPY DISKETTES, CD ROMS,
OPTICAL DISKS, MAGNETIC TAPE, CELL PHONES, AND/OR ANY OTHER STORAGE
MEDIA WHETHER INSTALLED WITHIN A DEVICE OR REMOVABLE.
I WILL INSTALL OR ALLOW TO BE INSTALLED, AT MY OWN EXPENSE,
EQUIPMENT AND/OR SOFTWARE TO MONITOR OR LIMIT COMPUTER USE.
I WILL PROPOSE A RESIDENCE TO BE INVESTIGATED BY THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION AND WILL ASSIST THE DEPARTMENT
IN ANY EFFORTS IT MAY MAKE ON MY BEHALF TO DEVELOP A RESIDENCE.
IF I AM DEEMED A LEVEL 3 RISK PURSUANT TO ARTICLE 6-C OF THE
CORRECTION LAW - OR - I AM SERVING ONE OR MORE SENTENCES FOR
COMMITTING OR ATTEMPTING TO COMMIT ONE OR MORE OFFENSE(S) UNDER
ARTICLES 130, 135 OR 263 OF THE PENAL LAW OR SECTIONS 255.25, 255.26
OR 255.27 OF THE PENAL LAW AND THE VICTIM OF SUCH OFFENSE(S) WAS
UNDER 18 YEARS OF AGE AT THE TIME OF THE OFFENSE(S), AND AS SUCH I
MUST COMPLY WITH SECTION 259-C(14) OF THE EXECUTIVE LAW, I WILL NOT
BE RELEASED UNTIL A RESIDENCE IS DEVELOPED AND IT IS VERIFIED THAT
SUCH ADDRESS IS LOCATED OUTSIDE THE PENAL LAW DEFINITION OF SCHOOL
GROUNDS AND IS APPROVED BY THE DEPARTMENT.
IN PERTINENT PART, EXECUTIVE LAW SECTION 259-C(14) PROVIDES:
"THE BOARD SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH RELEASE,
THAT SUCH SENTENCED OFFENDER SHALL REFRAIN FROM KNOWINGLY ENTERING
INTO OR UPON ANY SCHOOL GROUNDS, AS THAT TERM IS DEFINED IN
SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, OR ANY OTHER
FACILITY OR INSTITUTION PRIMARILY USED FOR THE CARE OR TREATMENT OF
PERSONS UNDER THE AGE OF EIGHTEEN WHILE ONE OR MORE OF SUCH PERSONS
UNDER THE AGE OF EIGHTEEN ARE PRESENT,..."
PENAL LAW SECTION 220.00(14)
"SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING,
STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED
WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE
ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH
SCHOOL, OR (B) ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE
THOUSAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH
SCHOOL OR ANY PARKED AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED
WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDARY LINE
COMPRISING ANY SUCH SCHOOL. FOR THE PURPOSES OF THIS SECTION AN "AREA
ACCESSIBLE TO THE PUBLIC" SHALL MEAN SIDEWALKS, STREETS, PARKING
LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
