People ex rel Bell v. Santor

In People ex rel Bell v. Santor (21 AD3d 1192, 801 N.Y.S.2d 101 [3d Dept. 2005]), the Petitioner was released on parole and was allowed to move to South Carolina which supervised the Petitioner's parole pursuant to the Interstate Compact for Out-of-State Parole Supervision. The Petitioner was thereafter taken into custody in South Carolina pursuant to a New York parole violation warrant and a preliminary parole revocation hearing was held. The Petitioner alleged that the South Carolina authorities "failed to provide him with timely notice of the violation and failed to timely hold a preliminary parole revocation hearing." Id. at 1192. The Court held that the "petitioner's challenge of the preliminary parole revocation hearing was rendered moot by the final parole revocation determination". Bell at 1193. The Bell court went on to hold that "when an out-of-State parolee violates the conditions of his or her parole in the receiving state, there are no time periods specified for holding a preliminary revocation hearing or for providing the parolee notice of such hearing". Bell at 1193.