Commissioner Fischer’s Few Last Words

As he ended his 44 year career to begin his retirement, Commissioner Fischer reflected on how he started and came to join the agency, and thanked the employees for their hard work, support and especially for their friendship.

Commissioner Fischer’s Few Last Words (NYS Department of Corrections and Community Supervision Press Release, May 2 2013)

Building Bridges - March 2013 edition

The March edition of Building Bridges has been issued by the Prison Action Network.

*** This edition of Building Bridges is dedicated to the memory of Jerry Balone, who died unexpectedly in his sleep on March 13. ***

Prison Action Network's brief summary is given below. Please see Building Bridges for full details, ways to help and get involved.

1. An apology repository exists but who knows how to find it? Do you?

2. Legislation reports: the Senate Committee on Crime Victims, Crime and Correction, with Senator Patrick Gallivan as Chair, met on Wednesday March 13, to consider 11 bills. A video recording of their meeting is given here.

3. The call to end extreme isolation as a punishment is attracting more attention every day.

4. Parole news includes December 2012 statistics, 2012 summary pt.2, an update on the Thwaites case, and changes to the leadership of DOCCS and the Parole Board.

The Thwaites decision was avoided: the issue is moot. In  2011, Orange County Supreme Court Justice Lawrence Ecker ruled in the case of Douglas Thwaites that the revision of Executive Law 259 (c) not only required the parole board to put more weight on the rehabilitation of the inmate rather than the instant offense, but he also applied the revision retroactively. The Attorney General's Office urged the Appellate Division, Second Department, to overturn the ruling. Mr. Thwaites was released before the issue was decided and not for the first time, a challenge to parole's functioning was declared moot and thereby avoided. (From CURE-NY's Winter 2013 Newsletter.)

Changes in the leadership of DOCCS and the Parole Board:
DOCCS Commissioner Brian Fischer is retiring at the end of April.
Andrea Evans announced at a Public Safety Hearing that February 6 2013 was her last day as Chair of the Parole Board, but did not clarify whether she would be staying on as a Board Member. The Prison Action Network has heard that she will continue to serve in her role as Chair until replaced by the Governor.

5. Adolescent minds are not receiving the guidance needed, says Corey Parks of SNUG.

6. Appropriate prison programming may be a reality to Fischer, but not to some intended recipients, who explain.

7. Work for Success takes its show on the road, but where does the rubber meet the road?

8. RECONNECT offers job training to women recently released from prison.

9. Job Fair invites formerly incarcerated people to explore opportunities for a second chance.

10. Prison poetry project features former participants and a panel to demonstrate the value of art in rehabilitation.

11. Veterans' Memorial Day weekend retreat and symposium will combine rest and relaxation with efforts to provide better services for incarcerated veterans.

12. Please see Reentry Resource Center: New York's calendar for details of other meetings and events.

13. Black history and culture film series every Thursday in Albany, NY.

14. Knitting supplies are needed at Woodbourne Correctional Facility.

DOCCS chief Brian Fischer is retiring

Brian Fischer, Commissioner of the New York State Department of Corrections and Community Supervision, has announced his retirement, effective April 30, 2013.

A Brooklyn native who has worked as a parole officer and was Superintendent of the Sing Sing Correctional Facility, Fischer has held cabinet posts since his 2007 appointment by Eliot Spitzer.

He was appointed Acting Commissioner of the New York State Department of Correctional Services effective January 1, 2007, was confirmed as Commissioner by the state Senate on March 12, 2007, and with the passage of the 2011-12 State Budget, became Commissioner of the Department of Corrections and Community Supervision.

He supervised the merger of the Department of Correctional Services with the Division of Parole in 2011.

In his March 4, 2013 letter to all staff, Commissioner Fischer said, "Together we have accomplished much, and I know that good things will continue to develop."

For further information, see:
Commissioner Brian Fischer Retirement (New York State Department of Corrections and Community Supervision)
Commissioner Brian Fischer's biography (New York State Department of Corrections and Community Supervision)
DOCCS chief Brian Fischer is retiring, by Jimmy Vielkind (Times Capitol bureau, March 5 2013)

DOCCS marks 25th anniversary of Shock Incarceration

DOCCS marks 25th anniversary of Shock Incarceration
(NYS DOCCS press release: Wednesday, September 12, 2012)

Successful boot camp-style program that incorporates intensive drug and alcohol treatment, education and counseling has saved New York State taxpayers approximately $1.340 billion as an alternative to traditional incarceration

ALBANY – The New York State Department of Corrections and Community Supervision today recognized the 25th anniversary of its Shock Incarceration Program, which was launched in 1987 at the Monterey Shock Incarceration Facility in Schuyler County.

Shock is a six-month program that is similar in nature to a military boot camp regimen, but it incorporates intensive substance abuse treatment and academic education within a therapeutic community setting. Since its inception at Monterey (Schuyler County), the program was expanded to the Summit (closed in 2011), Moriah (Essex County), and Lakeview Shock (Chautauqua County) Incarceration facilities, culminating in 1995 with the opening of Willard Drug Treatment Campus (Seneca County), a program for parole violators similar to the regimen of a shock incarceration facility.

All Shock participants are engaged in comprehensive life skills programs that include academic education, group counseling, intensive alcohol and substance abuse treatment, physical training, drill instruction and work crews. Shock provides 675 hours of substance abuse treatment and education in each six-month session. Shock inmates pass the GED at a rate of 80%.

In an Executive Chamber Proclamation highlighting the program’s anniversary, Governor Cuomo stated, “The Shock Incarceration Program is a groundbreaking program that has contributed significantly to the state’s lower incarceration levels, improved public safety within our communities and reduced costs to our state.”

Between 1987 and July of 2012, 79,114 Shock eligible inmates were screened for program participation, including 6,694 females. Ultimately, 61,687 inmates were transferred into Shock with 45,135 graduating (including 3,251 females), saving New York State taxpayers an estimated $1.340 billion.

DOCCS Commissioner Brian Fischer, today participating in a ceremony commemorating the program’s anniversary, stated, “The Shock Incarceration Program owes its success to the best trained and most dedicated staff the Department has, and to the creativity and support of individuals who brought it into existence twenty-five years ago and those who have since maintained its standards and practices. In recognizing the history and value of the Shock Incarceration Program, we need to understand that we are recognizing our staff, the people who have dedicated their lives to helping others develop into better members of society.”

In terms of its impact on recidivism, 26% of Shock graduates who were released from Shock facilities in 2007 or 2008 returned to prison within three years compared to 42% for all DOCCS releases to parole supervision in 2007. Of the Shock graduates who were released from Shock facilities in 2007, 2008, 2009 or 2010 7% returned to prison within one year compared to 20% for all releases in the same time period.

As of today, there are 1,100 inmates participating in the Shock program: 589 men and 119 women at Lakeview, 205 men at Monterey and 187 men at Moriah.

Since 2000, the Parole Board has approved 97% of the successful Shock graduates. Shock graduates serving determinate sentences are conditionally released once they complete the Shock program. Upon graduating all offenders are supervised by parole officers assigned by the Department’s Community Supervision division.

The New York State Department of Corrections and Community Supervision (DOCCS) is responsible for the care, custody and treatment of individuals sentenced to state prison and for working with them to ensure their successful re-entry into the community. The Department operates 60 correctional facilities (including the Willard Drug Treatment Campus and the Edgecombe Residential Drug Treatment facility) and oversees 38 community supervision (parole) field offices across the state. DOCCS currently provides care, custody and supervision of approximately 94,000 individuals: 56,000 in custody in correctional and drug treatment facilities and 38,000 under post-release community supervision.

Merger of Department of Correctional Services and Division of Parole

Commissioner Brian Fischer has released a Fact Sheet highlighting how the merger of DOCS and Parole came about and the manner in which the new agency, Department of Corrections and Community Supervision, will operate. The document also details the Parole Board’s independence as stated in statute, and its continued responsibilities.

Full details are given below:

Merger of Department of Correctional Services and Division of Parole

Mission Statement

To improve public safety by providing a continuity of appropriate treatment services in safe and secure facilities where offenders’ needs are addressed and they are prepared for release, followed by supportive services under community supervision to facilitate a successful completion of their sentence.

Overview

• Enacted by the State Legislature and signed into law by Governor Andrew M. Cuomo, the Department of Correctional Services (DOCS) and the Division of Parole (DOP) have been merged to form the Department of Corrections and Community Supervision (DOCCS).
• As envisioned by Governor Cuomo, this merger will streamline departmental functions, eliminate duplication of effort, achieve better outcomes for more offenders and enhance public safety, while simultaneously reducing expenditures and saving taxpayer dollars.
• A primary goal of the new agency will be to create a more seamless, more comprehensive operation through a continuum of care from the moment an offender enters the correctional system until he or she successfully completes the required period of community supervision.

Parole Board

• The Parole Board will continue as an independent body, with Administrative Law Judges (ALJs) and the Board’s Counsel’s Office answering directly to the Parole Board.

• The Parole Board will maintain its existing functions (e.g., release decisions, set conditions, etc).

• The Parole Board, with a membership of up to 19 members will continue to be appointed by the Governor and confirmed by the Senate; they will not be hired by the Commissioner of DOCCS and will continue to be led by an appointed Chairperson.

Changing Role of Parole and Corrections

Starting in 1995, the Legislature authorized determinate sentences for repeat violent felons and later for all violent offenders. In 2005, the use of determinate sentences was further expanded to include drug offenders and in 2007 was expanded again to include most sex offenders. Beginning in 1998, Community Supervision (Field Parole) was made a mandatory requirement of all offenders released under a determinate sentence.

DOCS and Parole have historically worked collaboratively on many fronts, such as the Willard Drug Treatment Campus, the Edgecombe Residential Treatment Facility, working with county re-entry taskforces, assisting offenders with Medicaid applications upon release, providing voter information to released offenders, and assisting in post release placement in treatment programs as appropriate.

Functions of New Department of Corrections and Community Supervision

• The new agency’s function is to ensure the appropriate care, custody, treatment and supervision of the individual, whether in a facility or in the community.
• The merged agency’s organizational chart will place the functions of community supervision directly under a Deputy Commissioner reporting to the Commissioner.
• Functions of the Parole Board will be apart from the DOCCS organizational structure, but supported by the full agency.
• By statute, DOCCS is required to implement an offender Transition Accountability plan that includes an integrated team case management plan based on a research based risk assessment tool.

  Organizational Responsibilities:

  • DOCCS will consist of two operational components – the Parole Board and non-Parole Board activities.
  • Both components are designed to provide all appropriate services for all offenders, from entry to release, and from release through discharge.

  Release Process:

  • Parole eligibility criteria do not change, nor the manner in which Parole Boards meet and review cases.
  • The Parole Board’s autonomy in their decision making is specifically preserved in statute.
  • DOCCS staff will continue to provide information and assistance to the Parole Board, such as preparing the documents for an offender’s Parole Board hearing.
  • The Parole Board retains authority to conduct victim impact interviews and retains authority over release decisions for indeterminate sentences and medical parole.
  • There is no change in the ability of an offender to be seen by the Parole Board or to challenge the decision of the Parole Board.
  • There will be no change in the Board’s role in setting an offender’s release conditions.
  • Appeals of the Board’s decisions, following a release denial, will continue to be handled by Board’s Counsel’s Office who serve and are appointed by the Board.

  Revocation Hearings:

  • The preliminary hearing officers and ALJs who perform revocation hearings will become employees of DOCCS; however, they will be hired by and report to the Board.
  • All existing due process protections will remain in place.
  • All administrative appeals relating to revocations decisions and any litigation commenced as a result of the revocation will be handled by the Board’s Counsel’s Office.
  • There are no substantive changes in the procedures by which parole violators will be re-released from prison after serving their time assessment.

  Offender Discharge Process:

  The Legislature has enacted laws that allow certain parolees to be discharged from further community supervision after certain periods of good behavior.

  • The Parole Board will continue to review and decide three-year discharge applications from parole supervision for offenders serving indeterminate sentences.
  • The Parole Board will assume the responsibility to review and decide the granting of five-year discharges from supervision for sex offenders who are serving determinate sentences.
  • DOCCS will assume the responsibility for granting merit terminations from presumptive release, parole, conditional release and release to post-release supervision for certain non-violent offenses.
  • DOCCS will also assume mandatory and discretionary terminations of sentences for certain drug offenders.
  • DOCCS will assume the responsibility for issuing certificates of relief and certificates of good conduct.

Other Programs & Processes

• Clemency requests will continue to be reviewed in accordance with all past policies and procedures.
• Interstate transfers will continue to be managed in accordance with all established policies and procedures.
• Re-entry will be expanded to better incorporate services previously provided separately by DOCS and Parole.

Cost Savings

The merger of DOCS and Parole into the new Department of Corrections and Community Supervision will provide an estimated savings of $17 million in FY2011-12.

---

April, 2011

State of New York
Department of Corrections and Community Supervision
1220 Washington Avenue
State Campus, Building 2
Albany, NY 12226-2050
Brian Fischer, Commissioner
www.docs.state.ny.us

Building Bridges - April 2011 edition

The April edition of Building Bridges has been issued by the Prison Action Network.

Of particular interest to parole reform in this edition:

7. The NYS Parole Campaign has attracted 4 more organizations who support the SAFE Parole Act.: Center for Nuleadership on Urban Solutions, Institute for Juvenile Justice Reform and Alternatives, Greenhope Services for Women, Inc., and the Morningside Monthly Meeting of the Religious Society of Friends. Legislative Advocacy efforts will start in earnest in May.

8. NYS Prisoner Justice Network tells us what’s wrong with New York’s prison system...and what we can do about it: New York’s prison system is spending $3 billion on “corrections” – that don’t correct anything – while cutting education, health care, and other social programs to the bone. This system of mass incarceration is inhumane, unnecessary, uneconomical, and ineffective. Read the article to find out what you can do!

9. Parole News - Of the 84 parole hearings in February, 2 applicants were released at their initial hearings and 14 were released at a reappearance. DOCS and Parole have been merged into one Department, while the Parole Board remains independent.

A major change was the merging of DOCS and Parole into one agency headed by one person. In theory it could be a benefit. A seamless process from incarceration through reentry is certainly something to be desired, especially when the goal is successful reintegration. Of course, as with most laws, everything depends on the nature of those implementing them. We have faith that Commissioner Brian Fischer will do his best to promote successful reintegration, but under future administrations who knows? In extreme times, as we can see by Sen. Little’s suit against the new Gerrymandering law (see article 5), when people don’t like a law, they can try to overturn it and often do. In fact that is what we hope to do with Gov. Cuomo’s rewrite of the parole board statute, formerly known as 259-i and now broken up and placed in new locations in NYS laws.

Changes include the removal of section 1 of 259-i more than 20 years after the Board lost the authority to set minimum sentences. Other changes require the Parole Board to use risk and needs assessment principles in the parole release decision, and the use of a Transitional Accountability Plan (TAP) by the newly created Department “to be a comprehensive, dynamic and individualized case management plan based on the programming and treatment needs of the inmate. The purpose of such plan shall be to promote the rehabilitation of the inmate and their successful and productive reentry and reintegration into society upon release.” [To request a copy of the sections of legislation which contain the above changes please email parole.reform@gmail.com with your request.]

Building Bridges - April 2009 edition

The April 2009 edition of Building Bridges has just been issued by the Prison Action Network. Visit their blog to read all the latest news and updates. Subjects covered this month include:

Activities to educate, motivate, and mobilize
Budget speech by Commissioner Brian Fischer
Coalition for Fair Criminal Justice Policies - NYC
ICARE Reports
Legislation
Lifers and Longtermers Clearinghouse
Parole news
Prison health care report
Prison libraries research project
Prison media
Prisoners of the Census Reentry unit opens
Reentry speech by Commissioner Fischer
SHU Bill commentary by Sol Wachtler
Transportation to prisons

The Prison Action Network note that George B. Alexander, former NYS Chair of Parole, will be the special guest at the meeting of the Coalition For Fair Criminal Justice Policies - NYC Chapter on Saturday April 25, 10:30am-1pm. He will discuss his situation and his desire to return to his former position as Chair of Parole now that charges against him have been dismissed.

The meeting will be held at Fortune Society’s Offices, 29-76 Northern Blvd. (Rte 25A) between 40th Ave and 41st Ave in Long Island City.