The Parole Revocation Defense Unit, established in 1972 as the first program in the nation to represent parolees charged with violating the terms of their release from prison, provides legal representation and social work diversion services specifically to the indigent parolee population. Since 2004 PRDU has been the primary defender for parole violators charged within New York City, and has been assigned about 10,000 cases yearly. Many of our clients have special needs and issues that are obstacles to their ability to complete their parole supervision: drug addiction, mental illness, HIV/AIDS and other medical problems. PRDU attorneys work in a team with forensic social workers who, when appropriate, assess our clients’ needs and arrange for their placement in drug, medical or “MICA” (mental illness/chemical abuse) programs. Attorneys advocate for many clients’ diversion from prison into appropriate treatment. In other instances our attorneys challenge our clients’ charges through administrative hearings.
PRDU is also involved in litigating related issues that arise in the representation of our clients. One area in which we have had particular success springs from the decision in the Second Circuit Court of Appeals, Earley v. Murray, 451 F.3d 71 (2nd Cir. 2006) The Court there held that only a judge can impose a sentence on a convicted defendant – so that, in those instances where the judge failed to mention post-release supervision in the sentencing proceedings, any post-release supervision is illegal. By bringing Petitions for Writs of Habeas Corpus, PRDU has been responsible for over 90 of our clients being released from prison and permanently relieved from any further post-release supervision. We also recently argued this issue in the New York State Court of Appeals, and are at this writing awaiting a favorable decision that will correct the illegal sentences of thousands of New York State citizens.