By Roger Seibert
The Oneida Daily Dispatch, N.Y.
ALBANY, N.Y. — State lawmakers and law enforcement officials are concerned about New York State’s plan to release a group of prisoners before their sentences are completed.
State officials insist the early release is part of a normal work release program, but lawmakers and law enforcement say it’s a cover-up of ongoing staff shortages and mismanagement.
Assemblyman Brian Miller, R,C–New Hartford, criticized Gov. Kathy Hochul and the state Department of Corrections and Community Supervision for what they consider the state’s gross mishandling of the situation.
“Releasing inmates up to 110 days before their sentence is served is not a solution — it’s a cover-up,” Miller said. “It also leads to a slippery slope of a potentially dangerous precedent, of sentences being dramatically shortened. We also have to think of the victims; now they are being blindsided and re-traumatized by the same system that promised them justice. New York needs real leadership, not more policies that jeopardize public safety.”
But state officials have presented the reasoning behind their actions.
“It is important to note that these individuals will not actually be released from DOCCS custody until they reach their approved release date,” Department of Corrections and Community Supervision Deputy Commissioner Anne Marie McGrath said.
“These are more like temporary release, or Work Release, individuals,” she continued. “That said, DOCCS plans to send a notice…of approval to participate in the program.CL139 notices will also be sent in advance of the actual release date.”
A CL139 form provides information regarding parolees and their actions while they are out on work release programs.
Republicans say this crisis was not only avoidable, it was predictable. The state’s corrections system has nearly 4,000 officer vacancies. The governor’s response, Miller said, is to release convicted criminals back into communities rather than address staffing shortages.
Miller also said the state should reinstate terminated officers, restore safe staffing levels, and provide better protections for COs.
“This is the definition of hypocrisy,” Miller said. “When correctional officers warned they were overworked, unsafe, and under-resourced, Hochul looked the other way. Now, instead of fixing the problems, the doors to our prisons are being opened.”
New York State Governor Kathy Hochul issued an executive order forbidding any state municipality from hiring corrections officers who were dismissed during the 22-day wildcat strike that concluded Monday, March 10.
During the strike, corrections officers and sergeants representing 38 of New York’s 42 correctional facilities picketed over working conditions. Hochul enlisted members of the NY National Guard to maintain staffing levels – and order – in the prisons.
State officials considered a wildcat strike, or a strike action undertaken by unionized workers without union leadership’s authorization, support, or approval. Wildcat strikes have been illegal in the United States since 1935.
“She wouldn’t lift a finger to support those on the front lines,” Miller said. Now that her inaction has created a full-blown crisis, she wants to open the prison doors and let inmates out early? It’s reckless. It’s dangerous. And it puts every New Yorker at risk.”
Sen. Joe Griffo, R, C-Rome, also demanded reforms.
“The proposal by the governor and DOCCS to release some prisoners early due to staffing issues is outrageous, ridiculous, and reckless,” he said. “New York’s correctional system is in crisis. This crisis recently reached its boiling point, and we saw corrections officers and civilian staff demanding safer working conditions at correctional facilities across the state.”
“She also should release National Guard members, who have faced pay and other disparities during their deployment within the state’s correctional facilities,” he continued.
Lawmakers share the trepidation associated with early release. Madison County Sheriff Todd Hood said the state’s actions reflect misdirected priorities.
“They’re releasing the population to get the prisoners out of there instead of fixing the problem,” he said. “They’re going to be released and go out and re-offend. Then they wind back up in county jails. State prisons then won’t accept them. There are about 2,000 prisoners in county jails like mine waiting to go to state prisons, but state prisons won’t accept them.”
Hood said DOCCS is ignoring what he considers prison reform.
“The main thing is to fix state prison problems,” Hood said. “They implemented the HALT Act, which is proven not to work and it only causes trouble. The COs don’t have the tools to control inmates. The state continues to rule in favor of criminals instead of its citizens. They implement criminal friend HALT, Raise the Age and bail reform laws. The only people it benefits are criminals. They don’t help residents and good people. They should put the focus on that.”
Morale is low among corrections workers, Hood said.
“I’ve spoken with ladies’ corrections officers, and they are unhappy,” he said. “COs are leaving like a sieve. This is a bad time when people you work for don’t take care of you. The COs are sick and tired of not having the tools for criminals. The HALT Act won’t allow them to lock inmates up when they need a timeout.”
Hood said he agrees that the state prison system needs reform.
“Nobody seems to be listening in (the) state. None of these laws make any sense,” he said.
State legislators signed the Humane Alternatives to Long-Term
Solitary Confinement Act into law in 2021, and it took effect in 2022. The act’s goal was to restrict the use of solitary confinement in New York state prisons and jails while focusing on alternative disciplines. Proponents of HALT say it addresses the psychological and physical effects of isolation.
Corrections officers and union representatives have argued that HALT limits their ability to maintain control and enforce consequences in the facility. HALT, they say, undermines inmate discipline by removing tools like drug testing and sanctions, leaving officers with fewer means to maintain order.
Oneida County filed the request for an injunction on March 19 in response to Hochul’s Executive Order. State Supreme Court Justice Ryba ruled on April 1 that Oneida County showed irreparable harm in not being able to hire the separated officers to fill several vacancies in its Sheriff’s Office and other departments. The county, Rba said, would likely succeed on the lawsuit’s merits. The order only pertains to Oneida County and is not applied statewide.
“This decision is a crucial step toward ensuring that we can fill critical vacancies in our Sheriff’s Office with experienced, well-trained correction officers,” Oneida County Sheriff Robert Maciol said. “The Governor’s executive order unfairly targeted these professionals, preventing them from continuing to serve their communities. Public safety is our top priority, and this ruling allows us to strengthen our workforce and better protect the residents of Oneida County.”
The Sheriff’s Office has already hired three separated officers. They began work on April 3 and the department anticipates several more to be processed in the coming weeks.
Oneida County will return to court on May 2 to make the restraining order permanent. This would prevent the order from being renewed in Oneida County.
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