NYS CoRR Platform Message     

NYS Coalition for Rehabilitation and Reentry

Parole

There are no comprehensive assessment tools for the commissioners to use to help determine whether the incarcerated person will be a risk to the community.  Parole Board members must make decisions based on the meager evidence available. There is a strong current perception that rehabilitation is not fully taken into account in parole board evaluations.

 

 1. Read, Take Pieces, & Edit the following Message: 
(or write your own)

NYS Division of Parole statistics show that the release rate has decreased markedly over the past decade.  (e.g.  The first appearance approval rate dropped from 66% in 1992 to 53% in 2001). The drop has been even more severe for long-termers convicted of a long-ago violent crime. The result is longer, expensive incarceration, - longer than necessary, given the rehabilitation record and the ability of many incarcerated persons to live within the law.


I urge your support of reform of the NYS Parole Policies and Practice as follows:

  • Ensure that parole decisions fully comply with Executive Law Section 259-i, including consideration of the institutional record, program goals and accomplishments, academic achievements, vocational education, training or work assignments, therapy, and interpersonal relationships with staff and other incarcerated persons.

    Require written explanations, in some detail, of the reasons for Parole Board decisions.
     
  • Develop and use a comprehensive risk assessment tool to help determine the risk factor of the incarcerated person, considering all the components above. 
     
  • Establish  clear statutory standards, creating, in most cases, a presumption of parole at the judicially imposed minimum, unless specified post sentencing factors exist. 
     
  • Establish, in each County, a Community Parole Advisory Council to develop and encourage use of specific community-based programs that allow the community to be directly involved in preparing and re-acclimating the parolee to the community.
     
  • Restore the Division of Parole’s latitude in the merit termination of parole after full risk assessment and years of successful reintegration by parolees.
     
  • Provide a gradual lifting of sanctions for people who are on parole, - that is, down grading in supervision from intense to minimum following the meeting of milestones that indicate "success" on parole or "successful transition."
     
  • Ensure that the Parole Board has an appropriate diversity of experience and background , and is thus representative of the communities from which the majority of incarcerated persons come, and to which they will return.
     
  • Strengthen the appeal process, giving further weight and consequence to the verdict of a judge of article 78


In support of the above, consider the truth of nine expert criminologists published in "Unlocking America," JFA Institute, Nov. 2007, www.jfa-associates.com :

Length of incarceration? Three facts: a) many prisoners are now serving longer prison terms; b) the longer prison terms are not proportionate to the severity of the crime they were convicted of; and c) the extension of their length of incarceration has no major impact on their recidivism rate, or crime rates in general.

For the same crimes, U.S. prisoners receive sentences twice as long as English prisoners, three times as long as Canadian prisoners, four times as long as Dutch prisoners, five times as long as Swedish prisoners and five to ten times as long as French prisoners. Yet these countries’ rates of violent crime are lower than ours, and their rates of property crime are comparable.

e.g. The rate of re-arrest (for any reason) for state prisoners released in 1994 was essentially constant (62%-66%) regardless of time served (6 months to 60 months) and was somewhat less (54%) for those serving 61 months or more.

Career criminals?  Of the total arrests in 1994-97, only 5% were the total arrests of prisoners released in 1994-97, and only 1% were the total arrests of released prisoners for violent crimes.

Just 1.2 % of those who served time for homicide and were released in 1994 were re-arrested for a new homicide within three years of release; and just 2.5% of released rapists   were arrested for another rape.  Sex offenders were less likely than non-sex-offenders to be re-arrested for any offense. Their rates of re-arrest for a new sex offense were only 5.3%.

Parole policy? There is little evidence that lengthy parole terms decrease crime or recidivism; there is no evidence that incarcerating people for non-compliance with the terms of parole prevents more serious crime. 

Justice Kennedy, in his recent speech before the American Bar Association, directed attention to the "remarkable scale" of incarceration in the United States, compared to other industrialized countries, the high proportion of African-American males incarcerated, and the high expenditures for prisons. He noted "Our resources are misspent, our punishments too severe, our sentence too long."

Savings.
For every 1% drop in the parole-release rate, at least 300 extra incarcerated persons will be maintained in the system at a cost of about $ 9 million dollars per year retained. Most who are denied parole are hit with another two years, and this often can happen repeatedly. Hence, a release rate drop of 10% means that the costs of that extra retention would build up to over $180 million per year. These are obtainable savings from a fairer  parole board process.

Children & families. Unnecessarily extended prison terms means that tens of thousands of NYS children further miss the daily love, instruction, and guidance of a parent who is in a NYS prison, and their development as full citizens is further jeopardized. Children of incarcerated persons are at risk, and have a higher probability of emotional distress, failure in school, and conflict with the law. Counteracting this exposure, earlier restoration of family unity can reduce the probabilities of later youth-breakdowns, drug use, crime and incarceration costs.

The Commission on Sentencing Reform report dated October 15, 2007 states: "The Commission believes that great strides can be made in the area of public safety by utilizing evidence-based practices when assessing and making decisions affecting offenders in order to reduce recidivism. Stated simply, an "evidence-based" practice is one that is measurable and repeatedly has been shown, through high-quality research, to reduce offender recidivism. At the heart of evidence-based practices is the adoption of a validated "risk and needs" assessment instrument which can assist sentencing judges -- as well as prison, probation and parole authorities -- to more accurately estimate the actual risk posed by an offender, identify personal deficits that have contributed to the offender's past criminality and target those deficits most likely to lead to further criminal behavior.”

"Parole should use the instrument to help determine, to the extent indeterminate sentencing is continued, which offenders are appropriate for release into the community and which continue to pose a significant threat to public safety. Parole and probation officials also should use it to help determine the type and intensity of offender programming, as well as the level of supervision that should be provided for any given offender while on parole or probation. Because "dynamic" factors routinely change, the instrument can be used to decrease or increase the level of supervision based upon offender progress or regress. Based on the foregoing, the Commission strongly recommends that the State adopt and utilize a validated risk and needs instrument throughout the criminal justice system."

 

 




 

    2. Send Your Email or Postal Message
             to some of the following:

DCJS Director 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 

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 

  
     

       


  

       
 
 

 

A summary of all 12 planks can be found at Summary

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