Relates to expanding prison work release program eligibility and participation

Summary of provisions

Section 1: Amends subdivision 2 of section 851 of the correction law, as amended by chapter 60 of the laws of 1994, the opening paragraph as amended by chapter 320 of the laws of 2006, and the closing paragraph as amended by section 42 of subpart B of part C of chapter 62 of the laws of 2011 by expanding the definition of "eligible inmate" to include those persons who will become eligible for parole or conditional release within three years. Those persons incarcerated for an offense involving the use or threatened use of a deadly weapon or dangerous instrument will now qualify as an "eligible inmate" when they will become eligible for parole or conditional release within thirty months. Persons ineligible for work release was expanded to include those under sentence for (1) an act of terrorism or (2) for an offense involving sexual performance of a child. Additionally, section 1 contains an amendment which would withdraw the governor's ability to issue an executive order to exclude or limit inmates from participating in work release, and gives the commissioner of DOCCS the responsibility of enacting regulations which would provide support to work release participants.

Section 2: Amends subdivision 2 of section 851 of the correction law, as amended by chapter 447 of the laws of 1991, the opening paragraph as amended by chapter 252 of the laws of 2005, and the closing paragraph as amended by section 43 of subpart B of part C of chapter 62 of the laws of 2011 by expanding the list of ineligible inmates to include persons under sentence for: (1) aggravated harassment of an employee by an inmate, (2) homicide, (3) sex offense, (4) terrorism, or (5) an offense involving sexual performance of a child. Additionally, section 2 contains an amendment which would withdraw the governor's ability to issue an executive order to exclude or limit inmates from participating in work release, and gives the commissioner of DOCCS the responsibility of enacting regulations to determine which inmates are eligible to participate in work release.

Section 3: Amends subdivision 2 of section 851 of the correction law, as added by chapter 472 of the laws of 1969 by expanding the definition of "eligible inmate" to include those persons who will become eligible for parole or conditional release within three years.

Section 4: Amends subdivision 2-a of section 851 of the correction law, as added by chapter 251 of the laws of 2002 by expanding the definition of "eligible inmate" to include those persons who will become eligible for parole or conditional release within three years.

Section 5: Amends subdivision 2-b of section 851 of the correction law, as added by chapter 738 of the laws of 2004 to include additional merit time in calculating a person's eligibility date for parole or conditional release.

Existing law

The current law does not allow inmates to participate in work release programs until two years prior to the date on which they will become eligible for parole or conditional release. Additionally, current law allows those under sentence for terrorism and offenses involving the sexual performance of a child to participate in work release. The proposed law would expand the particular sentences that are ineligible for work release participation to include these two crimes.

Justification

This legislation will ensure that eligible inmates will be able to participate in prison work release programs. Changes in sentencing laws throughout the years have resulting in more and more people serving determinate rather than indeterminate sentences. At its peak in 1994, 24,055 individuals participated in the work release program. As of 2010, program participation has plummeted to 1,910. In the two year period from 2009 to 2010 alone, the number of new admissions to the program was halved - in 2009, 416 applicants were accepted into the program, while in 2010, only 201 applicants were accepted. This low admission rate is not for lack of inmate interest in the program. In 2010, about 24,269 incarcerated people applied to participate in the program, but only 702 people were accepted into work release as a stand alone program or work release as part of the Comprehensive Alcohol and Substance Abuse Treatment (CASAT) program. This means that only 4% of all Temporary Release program applicants are accepted into the program.

A revitalized Temporary Release program is fully consistent with the underlying goals of the recent merger of the New York Department of Correctional Services and the Division of Parole to form the Department of Corrections and Community Supervision (DOCCS), which include enhanced public safety through the promotion of individuals' successful reentry and reintegration into the community. The Temporary Release program has limitless potential to further this purpose. Temporary Release provides for a structured transition from incarceration to life in the community, helping participants to develop the work, educational, and basic life management skills they need to become law-abiding, contributing members of their communities. The evidence has shown that programs like Temporary Release are effective at reducing recidivism, which enhances public safety. Participation in the Temporary Release program provides a sound and accurate picture of a person's readiness for release to the community as a law-abiding citizen. Not only does it aid the board in making decisions about readiness for release, it can also be an invaluable resource to help DOCCS staff identify the supports a person needs while being supervised in the community. For example, it can help identify the need for better job skill development, the need for more education to further career advancement, or the need for ongoing after-care to address a substance abuse problem.

Temporary Release is an exceptionally cost-effective program; indeed, a robust Temporary Release program is a sure way to reduce the

staggering cost of the prison system. The program, particularly work release, saves taxpayers in two important ways. First, it costs significantly less to house work release participants than to house "traditional prisoners." Second, because individuals involved in work release earn a taxable income, this program generates local, state, and federal tax revenues.

Additionally, the proposed legislation will ensure that work release participants are provided the services and support necessary for success during the transitional period. Further proposals will ensure the safety and security of the public by limiting eligible participants to those who have not committed certain enumerated crimes.

Legislative history

2011-2012: S.5920 - Died in Committee

Fiscal implications

Unknown.

Effective date

Effectively immediately, provided however, that the amendments to subdivision 2 of section 851 of the correction law made by section one of this act shall be subject to the expiration and reversion of such subdivision and section pursuant to subdivision (c) of section 46 of chapter 60 of the laws of 1994 and section 10 of chapter 339 of the laws of 1972, as amended, when upon such date the provisions of section two of this act shall take effect; provided further, that the amendments to subdivision 2 of section 851 of the correction law , made by section two of this act shall expire on the same date as subdivision ¸ of section 46 of chapter 60 of the laws of 1994, section 10 of chapter 339 of the laws of 1972, and section 5 of chapter 554 of the laws of 1986, as amended, expire, when upon such date the provisions of section three of this act shall take effect; provided further that the amendments to subdivisions 2-a and 2-b of section 851 of the correction law, made by sections four and five of this act shall not affect the expiration of such section and shall expire therewith.