116 Misc. 758 | N.Y. Sup. Ct. | 1921
The relator was committed under a judgment and sentence of a competent tribunal to the penitentiary, “ there to be dealt with according to law.” The parole commission under its statutory authority conditionally released her after she had served a prison sentence of a year. The conditions of her parole were kept, excepting that she is reported by a probation officer to have failed to secure useful employment, which was one of the duties enjoined upon her as a prerequisite to the continuance of her parole. On this report the commission issued a -warrant for her retaking, and upon her arrest she was ordered recommitted to the penitentiary until such . time as the commission might discharge or again conditionally release her. This report of the probation officer was acted on in relator’s absence and without any opportunity of her being heard in refutation. Certiorari has been issued to inquire into her detention and to review the act of the commission. The Parole Commission Law (Laws of 1915, chap. 579) neither expressly nor impliedly gives this right of review of the commission’s decisions or determinations. The law permits that body to retake conditionally released prisoners during the maximum term of sentence (§5) and to make rules regulating recapture of such prisoners. Presumably, a rule allowing the recapture of a prisoner conditionally released may be made which permits the commission to issue its warrant when one of its officers reports a violation of a parole condition, and the determination thus made is not reviewable under the scheme of the law, else every . recapture would lead to a trial of the issue. Did the prisoner violate the parole? The conditional parole
Writ dismissed.
