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.
 

     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

  • 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.
     

  • 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
     

  • 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.
     

  • 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

  • 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.
     

  • 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.
     

    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 

   

 


A summary of all 12 Coalition Planks can be found at
Summary

Please indicate your support of this platform by signing the Petition