In 2004, Sidney Burch was convicted of armed robbery and sentenced to two years in prison, with no post-release probation. While incarcerated, the New York State Department of Correctional Services (DOCS) added three years of post-release monitoring to Burch's sentence.
After being released in May of 2005, Burch was declared "delinquent" by the Division of Parole and reincarcerated. Of course, Burch challenged DOCS ' authority to impose post-release conditions and upon review the Appellate Division, Fourth Department, agreed.
Since such power is only within a court's province, Burch was ordered released from custody.
Shouldn't DOCS be docked?
To download a copy of the Appellate Division's decision, please use this link: People ex rel Sidney Burch v. Goord