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Issue Brief
Prisoner Re-Entry - New York State
Scope of the Problem factual statements on the extent of the problem in the past, current, or future
Past Policy & Program Milestones key legislation and milestones including significant policy and funding shifts, major studies, etc.
Current Policy & Programs summary of current policies in the form of legislation, programs, and funding
Key Organizations contacts for public and private organizations
- Government
- Non-Profit - Service Providing
- Non-Profit - Advocacy/Membership/Network
- Foundation
- Other
Bibliography web sites, reports, articles, and other reference material
Contributor(s):
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Over seven million New Yorkers have criminal records and the cost to incarcerate an offender tops $32,000/per year.
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Of the 26,586 offenders released from the Department of Correctional Services (DOCS) in 2007, 26.3% were returned to prison for a rule violation within two years following release, as compared to 27.5% of the offenders released in 2006.
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Upon release the vast majority of ex-offenders do not have proper access to legal supportive services that can address the extensive collateral set backs which occur after an arrest, incarceration, and conviction.
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In 2008, over 9,000 people were returned to prison for technical parole violations such as missing a meeting or breaking curfew, not for committing new crimes which experts agree could be combatted by increasing supervision or enrollment in alternative to incarceration programs.
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In New York state approximately 27,000 offenders were released in 2009 who are subject to a period of community supervision by the Division of Parole (DOP) which has a staff of only 2,000 throughout the state.
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According to the Department of Correctional Services (DOP), the number of U.S.-born offenders who leave prison with a a verified Social Security number has decreased 81% in 2009.
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In New York, only 13.4% of 27,000 released offenders in 2009 are employed above minimum wage with 65% of ex-offenders unemployed.
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Anyone looking into the subject of reentry must understand the wide array of issues subsumed under the prisoner reentry umbrella—probation, parole, prisoner deinstitutionalization, restorative justice, recidivism, crime victims’ rights, public safety, health, substance abuse, family violence, mental illness, housing, employment and economics.
Past Policy
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In 1907, New York became the first state to formally adopt all the components of a parole system: indeterminate sentences, a system for granting release, postrelease supervison and specific criteria for parole revocation. By 1927, only three states (FL, MI, and VA) were without a parole system and by 1942, all states and the federal government had such systems.
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New York State experienced significant growth in it's prison population since the 1980's. Nearly twenty years ago the state incarcerated 123 out of every 100,000 citizens. Now the state jails more then 3 times that rate which has caused the practice exporting prisoners from one state to another and paying for their confinement on a per-diem basis.
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In the last three decades of the millennium New York's prison population grew 5.6 times larger. Reflecting the political shift to criminalize drugs that began in the state under Governor Rockefeller, the number of prisoners incarcerated for drug offenses grew by 20.5 times. New York is a majority white state (54%), but the overwhelming majority of prison growth (87.6%) since 1970 has been of minorities.
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New York State Parole:
- In the Criminal Justice System probation is a countywide function where each county has an office with a division of probation officers who see clients within that particular county.
- Parole is state based system meaning that parole officers have clients that can reside within a further radius from one another and require closer supervision.In 1987 there were only 4 ways to be granted release by the state parole board:
- Parole Board could grant you release upon applying.
- The Parole board could hold an inmate under conditional release.
- An inmate’s sentence could expire and he/she could automatically be released under the parole board.
- An inmate would die and therefore be released out of the criminal justice system.
Current Policy summary of current policies in the form of legislation, programs, and funding
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Transition from Prison to Communtiy (TPC): New York is one of eight states that participates in the federal National Institute of Corrections’ Transition from Prison to Community Initiative (TPCI). TPCI is designed to improve re-entry outcomes through interagency collaboration and implementation of research-driven policies and programs. Over the past five years, DCJS has coordinated several re-entry initiatives, including establishing a multi-agency state task force, and in 2006, funding a program that supports 13 local county-based re-entry task forces.
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These task force, broken up by counties are complied of individuals from non-profit service organizations, representatives from the Department of Corrections, Parole, and Probation's, State Attorneys, and rehabilitation/substance abuse programs. Task forces meet together on a quarterly agenda to share resources, network on current initiatives/reentry reforms, and educate each other on their programs individual efforts, roles, and duties in the prison reentry system. This allows for information to be shared through all supporting agencies as well as keeps efforts towards reentry up to date.
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DCJS has provided twelve counties across the state with grants to establish County Reentry Task Forces (CRTF), which are designed to device community supported services for offenders who are released from prison. The grant funds allow counties to employ reentry coordinators who work with a diverse group of agencies – including police departments, parole, probation, mental health and social service providers – to identify gaps in service and provide coordinated services to offenders who have a high risk of recidivism and have re-integration needs, such as housing, employment and substance abuse treatment, that can be difficult to address. County Reentry Task Forces operate in the following counties: Dutchess, Erie, Monroe, Nassau, Niagara, Oneida, Onondaga, Orange, Rensselaer, Rockland, Suffolk and Westchester.
- The Task Force’s success relies on a strong collaboration between service providers (Huther Doyle, Restart Substance Abuse Services, Rochester Rehabilitation, Enriched House, Francis Center, Rochester Works, Monroe County Legal Assistance, Empire Justice Center, VESID), the Monroe County Department of Human Services, law enforcement, community corrections, faith-based and volunteer organizations—more than 50 organizations in total. Together, they tackle obstacles that have traditionally stood in the way of former offenders’ ability to gain immediate access to needed services and stabilize themselves in the community, so that they can move on to a safe, productive, crime-free life. For example, their efforts have negotiated a process with the Department of Human Services that allows them to file applications for assistance 45 days in advance of release, so that the required waiting period happens while the offender is still incarcerated.
- Overall the New York State Department of Corrections has moved more towards reentry services and establishing community alternatives to prison for ex-offenders (parolee's) struggling with substance abuse, homelessness, and unemployment. This switch is highly dependent on the realizations in statewide budgets exceeding the effectiveness of imprisonment. The cost of prison has finally been compared to the effectiveness of the incarceration for state officials to realize that prison does not work. Community based treatment is often cheaper then the average prison stay, but requires greater support, effort, and responsibility for rehabilitation services. Investing more in struggling indiviuslds decreases prison overcrodwingin which leads to poor services and increaes successful reintegration. The system is transitioning to evidence-based practices- since recidivism rates throughout America finally show that incarceration is not working.
- Serious and Violent Offender Reentry Initiative Grantees
- New York Department of Correctional Services (Amount: $999,183*)
- The New York State Department of Correctional Services will work with the Division of Criminal Justice Services, the State Division of Parole, the State Office of Mental Health, the New York City Mayor’s Office and the Center for Court Innovation to establish the Harlem Accountability and Reentry Project (HARP). HARP will provide reintegration services and enhance supervision to high-risk parolees ages 17–35 released from Department of Correctional Services’ facilities who were either convicted of a violent felony offense or are repeat felons. The HARP project will serve 100–150 parolees annually who reside within the 23rd, 25th, 28th, and 32nd precincts of Manhattan. Approximately 60 days prior to release, eligible male inmates will be transferred to Sing Sing Correctional Facility, while female inmates will be transferred to a comparable downstate location convenient to Harlem. Prior to release from custody, HARP case managers, in partnership with the assigned parole team, will assess program participants and develop individualized reentry plans. On the day of release, HARP participants will appear before the Harlem Reentry Court to formally adopt the reentry plans. Participants will be required to remain in the program for at least 1 year, during which time they will receive comprehensive services and be closely monitored for compliance with their court orders. An array of sanctions and incentives will be used to respond to participants’ infractions and achievements.
- New York State Parole Reform:
- Today after numerous prison reforms with more concern for the physical wellbeing, mental health, and the major overcrowding of prisons, there are numerous ways of parole release. Parole release is reliant on numerous factors but today is much more realistic and highly considered in the criminal justice system. After being locked up for years, parole is the next opportunity for offenders to come out of prison and change their life through acquiring services while on the outside to prove their effort towards rehabilitation from criminality, drug abuse, or poverty. The prison reentry population is reliant on the parole population as most of the men and women entering such reentry programs have been giving a “second chance” through parole release and have a strict opportunity to change.
- The strict opportunity indicates that if these men/women relapse, drop out of a program, or do not work towards successful results, they can easily to be violated and therefore sent back to incarceration to finish off their sentence instead of completing a reentry program.
- Alternative to a long prison sentence with the possibility of parole are NY State “shock camps” designed as a quick fix under the parole mentality.
- Factors in which Parole Board Now Considers:
- Innate needs to have a “plan”; usually consisting of residence, training or work program, or in extreme circumstances a letter from an employer indicated that the inmate has a employment.
- The board considers the criminal history of the offender and the number of convictions he or she has had. The board rates the level of “adjustment” that has occurred while in prison and how much far away one has got from their criminal behavior.
- The board looks at the nature, motive, and time of the crime assessing the circumstances of how the inmate was raised and exposed to criminal behavior. This allows a little justification and reasoning of why this person is no longer as big of a threat to society.
- Most importantly the parole board evaluates the victim impact statement. A VIS is an official document which the victim(s) or the family of the victim submit the courts during or post conviction of the offender. This document indicates the level of harm, pain, and fear that the offender’s crime has caused on the victim and their family. A victim impact statement very rarely supports the release of the offender, which means the parole board has to evaluate the impact and how long ago the crime occurred as well as making sure the inmate, if released, will not have contact with the victim or their family.
- When the crime resulted in a fatality, victim impact statements are highly weighted and the family of the victim usually advocates for the inmate to remain incarcerated.
- NY State law does not dictate the weight of the inmate’s release. This means that the parole board has the discretion to decide which factor is considered the most when evaluating the parole release of an inmate.
- Despite recent parole reform the regulations and terms of parole are often considered to contribute the “quick fix” mentality that many inmates are released from prison with. Often time’s inmates do not realize how long the road to recovery is and exit prison with the sole objective to return life back to “normal” or what it was before their incarceration. Parole pushes inmates to find jobs, housing, and fast treatment sometimes never realizing how long this process is. Even though an individual more seem to be on the right track, life is never the same after incarceration, especially when drug addiction is involved. The probability of relapsing is increased when individuals are provided with “rush rehabilitation” services.
- DOCS/Parole Re-Entry Programs: Division of Parole, in conjunction with DOCS and OASAS, developed a substance abuse treatment program at the Edgecombe Correctional Facility in New York City for technical parole violators. The program serves up to 100 parolees who face parole violations for substance abuse. The diversion program allows parole violators to avoid a return to state prison by providing them with the help they need to remain safely in the community. While at Edgecombe, parolees receive intensive substance abuse treatment lasting up to 30 days which is delivered by Odyssey House, an OASAS-licensed provider. In addition, agencies work together to provide family reunification and cognitive behavioral treatment to address the issues that led to the parolee’s violative behavior.
- In October 2008, the Orleans program was expanded to include an additional 60 beds for inmates returning to Monroe County. DOCS collaborated with Parole, OASAS and the Erie and Monroe County Re-Entry Task Forces to create these re-entry units, which provide individualized plans tailored to each inmate. Since then additional re-entry units have been implemented at Bayview Correctional Facility in New York City for female offenders and at Hudson Correctional Facility for offenders returning to the Capital Region. While in these re-entry programs inmates meet with parole officers, social workers, potential employers and others from their nearby home community who will provide support and services during the period immediately following the offender’s release from prison. During the 90- to 120-day program, a team made up of DOCS and Parole staff, community agencies, community clergy and the offender, assesses the inmate’s needs, which may include acquiring documentation for employment, housing, family reunification, anger management and substance abuse counseling. Prior to release, participants are referred to programs in the community, such as job training and treatment programs. Assistance in applying for public benefits also is provided to participants in advance of release.
- As an alternative to sentencing New York State has utilized "shock camps", more commonly known as a boot camp type of incarceration. Shock camps are used as a "quick fix" alternative to a long prison sentence. Though this form of punishment in the New York court system may be seen as "second chance" to divert from criminality, shock camp incarceration is also the last chance to reform because many judges will tack on the original full sentence for the crime committed if an inmate has behavior issues during this sentence or re-offends. SHOCK CAMP ARTICLE-CLICK HERE.pdf
- The Division of Criminal Justice Services (DCJS) oversees the County Re-entry Task Forces (CRTFs), which coordinate and strengthen community responses to high-risk offenders transitioning from prison back to the community. These locally-led partnerships include law enforcement agencies, regional parole offices, social service and drug treatment providers and victim advocacy organizations. A total of 13 task forces are funded by DCJS and have extensive support from DCJS, DOP, DOCS and OASAS. Given the fact that the majority of prison admissions now come from counties outside of New York City, the number of releases to upstate counties should continue to increase. These CRTFs play a key role in coordinating services in areas such as housing, employment, substance abuse and other program areas.
- The Second Chance Act of 2007:
- (originated in New York, Signed By Congressman Charless B. Rangal)
Taken from, Govtrack.us
- New York State’s legislature has introduced a bill that would effectively give a select group of non-violent and non-sexual offense felons and misdemeanants the opportunity to have their criminal records sealed. Considering that the United States leads the world in imprisonment, the Second Chance bill sounds like a great piece of legislation. Senator Dale Volker is the sponsor of senate bill number S2244 which is identical to assembly bill number A9989 in the New York State Assembly. If signed into law by Governor David A. Paterson, the aforesaid bill would add a new section to the Criminal Procedure Law by incorporating a § 160.65 which will be referred to as the Second Chance Act.
- The Second Chance Act- is titled "to permit expungement of records of certain non-violent offenses", originated in New York State by Representative Charles Rangel (D-NY).
- Part II: National Second Chance Act of 2007/2009 Mentoring Grants to Nonprofit Organizations (note difference)
- Signed into law on April 9, 2008, the Second Chance Act (P.L. 110-199) was designed to improve outcomes for people returning to communities from prisons and jails. This first-of-its-kind legislation authorizes federal grants to government agencies and nonprofit organizations to provide employment assistance, substance abuse treatment, housing, family programming, mentoring, victims support, and other services that can help reduce recidivism.
- AIDS Council of Northeastern New York, Received: $264,000.00
- Exponents, Received: $300,000.00
- Fund for the City of New York, Received: $299,999.00
- Hour Children Inc., Received: $300,000.00
- Rochester Institute of Technology, Received: $299,969.00
- Spiritus Christi Prison Outreach, Inc, Received: $140,000.00
- Youth Advocate Programs, Inc, Recieved: $297,369.00
- SAMHSA Grantee's of 2008:
- In 2008 the Substance Abuse & Mental Health Services Administration awarded $11.8 Million in nation wide grants to expand substance treatment programs throughout the adult criminal justice population. The program is designed to address gaps in substance abuse treatment services for adults involved with the criminal justice system. Grant recipients will use the funds to expand and or/enhance the community’s ability to provide a comprehensive, integrated and community-based response to a substance abuse treatment capacity problem. The program will also help to improve the quality and intensity of substance abuse treatment services for adults who are in some form of judicial or community justice/corrections program, such as probation, parole, or community corrections. The following grantee's were:
- California
- Florida
- Georgia
- Massachusetts
- Michigan
- New York
- Tennessee
- New York: EAC, Inc., Hempstead, $400,000 for the first year: This grantee will expand and enhance evidence-based services for 190 men and women with co-occurring disorders who have been referred by the comprehensive case management team during the three years of the project. Recovery-oriented services will include wellness, self-management, trauma treatment, motivational interviewing, family reunification, and a cognitive behavioral approach to community reintegration. Center for Community Alternatives, Inc., $400,000 for the first year: This grantee’s Center for Community Alternatives will expand the Crossroads substance abuse treatment program to serve women and men who are involved in the criminal justice system, including people sentenced to alternative-to-incarceration programs or probation, and people released from jail or prison, including parolees. The majority of participants will be people of color, most of whom will come through outreach in parole offices, or referral from other criminal justice stakeholders. Service enhancements will include targeted outreach, pre-treatment and enhanced HIV health services, and trauma-focused counseling.
Examples of How Other States Utilized Grant Funds:
- California: North County Serenity House, Inc., Escondido, $400,000 for first year: This grantee’s project, Serenity Treatment and Recovery (STAR), will provide comprehensive, integrated community-based residential substance abuse treatment for women who are under judicial or community justice/corrections supervision and also have a substance use or co-occurring disorder. In addition to using motivational approaches to treatment, the program will teach women how to cope with trauma, provide sex education and information to help them address female reproductive issues and offer referral and resources to help them obtain employment and housing.
- Volunteers of America of Los Angeles, $400, 000 for first year: This grantee plans to provide a culturally competent, evidence-based program that will help L.A. County decrease its substance abuse rates and reduce rates of recidivism by addressing the gaps in substance abuse treatment. The project will target adult men and women who are under some form of judicial or community justice supervision and who are involved with substances and/or have been diagnosed with a substance abuse disorder or co-occurring substance use and mental health disorder.
- Florida: Pinellas County Sherriff’s Office, $388,738 for first year: Project Recovery Enhancement Program will expand and enhance outpatient treatment and recovery support services to 240 women on probation in Pinellas County over a three-year period. The program will increase capacity, improve the quality and intensity of services for adult women in the community who are involved in the criminal justice system and provide treatment and support services that help prevent relapse and promote sustained recovery from alcohol and drug use disorders.
- Specialized Treatment, Education, and Prevention Services, Inc. Orlando, $348,963 for first year: This grantee’s Expansion of Treatment and Recovery Services Program (ETRSP) will help male and female adult offenders access a continuum of intensive outpatient and recovery support services in the Orange County community. Working with the Orange County Corrections Department, ETRSP will gain access to almost 4,000 active offenders under probation supervision and approximately 150 eligible inmates at the Work Release Center.
- Georgia: STAND, Inc., Decatur, $400,000 for the first year: Project Self Empowerment will target individuals who are under some form of judicial or community justice supervision and who have been involved with substance abuse. The program will target males, ages 18 to 45, residing in DeKalb County. Each candidate must have had no more than two treatment experiences to be eligible to participate in the project.
- Massachusetts: SPAN, Inc., Boston, $400,000 for the first year: This grantee will serve a target population of parolees who will be referred to the program by two Boston area parole offices. The substance abuse coordinator located at each office will make referrals to SPAN’s program seamless. Priority will be given to returning veterans and those who are chronically inebriated. Treatment services will be offered to men and women who are reintegrating into society after being in prison. The program will reduce waiting periods to substance abuse treatment, increase treatment participation and reduce substance abuse-related violations among adult parolees.
- Michigan: Oakland Family Services, Pontiac, $399,925 for the first year: The Detroit area is experiencing difficult economic times with high unemployment. The grantee’s FOCUS program will enhance existing treatment services in an adult substance abuse treatment program by adding comprehensive case management and continuing care services following the Assertive Community Treatment (ACT) model, providing recovery support services, including transportation to and from services, parenting and child development education, and skills acquisition training in order to improve treatment retention and completion and sustained recovery.
- Tennessee: Centerstone Community Mental Health Center, Nashville, $400,000 for the first year: In several rural counties throughout Tennessee, methamphetamine, cocaine and marijuana production, trafficking and abuse, along with alcohol and prescription drug misuse are straining the local criminal justice system, creating environmental hazards and endangering lives. Project for Recovery, Encouragement and Empowerment (FREE) will provide screening/assessment, treatment planning, outpatient and intensive outpatient treatment, case management, family/individual substance abuse education, relapse prevention, drug testing/monitoring and other recovery support services, as well as linkages with primary and mental health care.
- The Garden State Model:
- "New York has increased educational opportunities and vocational training for inmates, created local re-entry task forces and in-prison re-entry units to help offenders with post-incarceration housing and social service needs, reduced telephone call rates for inmates' families, enhanced specialized medical and mental health services in prison, launched drug diversion and community treatment programs, and prohibited disqualification of certain license applicants because of a criminal record. Our crime rate and prison population have both dropped sharply in the last decade. In searching for a national model, The Times should consider New York's record."-Brian Fisher Commissioner, New York State Department of Correctional Services Albany.
- New York State has worked steadily to shine light on prison reentry services. Agencies such as the Division of Parole, Department of Corrections, District Attorney's offices, and the county wide police divisions have formed into county wide task forces along with non-profits service providing agencies and foundations to create resources and services for the reentry population. Of course, many resources and services that have been developed for the prison reentry population have based in the state's capital city of Albany.
Key Organizations/Individuals
- Justice Assistance Grant (JAG) Contact
- EUDL Coordinator
- Walter Davies
- NYS Office of Alcoholism and Substance Abuse Services (OASAS)
- Bureau of Systems Development and Public Education
- Address 1450 Western Avenue Albany, New York 12203
- 518-485-0496 (telephone)
- WaltDavies@oasas.state.ny.us
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JABG Coordinator
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Joe Lostritto
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Criminal Justice Program Representative
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NYS Division of Criminal Justice Services
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Address4 Tower Place Albany, New York 12203
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518-457-3670 (telephone)
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518-485-0909 (FAX)
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joe.lostritto@dcjs.state.ny.us
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State Planning Agency
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Sean M. Byrne
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Acting Commissioner
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Division of Criminal Justice Services
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Address: 4 Tower Place Albany, New York 12203-3702
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518-457-1260 (telephone)
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518-485-3809 (FAX)
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sean.byrne@dcjs.state.ny.us
Bibliography web sites, reports, articles, and other reference material