Old behind bars: the aging prison population in the United States.
"Prison is tough for everyone, but it is especially hard for older prisoners who need wheelchairs, walkers, portable oxygen and hearing aids; who cannot get dressed, go to the bathroom or bathe without help; who are incontinent, confused or suffering from chronic diseases.
Prison medical costs — borne entirely by the state — are up to nine times higher for older prisoners than for younger ones.
So what can be done? Prison officials, parole boards and governors should make an effort to increase the number of older and ill inmates posing no meaningful security risk who are released from prison and placed under community supervision.
... Those who violate the rights of others must be held accountable. Prison sentences are tailored to give offenders their just deserts at the time of sentencing.
But age and illness (not to mention evidence of rehabilitation) can change the calculus.
If elderly prisoners can be safely released from prison to finish the rest of their lives under parole supervision — at much lower cost to taxpayers — it is hard to see what society gains from keeping them behind bars."
For complete article and further information, see:
Assisted Living — Behind Bars, by Jamie Fellner (Human Rights Watch, 26 March 2012)
Old Behind Bars: The Aging Prison Population in the United States (Human Rights Watch Report, 28 January 2012)
US: Number of Aging Prisoners Soaring, Corrections Officials Ill-Prepared to Run Geriatric Facilities (Human Rights Watch, 27 January 2012)
Showing posts with label parole supervision. Show all posts
Showing posts with label parole supervision. Show all posts
March 27, 2012
January 31, 2012
Recent Study Produces Local-Level Recidivism Statistics for Parolees in New York City
In 2009, the Bureau of Justice Statistics reported that 1.4 million adults had spent at least some time on parole supervision nationally and of those exiting supervision during that same year, 34% were re-incarcerated and 11% had another unsuccessful outcome, including revocation without incarceration or absconding (Glaze and Bonzcar, 2010). There is not much information, however, on parolees in local jurisdictions that are often home to a large number of formerly incarcerated persons. For example, New York City accounts for the majority of parolees supervised in New York State (56%). An understanding of the outcomes of New York City parolees can help community corrections officials focus their efforts on a local level to improve outcomes for individuals and the overall system...
...Almost one-fourth (23%) were returned to prison on a technical violation which occurs when parolees violate the conditions of their supervised release (can include an arrest for a new crime or conviction for a misdemeanor offense). Only 6% of parolees were returned to prison as a result of a new felony conviction. The rate of return to prison for New York City (29%) is lower than the national average of 34% reported in the Bureau of Justice Statistics 2009 Report.
A promising result of this study was that the revocation rates have declined over time since the early 2000s (from 32% of individuals released in 2002 to 26% of individuals released in 2006). Possible explanations for this finding as well as additional results are discussed further in the report.
For complete article, see:
Recent Study Produces Local-Level Recidivism Statistics for Parolees in New York City, by Bryn Herrschaft, Senior Research Associate, Center for Court Innovation, January 30 2012
For full report:
Recidivism Among Parolees in New York City, 2001-2008, by Bryn A. Herrschaft with Zachary Hamilton, Center for Court Innovation, November 2011
...Almost one-fourth (23%) were returned to prison on a technical violation which occurs when parolees violate the conditions of their supervised release (can include an arrest for a new crime or conviction for a misdemeanor offense). Only 6% of parolees were returned to prison as a result of a new felony conviction. The rate of return to prison for New York City (29%) is lower than the national average of 34% reported in the Bureau of Justice Statistics 2009 Report.
A promising result of this study was that the revocation rates have declined over time since the early 2000s (from 32% of individuals released in 2002 to 26% of individuals released in 2006). Possible explanations for this finding as well as additional results are discussed further in the report.
For complete article, see:
Recent Study Produces Local-Level Recidivism Statistics for Parolees in New York City, by Bryn Herrschaft, Senior Research Associate, Center for Court Innovation, January 30 2012
For full report:
Recidivism Among Parolees in New York City, 2001-2008, by Bryn A. Herrschaft with Zachary Hamilton, Center for Court Innovation, November 2011
March 27, 2009
Governor Paterson and legislative leaders announce three-way agreement to reform New York State's Rockefeller Drug Laws
GOVERNOR PATERSON AND LEGISLATIVE LEADERS ANNOUNCE THREE-WAY AGREEMENT TO REFORM NEW YORK STATE’S ROCKEFELLER DRUG LAWS
Governor David A. Paterson Press Releases. For immediate release: March 27, 2009
Sweeping Reform Ends Harsh Sentences for Non-violent Addicts
Focuses on Treatment Rather than Punishment to End the Cycle of Addiction
Governor David A. Paterson, Senate Majority Leader Malcolm A. Smith and Assembly Speaker Sheldon Silver today announced a three-way agreement calling for sweeping reform of the State’s Rockefeller Drug Laws. The agreement eliminates the harsh sentences that the Rockefeller Drug Laws mandated by giving judges total authority to divert non-violent addicts to treatment and greatly expanding drug treatment programs. The agreement strikes a careful and appropriate balance to ensure that non-violent addicted offenders get the treatment they need while predatory kingpins get the punishment they deserve.
“I have been fighting to overhaul the drug laws and restore judicial discretion in narcotics cases since I began my career in public service as a State Senator nearly a quarter-century ago,” Governor Paterson said. “As a resident and representative of Harlem, I saw first-hand the devastating effect that drugs have on our communities, and the devastating effect that ill-considered drug laws and drug policies have had on individuals, families and neighborhoods.”
The Governor added: “I have seen too many lives destroyed by outrageously harsh and ineffective mandatory sentencing laws, and I have also seen too many lives ruined by despicable dealers who prey on the vulnerabilities and addictions of others. I believe this agreement strikes the right balance, and I urge the Legislature to enact it immediately, before more lives and communities are needlessly destroyed.”
Senate Majority Leader Smith said: “Today marks the beginning of a new era for New York’s sentencing laws. Rockefeller Drug Law reform will reverse years of ineffective criminal laws, protect communities and save taxpayers millions of dollars that were wasted on the current policy. With more money going toward treatment instead of costly imprisonment, our State will finally have a smarter policy, giving families a fighting chance in the war on drugs.”
Assembly Speaker Silver said: “Long before we had partners in either the Executive or in the Senate, the Assembly Majority was fighting for real reform of the Rockefeller Drug Laws. With this legislation, we have taken, at long last, a giant leap in establishing a more just, a more humane and a more effective drug policy in the State of New York. No longer will drug use and addiction be considered solely a criminal matter in this State, but a public health matter as well. This legislation recognizes that drug addiction is a disease which calls out for treatment rather than incarceration. I commend the tenacity and the dedication of my colleagues and the leadership of Assemblymembers Aubry, Lentol and Weinstein for their unyielding commitment to this issue.”
Senator Ruth Hassell-Thompson said: “Today, the Governor and the Legislature have agreed on a major change in public policy. We have created a balanced approach to drug addiction and crime. Our ability to reduce the flow of drugs in our communities is dependent on our ability to reduce the demand. We are now shifting resources to treat drug addiction as a medical problem. By diverting addicts to drug treatment courts, we believe we can get people off drugs and thereby reduce the demand for them. Study after study shows that our policies will make our communities safer and save the taxpayers millions of dollars. Today, we begin anew, offering offenders an opportunity to receive treatment, while maintaining that the safety and security of our neighborhoods, cities, and State remains paramount.”
Senator John L. Sampson said: “This is a promise made, and a promise kept. The Rockefeller Drug Laws have decimated communities and destroyed lives. Our Democratic conference said that once in the Majority we would be instrumental in making changes that positively impact all people across our State. Taking on this issue in our first year as the Majority shows the people that the Senate is serious and will not back down from the big issues. Reforms we made in 2004 were just a down payment, we’ve now paid off the mortgage. So I congratulate the Governor and members of the Assembly. I also congratulate my colleagues, Senators Schneiderman and Hassell-Thompson, who along with myself, were at the table and the forefront of the push to reform the Rockefeller Drug Laws.”
Senator Eric T. Schneiderman said: “This legislation delivers a big dose of sanity to our State’s sentencing practices. It will make our communities safer, save money and, most importantly, save lives. Thousands of people from every corner of this State will benefit from these reforms. Today NewYork chooses treatment over incarceration—30 years is enough.”
Assemblyman Jeffrion L. Aubry said: “My Assembly colleagues and I continue in our pledge not to give up our fight for greater reform of New York State’s ineffective and imprudent drug laws. While today’s agreement brings us closer to our goal, we recognize the need to do more. We will continue to work with our partners to completely reform the Rockefeller Drug Laws.”
Assemblyman Joseph R. Lentol said: “Thirty-six years ago I voted against the enactment of the Rockefeller Drug Laws. It was clear to me that simply locking drug offenders away without treatment would not be effective. I am pleased that we are finally towards turning this travesty around and judges will once again have more of the discretion they need.”
Assemblywoman Helene E. Weinstein said: “Judicial discretion has always been one of the core principles for which the Assembly has fought. With the expansion of drug courts and other options to treat addicts, we are moving toward dealing with the underlying problems of drug offenders – giving them the opportunity to get treatment and reduce recidivism in New York.”
The agreement will give judges the discretion to divert non-violent drug addicted individuals to treatment alternatives that are shown to be far more successful than prison in ending the cycle of addiction. Crucially, it also commits tens of millions of dollars to existing and new treatment programs.“
It makes no sense to give judges the authority to place non-violent addicted offenders into treatment if there is nowhere to treat them,” Governor Paterson said. “We must not only overhaul the drug laws, but also provide an infrastructure to ensure that we successfully rehabilitate those who are addicted.”
There are three significant pieces of the agreement. First, it creates a drug treatment program to be administered by drug court judges.
* Under this program, judges will have discretion to place addicted first and second-time drug offenders into judicially-approved alcohol and substance abuse treatment – over the objections of prosecutors.
* This agreement also recognizes that drug-addicted persons often commit other crimes, such as property and theft offenses. This agreement will make treatment available to these non-violent addicted offenders who commit these offenses.
* The agreement maximizes an addicted offender’s chance of success in overcoming addiction, by relying on New York’s highly successful drug courts to administer the new treatment model. Drug courts use specially-trained judges who build relationships with offenders, closely monitor their progress and reward their successes. They are also staffed with case managers and vocational and employment specialists to assist offenders in obtaining education and jobs.
* For the first time, the agreement gives judges the authority to dismiss all charges or seal the arrest and conviction records of offenders who successfully complete a judicially-sanctioned treatment program. It also gives judges complete discretion to determine an appropriate penalty for those offenders who are unable to succeed in the treatment program.
* The agreement recognizes that relapses are often part of recovery from long-term drug addiction. It would require judges to consider whether a non-incarceratory remedy, such as heightened supervision or more frequent testing and treatment, could effectively be used if an offender under court supervision suffers a relapse.
* The agreement vastly expands the availability of drug treatment programs and commits tens of millions of dollars to inpatient treatment programs, outpatient treatment programs and community residential facilities.
* Recognizing that some offenders may require more supervision than can be provided through community-based drug treatment programs, the agreement expands the use of programs such as the “shock” incarceration program and the Willard drug treatment program, to give judges additional sentencing options for these offenders.
* The agreement also permits the State Division of Parole to discharge early from continued parole supervision those drug offenders who have demonstrated success and rehabilitation while serving a term of post-release supervision.
Second, the agreement relieves new offenders from some of the old Rockefeller Drug Law’s mandatory sentencing provisions and provides additional relief to offenders who remain incarcerated under the old laws.
* The agreement eliminates mandatory State prison sentences for first-time class B felony drug offenders and second-time non-violent class C, D and E drug offenders, making them eligible for a term of probation that could also include drug treatment, or a local jail sentence.
* The agreement permits class B drug felons who meet eligibility criteria and who are currently serving Rockefeller Drug Law sentences to enter the six-month shock incarceration program when they are within three years of release. If successful, they would be entitled to early release from prison.
* The agreement also requires the Board of Parole to consider current, lower sentencing ranges when deciding whether to release a class B drug offender to parole supervision.
Third, the agreement ensures that offenders who are not addicted, but who profit from the addictions of others, are appropriately sentenced to State prison.
* The Governor believes that law enforcement should target drug kingpins instead of low-level drug users and his agreement creates a new drug “kingpin” offense that targets organized drug traffickers who profit from and prey on drug users.
* The agreement also creates new crimes to ensure that adults who sell drugs to children are appropriately required to serve time in State prison.
* Finally, the agreement retains mandatory prison sentences for class B predicate drug offenders, but allows judges to impose lower prison terms that are similar to those in other states.
See also: Albany Reaches Deal to Repeal ’70s Drug Laws, by Jeremy W. Peters. (New York Times, March 25 2009.)
Governor David A. Paterson Press Releases. For immediate release: March 27, 2009
Sweeping Reform Ends Harsh Sentences for Non-violent Addicts
Focuses on Treatment Rather than Punishment to End the Cycle of Addiction
Governor David A. Paterson, Senate Majority Leader Malcolm A. Smith and Assembly Speaker Sheldon Silver today announced a three-way agreement calling for sweeping reform of the State’s Rockefeller Drug Laws. The agreement eliminates the harsh sentences that the Rockefeller Drug Laws mandated by giving judges total authority to divert non-violent addicts to treatment and greatly expanding drug treatment programs. The agreement strikes a careful and appropriate balance to ensure that non-violent addicted offenders get the treatment they need while predatory kingpins get the punishment they deserve.
“I have been fighting to overhaul the drug laws and restore judicial discretion in narcotics cases since I began my career in public service as a State Senator nearly a quarter-century ago,” Governor Paterson said. “As a resident and representative of Harlem, I saw first-hand the devastating effect that drugs have on our communities, and the devastating effect that ill-considered drug laws and drug policies have had on individuals, families and neighborhoods.”
The Governor added: “I have seen too many lives destroyed by outrageously harsh and ineffective mandatory sentencing laws, and I have also seen too many lives ruined by despicable dealers who prey on the vulnerabilities and addictions of others. I believe this agreement strikes the right balance, and I urge the Legislature to enact it immediately, before more lives and communities are needlessly destroyed.”
Senate Majority Leader Smith said: “Today marks the beginning of a new era for New York’s sentencing laws. Rockefeller Drug Law reform will reverse years of ineffective criminal laws, protect communities and save taxpayers millions of dollars that were wasted on the current policy. With more money going toward treatment instead of costly imprisonment, our State will finally have a smarter policy, giving families a fighting chance in the war on drugs.”
Assembly Speaker Silver said: “Long before we had partners in either the Executive or in the Senate, the Assembly Majority was fighting for real reform of the Rockefeller Drug Laws. With this legislation, we have taken, at long last, a giant leap in establishing a more just, a more humane and a more effective drug policy in the State of New York. No longer will drug use and addiction be considered solely a criminal matter in this State, but a public health matter as well. This legislation recognizes that drug addiction is a disease which calls out for treatment rather than incarceration. I commend the tenacity and the dedication of my colleagues and the leadership of Assemblymembers Aubry, Lentol and Weinstein for their unyielding commitment to this issue.”
Senator Ruth Hassell-Thompson said: “Today, the Governor and the Legislature have agreed on a major change in public policy. We have created a balanced approach to drug addiction and crime. Our ability to reduce the flow of drugs in our communities is dependent on our ability to reduce the demand. We are now shifting resources to treat drug addiction as a medical problem. By diverting addicts to drug treatment courts, we believe we can get people off drugs and thereby reduce the demand for them. Study after study shows that our policies will make our communities safer and save the taxpayers millions of dollars. Today, we begin anew, offering offenders an opportunity to receive treatment, while maintaining that the safety and security of our neighborhoods, cities, and State remains paramount.”
Senator John L. Sampson said: “This is a promise made, and a promise kept. The Rockefeller Drug Laws have decimated communities and destroyed lives. Our Democratic conference said that once in the Majority we would be instrumental in making changes that positively impact all people across our State. Taking on this issue in our first year as the Majority shows the people that the Senate is serious and will not back down from the big issues. Reforms we made in 2004 were just a down payment, we’ve now paid off the mortgage. So I congratulate the Governor and members of the Assembly. I also congratulate my colleagues, Senators Schneiderman and Hassell-Thompson, who along with myself, were at the table and the forefront of the push to reform the Rockefeller Drug Laws.”
Senator Eric T. Schneiderman said: “This legislation delivers a big dose of sanity to our State’s sentencing practices. It will make our communities safer, save money and, most importantly, save lives. Thousands of people from every corner of this State will benefit from these reforms. Today NewYork chooses treatment over incarceration—30 years is enough.”
Assemblyman Jeffrion L. Aubry said: “My Assembly colleagues and I continue in our pledge not to give up our fight for greater reform of New York State’s ineffective and imprudent drug laws. While today’s agreement brings us closer to our goal, we recognize the need to do more. We will continue to work with our partners to completely reform the Rockefeller Drug Laws.”
Assemblyman Joseph R. Lentol said: “Thirty-six years ago I voted against the enactment of the Rockefeller Drug Laws. It was clear to me that simply locking drug offenders away without treatment would not be effective. I am pleased that we are finally towards turning this travesty around and judges will once again have more of the discretion they need.”
Assemblywoman Helene E. Weinstein said: “Judicial discretion has always been one of the core principles for which the Assembly has fought. With the expansion of drug courts and other options to treat addicts, we are moving toward dealing with the underlying problems of drug offenders – giving them the opportunity to get treatment and reduce recidivism in New York.”
The agreement will give judges the discretion to divert non-violent drug addicted individuals to treatment alternatives that are shown to be far more successful than prison in ending the cycle of addiction. Crucially, it also commits tens of millions of dollars to existing and new treatment programs.“
It makes no sense to give judges the authority to place non-violent addicted offenders into treatment if there is nowhere to treat them,” Governor Paterson said. “We must not only overhaul the drug laws, but also provide an infrastructure to ensure that we successfully rehabilitate those who are addicted.”
There are three significant pieces of the agreement. First, it creates a drug treatment program to be administered by drug court judges.
* Under this program, judges will have discretion to place addicted first and second-time drug offenders into judicially-approved alcohol and substance abuse treatment – over the objections of prosecutors.
* This agreement also recognizes that drug-addicted persons often commit other crimes, such as property and theft offenses. This agreement will make treatment available to these non-violent addicted offenders who commit these offenses.
* The agreement maximizes an addicted offender’s chance of success in overcoming addiction, by relying on New York’s highly successful drug courts to administer the new treatment model. Drug courts use specially-trained judges who build relationships with offenders, closely monitor their progress and reward their successes. They are also staffed with case managers and vocational and employment specialists to assist offenders in obtaining education and jobs.
* For the first time, the agreement gives judges the authority to dismiss all charges or seal the arrest and conviction records of offenders who successfully complete a judicially-sanctioned treatment program. It also gives judges complete discretion to determine an appropriate penalty for those offenders who are unable to succeed in the treatment program.
* The agreement recognizes that relapses are often part of recovery from long-term drug addiction. It would require judges to consider whether a non-incarceratory remedy, such as heightened supervision or more frequent testing and treatment, could effectively be used if an offender under court supervision suffers a relapse.
* The agreement vastly expands the availability of drug treatment programs and commits tens of millions of dollars to inpatient treatment programs, outpatient treatment programs and community residential facilities.
* Recognizing that some offenders may require more supervision than can be provided through community-based drug treatment programs, the agreement expands the use of programs such as the “shock” incarceration program and the Willard drug treatment program, to give judges additional sentencing options for these offenders.
* The agreement also permits the State Division of Parole to discharge early from continued parole supervision those drug offenders who have demonstrated success and rehabilitation while serving a term of post-release supervision.
Second, the agreement relieves new offenders from some of the old Rockefeller Drug Law’s mandatory sentencing provisions and provides additional relief to offenders who remain incarcerated under the old laws.
* The agreement eliminates mandatory State prison sentences for first-time class B felony drug offenders and second-time non-violent class C, D and E drug offenders, making them eligible for a term of probation that could also include drug treatment, or a local jail sentence.
* The agreement permits class B drug felons who meet eligibility criteria and who are currently serving Rockefeller Drug Law sentences to enter the six-month shock incarceration program when they are within three years of release. If successful, they would be entitled to early release from prison.
* The agreement also requires the Board of Parole to consider current, lower sentencing ranges when deciding whether to release a class B drug offender to parole supervision.
Third, the agreement ensures that offenders who are not addicted, but who profit from the addictions of others, are appropriately sentenced to State prison.
* The Governor believes that law enforcement should target drug kingpins instead of low-level drug users and his agreement creates a new drug “kingpin” offense that targets organized drug traffickers who profit from and prey on drug users.
* The agreement also creates new crimes to ensure that adults who sell drugs to children are appropriately required to serve time in State prison.
* Finally, the agreement retains mandatory prison sentences for class B predicate drug offenders, but allows judges to impose lower prison terms that are similar to those in other states.
See also: Albany Reaches Deal to Repeal ’70s Drug Laws, by Jeremy W. Peters. (New York Times, March 25 2009.)
March 11, 2009
Parolee information now available on the NYS Division of Parole website
PAROLEE INFORMATION NOW AVAILABLE ON PAROLE WEBSITE: Public can access parole supervision status of individuals
(The New York State Division of Parole "Parolee Lookup" feature may be found here; further information may be found here.)
Press release from the NYS Division of Parole, March 11th 2009
Henry Lemons, interim chairman of the New York State Division of Parole today announced the launch of a new “parolee lookup” feature on the Division’s website, http://www.parole.state.ny.us/. The public can now access real-time information on the parole status of those currently under supervision as well as those who have completed their supervision.
“Victims, members of law enforcement, state and federal criminal justice agencies and family members routinely have questions about the status of an individual’s parole supervision,” Lemons said. “By creating this valuable online tool, people can have access to this important information 24 hours a day.”
After entering specific information about a person under parole supervision such as a name or identification number, the public will be able to search for details about that individual’s parole status. Data that is available includes the county where the crime was committed, crime of conviction, the date parole supervision began, the status of parole supervision, the address of the parole office that an individual reports to as well as the name and contact telephone number for the parole officer overseeing the case.
The addition of the look-up feature on the website is part of the Division’s goal to make its work more transparent and readily available to the public. It follows the 2008 online addition of the Parole Board interview schedule that allows users to look back at Parole Board determinations over a two year period, and locate the parole interview dates of persons that are scheduled to come before the Board in the next four months.
(The New York State Division of Parole "Parolee Lookup" feature may be found here; further information may be found here.)
Press release from the NYS Division of Parole, March 11th 2009
Henry Lemons, interim chairman of the New York State Division of Parole today announced the launch of a new “parolee lookup” feature on the Division’s website, http://www.parole.state.ny.us/. The public can now access real-time information on the parole status of those currently under supervision as well as those who have completed their supervision.
“Victims, members of law enforcement, state and federal criminal justice agencies and family members routinely have questions about the status of an individual’s parole supervision,” Lemons said. “By creating this valuable online tool, people can have access to this important information 24 hours a day.”
After entering specific information about a person under parole supervision such as a name or identification number, the public will be able to search for details about that individual’s parole status. Data that is available includes the county where the crime was committed, crime of conviction, the date parole supervision began, the status of parole supervision, the address of the parole office that an individual reports to as well as the name and contact telephone number for the parole officer overseeing the case.
The addition of the look-up feature on the website is part of the Division’s goal to make its work more transparent and readily available to the public. It follows the 2008 online addition of the Parole Board interview schedule that allows users to look back at Parole Board determinations over a two year period, and locate the parole interview dates of persons that are scheduled to come before the Board in the next four months.
September 02, 2008
Bill A09727/S6731 becomes law
Governor Paterson has signed Bill A09727/S6731 into law.
The specific provision of the Bill is to "restore to the Board of Parole the discretion, after three consecutive years of successful unrevoked parole release, to grant a discharge from parole supervision to persons who are serving an indeterminate sentence with a maximum term of life, and for whom the Board of Parole has determined that a discharge from parole supervision would be in the best interest of society".
The specific provision of the Bill is to "restore to the Board of Parole the discretion, after three consecutive years of successful unrevoked parole release, to grant a discharge from parole supervision to persons who are serving an indeterminate sentence with a maximum term of life, and for whom the Board of Parole has determined that a discharge from parole supervision would be in the best interest of society".
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