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New York Parolee Can Be Subject to Living/Contact Special Condition

New York’s Supreme Court, Appellate Division, has held that a parole officer had authority to impose a special condition that prohibited a parolee from living with or contacting a “virtual stranger.”
The prisoner, Steven Dickman, sought to live with a woman who he only knew as a pen-pal and had never personally met when released form prison.
The Court held the parole officer had authority to impose the condition under 9 NYCRR 8003.3, which allows special conditions may be imposed upon release. Given Dickman’s history of grand larceny offenses, it was proper to impose the condition to prevent victimization of the woman.

The Court also found Dickman’s Freedom of Information Law request, which sought documents pertaining to an investigation surrounding his release, was properly denied for failure to exhaust administrative remedies. See: Dickman v. Trietley, 268 A.D. 2d 914 (N.Y. S. Ct. 2000).

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Related legal case

Dickman v. Trietley