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NYS CoRR Platform
Message
NYS Coalition for Rehabilitation and Reentry
Pretrial Services
Pre-Trial services
can often provide a vital service in seeking an early corrective and restorative approach
to criminal behavior. It can investigate the background of the
defendant and circumstances of the offense. It can evaluate the feasibility of alternatives to detention and incarceration.
When appropriate, it can recommend remedial actions that
would deal with the recovery potential as well as the risks presented by the
defendant.
However, while much has already been achieved, the scope of Pre-Trial
Services has thus far been limited, and it varies by location. Early
identification of underlying problems and root causes of criminal behavior are
often diagnosed late or not at all. Remedial actions are often not taken,
and monitoring of compliance with desired actions are lacking. Early
assessments and recommendations are not necessarily known or considered
subsequently.
Probation and Correctional Alternatives are largely
funded by counties, possibly feeding a local budgetary preference for state
imprisonment.
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1. Read, Take Pieces, & Edit the following Message:
(or write your own)
A high priority for early
intervention can save productive lives, particularly of youth, which otherwise could be
jeopardized by unnecessary incarceration. Expanded Pre-Trial Services can make
early diagnosis and arrange timely remedial actions. Moreover, major
savings can result from these investments "at the front end," in avoidance of
unnecessary incarceration, crime, and recidivism.
In cases of convictions,
expanded Pre-Trial Services can set the stage for subsequently-successful
rehabilitation and reentry processes.
The NYS Commission on Sentencing Reform, in its report of
October 15, 2007, states: "A comprehensive risk and needs assessment conducted
as part of the pre-sentence (or pre-plea) investigation can provide the
sentencing judge with a clear picture of offender risk, deficits and strengths.
The assessment made during the pre-sentence investigation also should be made at
DOCS intake. Currently, DOCS uses a pre-sentence report prepared by the local
probation department as its primary document to determine programming for an
inmate. However, DOCS cannot control the sufficiency, accuracy or
comprehensiveness of such a report and most pre-sentence reports are not
sufficient to guide programming and other important decisions regarding an
inmate. A validated risk and needs instrument can be an invaluable tool for
conducting a comprehensive intake assessment which, in turn, should drive
offender programming."
I therefore urge you TO SUPPORT THE FOLLOWING:
Assessment and Redirection
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Pre-Trial Services should
be strengthened, using advanced risk and needs assessment tools, and these
services should be made available to all indigent defendants
throughout NYS. When done well, they should be of
increasing value in decisions of the Court.
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Pre-Trial Services should
more often play a key role in the initial
identification of risks and needs, and possible treatment of the offender.
Alcoholism, substance abuse, mental illness, and weakness in education, job
training, life skills, and cognitive skills can be understood, and, where
feasible, corrective
recommendations should be submitted to the court, in collaboration with counsel.
The Pre-Trial recommendations should, in more cases, include diversion to
alternatives to incarceration, with a "Service Plan" for
required rehabilitation programming.1
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These Pre-Trial assessments and recommendations should follow the
defendant, and be considered not only by the Court, but also by any subsequent
probation officers, counselors, parole board members and and parole
officers.
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In the case of a subsequent
conviction of the defendant, the Pre-Trial recommendations should guide
an incentive-based
rehabilitation plan for a
reentry process that begins at the time of conviction.
- Pre-Trial Service should further encourage building the elements of
restorative justice, including victim awareness, informally- acknowledged remorse for crime, repair
of damage, and steps to help avoid any recurrence of the crime. In selected
cases, a "Circle of Accountability and Support," composed of extended family
and responsible friends, should be formed to guide and mentor the offender.
Funding
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Increased funding must be
adequate to achieve the above, and to promote more universal and high quality Pre-Trial Services
throughout NYS. Greater investment should be made at this "front end"
of the justice system to redirect offenders, and to avoid unnecessary
incarceration, with consequent fiscal and social expense.
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State
compensation of counties for their funding of Probation and Correctional
Alternatives should be provided. This would help to avoid any local
cost-preference for state-funded prison rather than county-funded
alternatives to incarceration.
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2. Send Your Email
or Postal Message to your NYS District Legislators
and to some
of the following:
Denise O'Donnell,
infoDCJS@dcjs.state.ny.us
DOCS Commissioner Brian Fischer ..
bsfischer@docs.state.ny.us
Parole Director George Alexander ...
galexander@parole.state.ny.us
Parole Exec. Director Felix Rosa ...
frosa@parole.state.ny.us
State Director of Probation
& Correctional Alternatives Robert Maccarone:
robertmaccarone@dpca.state.ny.us
Senate: Crime Victims,
Crime & Corrections Comm.
Michael Nozzolio,
nozzolio@senate.state.ny.us
Dale Volker
volker@senate.state.ny.us
James Wright
wright@senate.state.ny.us
George Maziarz
maziarz@senate.state.ny.us
Eric Adams
eadams@senate.state.ny.us
Carl Kruger
kruger@senate.state.ny.us
V. Montgomery
montgome@senate.state.ny.us
Senate Codes Committee
Dean Skelos
skelos@senate.state.ny.us
Stephen Saland
saland@senate.state.ny.us
Serphin Maltese
maltese@senate.state.ny.us
John DeFrancisco
jdefranc@senate.state.ny.us
Eric Schneiderman
schneide@senate.state.ny.us
Thomas Duane
duane@senate.state.ny.us
John Sampson
sampson@senate.state.ny.us
Assembly Corrections Committee
Jeffrion Aubry
aubryj@assembly.state.ny.us
Harvey Weisenberg weisenh@assembly.state.ny.us
Keith Wright
wrightk@assembly.state.ny.us
Feliz Ortiz
ortizf@assembly.state.ny.us
Tom O'Mara
omarat@assembly.state.ny.us
Assembly Codes Committee
Joseph Lentol
lentolj@assembly.state.ny.us
Robin Schimminger
schimmr@assembly.state.ny.us
Mark Weprin
weprinm@assembly.state.ny.us
James Brennan
brennaj@assembly.state.ny.us
David Townsend
townsed@assembly.state.ny.us
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