The law mandated his release even though a parole panel had denied him early release. His maximum sentence would have kept him in prison until 2009 for sodomizing a 13-year-old Rockland boy in 1999 and sending pornographic materials by computer to another boy while awaiting sentencing.
Although his release is mandated by law, Kardian has been "unable to provide a viable residence to live," Parole Division spokesman Scott Steinhardt said.
He told parole officials of two possible residences, including one in Rockland.
"Neither was deemed appropriate," Steinhardt said.
Places can be considered inappropriate for a variety of reasons, including proximity to the victim, schools or other places where children congregate.
Kardian will remain in Downstate Correctional Facility in Fishkill until he can provide living arrangements approved by parole, Steinhardt said. If he is released, Kardian would be supervised by parole until June 2009. He would be required to undergo polygraph tests while being supervised by parole.
A state Parole Board panel denied Kardian an early release from prison in September 2004, saying, in part: "Parole is denied ... given the violence and serious criminal demeanor that you have demonstrated." Then-County Judge William Kelly, after a hearing, classified Kardian as a Level 3 high-risk sex offender. Kardian must report his address to his local police department for the rest of his life. The police can then notify schools and other facilities dealing with children of his address and criminal record.
Kardian pleaded guilty to sodomizing a boy, and Kelly sentenced him to 2 1/2 to 7 years in prison. Within 19 days of his guilty plea, when he was still awaiting sentencing on the Rockland charge, Kardian sent pornographic materials to a boy and arranged to meet the child for sex in White Plains.
The "boy" turned out to be an undercover Westchester County police officer and Kardian was arrested.
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