Smith has been denied parole five times since 2002, most recently in April 2010. He is next eligible for parole in April 2012. If granted parole, Smith has stated an intent to return to Savona. He was held in a juvenile facility for six years. In 2001, he was transferred to the Clinton Correctional Facility in Dannemora, New York, a maximum security prison. As of April 9, 2010, Smith is still at Clinton Correctional Facility.