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NY Parole Reform: Less Is More Act

NY Parole Reform: Less Is More Act

It’s time to develop and advance solutions to address the collateral consequences of incarceration, namely, re-incarceration for technical violations of parole in New York.

WHY DO WE NEED CHANGE?

New York State has the second highest rate in the country of sending people back to prison for technical violations of parole (e.g., missing an appointment with a parole officer, failing a drug or alcohol screening, or being late for curfew).

In 2016, over 6,300 (65%) of those on parole who were reincarcerated, were locked up for technical parole violations. This is five times the national average. Only 14% of those reincarcerated in prison were convicted of a new crime while on parole.

Of this 6,300, Black people were reincarcerated in NYC jails for technical parole violations at 12 times the rate of white people, indicating a clear racial disparity.

In 2018, approximately 35,000 people in the state of New York were under active parole supervision, and at risk of reincarceration for technical parole violations.

HOW DOES THE LESS IS MORE ACT SOLVE THESE ISSUES?

Implementing Restrictions on the use of reincarceration for technical violations. This would effectively, eliminate reincarceration as a punishment for most technical violations, and cap jail time for particular technical violations at 30 days.

Providing eligibility for incentivized earned time credits. People reincarcerated for technical violations would be able to earn a 30-day reduction in their period of community supervision, for each 30-day period they do not violate the conditions of their parole.

Reinforcing Due Process. Allowing those under community supervision a recognizance hearing in their local criminal court in advance of detention, pending adjudication of these alleged violations of their parole conditions, regardless of whether they have been alleged to committed a technical violation or a new crime.

Ensuring speedy adjudication. Individuals on community supervision must be afforded a prompt adjudicatory hearing, upon alleged violation of their parole conditions.

Reinvesting savings. Savings from these reforms will be captured and used to fund costs related to implementation of the legislation and reinvested in non-profit organizations for affordable and supportive housing; treatment programs for substance abuse and mental health issues; and employment, education, and training services for those remaining under community supervision.

HOW CAN YOU HELP?

Call your representatives and tell them to support the #LessisMoreAct!

Governor Cuomo
Twitter: @NYGovCuomo
Phone: (518)-474-8390

Senate Majority Leader Stewart-Cousins
Twitter: @AndreaSCousins
Phone: Albany office: (518) 455-2585.
District office: (914) 423-4031

Senate Majority Leader Stewart-Cousins
Twitter: @AndreaSCousins
Phone: Albany office: (518) 455-2585.
District office: (914) 423-4031

Assembly Speaker Heastie
Twitter: @CarlHeastie
Phone: Albany office: (518)-455-3791
District office: (718)-654-6539

[1] United States Department of Justice, Bureau of Justice Statistics, Probation and Parole in the United States, 2016 (Apr. 2018), Appendix Table 7, available at https://www.bjs.gov/content/pub/pdf/ppus16.pdf#page=22.

[1] Id.

[1] Id. The remainder were reincarcerated for the purposes of treatment.

[1] NYS Department of Corrections and Community Supervision, Community Supervision Staffing Legislative Report, available at http://www.doccs.ny.gov/Research/Reports/2018/Community-Supervision-Staffing-Report-2018.pdf.

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