DOCCS wanted people convicted of violent crimes to be eligible for early release

Gov. Kathy Hochul’s proposal to expand the eligibility of those eligible for early release from state prisons has prompted criticism from more conservative state lawmakers, but the state prison system proposed an even more sweeping expansion of eligibility for early release last year, City & State has learned.

Currently, people who have been convicted of violent felony offenses are not eligible for the “merit time” program, which allows incarcerated people to earn time off of their sentence if they complete certain programs in prison. Since most people in state prison have been convicted of violent crimes, this means that only about 20% of incarcerated people are eligible for the “merit time” program. 

A “program bill” from the state Department of Corrections and Community Supervision that was shared with criminal justice reform advocates and lawmakers last year would have dramatically expanded eligibility to include all incarcerated people except for those convicted of sex offenses or Class A felonies (the most serious type of felony).

A memo accompanying the program bill lays out why DOCCS believes that the expansion of merit time is necessary.

“Expanding the pool of incarcerated individuals eligible for Merit Time will have several benefits:

(1) encourage positive institutional adjustment; (2) increase the number of incarcerated individuals in treatment and work programs; (3) reduce idleness among the population; (4) lower violence in DOCCS facilities; and (5) enhance reentry opportunities,” the memo reads. “Sentence reduction is one of, if not the strongest incentive for good behavior and engagement in programs. These programs will not have their intended effect if 80% of the population are not able to access these incentives.”

A spokesperson for DOCCS confirmed that the agency had released the program bill last year and stood by its recommendations to expand eligibility for merit time programs. 

“Governor Hochul has been clear that she will not allow anyone who demonstrates a public safety threat to be released early from prison,” Thomas Mailey, the spokesperson, said in an email. “While we cannot comment on pending legislation or ongoing budget negotiations, the Commissioner supports positive incentives that drive program participation and the reduction of violence within the facilities and ultimately our communities.”

As part of this year’s budget negotiations, Hochul has proposed a more modest expansion of merit time eligibility. While the DOCCS proposal would only exclude people convicted of Class A felonies or sex offenses, the governor’s proposal would exclude people convicted of many more offenses, according to someone briefed on the proposal.

Even the governor’s pared-back version of the DOCCS proposal has been controversial, though, with moderate Democratic lawmakers telling the New York Post that they do not believe incarcerated people convicted of violent crimes should be able to participate in programs that would allow them to earn an early release.

Jess D’Amelia, a spokesperson for the governor, told City & State that Hochul’s proposal would only apply to a small number of incarcerated people.

“Governor Hochul will not allow anyone who demonstrates a public safety threat to be released early from prison,” she said. “A proposal was discussed that would have granted near term merit time release to approximately 3% of the prison population – only if they have excellent disciplinary records and a plan to live a crime-free life outside DOCCS facilities. Under no circumstances will this Administration grant any special privileges to individuals convicted of murder, rape or other sex offenses.”

Meanwhile, progressive lawmakers are backing the Earned Time Act, which would make all incarcerated people eligible for merit time programs no matter what they have been convicted of. The Earned Time Act, which is sponsored by state Sen. Jeremy Cooney and Assembly Member Anna Kelles, would also increase the amount of time that people can earn off their sentences by participating in programs. 

Currently, people eligible for merit time programs who are serving a prison sentence of a specific number of years can earn up to 1/7 off of their total sentence by participating in programs. That means that if they were serving a sentence of seven years, they could earn up to one year off. The Earned Time Act would allow people to earn up to 1/4 off their total sentences by participating in merit time programs.