Front Page / Issue Briefs / Justice, Crime and Public Safety / Prisoner Re-Entry / USA / New York / Albany

Issue Brief

Prisoner Re-Entry - Albany, New York

Scope of the Problem  factual statements on the extent of the problem in the past, current, or future

• Albany's current population is around 93,539, with the overall county population of 297,414. ^[1] 
• The prisoner recidivism rate is in the low 40% as of 2009.-Sheriff Apple ^[2]
• Albany County has seen rising trends in persons being released with a history of violent crime as well as a rising rate of recidivism for returning offenders through the period of 1997-2006. In 1997, 10.% of Albany County offenders released returned to the NYS Department of Correctional Services (DOCS) within one year, 22.9% returned in 2 years, and 33.3% returned within three years. ^[3]

• Albany County's 2008 crime rates per 100,000 population for index crime, violent crime and property crime were among the highest in New York State. ^[4]

• In 2008, the number of violent offenders entering the New York prison system outnumbered those convicted of  non-violent offenses by nearly 45%, which has lead to harsher treatment by the courts, state prisons, and parole boards since violent offenders are often disqualified from certain services^[5]. 

• In Albany County there is severe limit on access to employment benefits as well as public benefits because of the push back tax payers have on increased taxes to support ex-convicts^[6].  

•  The Peter Young Housing and Treatment Industries identifies one of the biggest problems in Albany prison reentry efforts is creating successful  reentry programs amongst the  overcoming labeling barriers between the greater capital  community and ex-offenders. 

Past Policy & Program Milestones  key legislation and milestones including significant policy and funding shifts, major studies, etc.

• In support of the prison reentry population, New York State has two laws that protect persons with criminal records from discrimination by employers and occupational licensing agencies:

1. Article 23- A of the Correction Law (§§750-755): The applicability of this law applies to any application of a person who has previously been convicted of one or more criminal offenses, in the state of New York or in any other jurisdiction, to any public agency or private employer for a license or employment, except where a mandatory forfeiture, disability, or bar to employment is imposed by law, and has not been removed by an executive pardon, certificate of relief from disabilities or certificate of good conduct. 
2.  /And the Human Rights Law (Exec. L. §296(15), (16)).NYS Human Rights Law (Exec. L. 296(16), prohibits public and private employers and occupational licensing agencies from denying any individual a job or license (or otherwise discriminating against that person) because of any arrest that did NOT result in a conviction. Under CPL §160.50, such arrests should be sealed. CPL §160.60 allows such arrests to be viewed as a legal nullity. However, IT DOES NOT APPLY TO POLICE OR LAW ENFORCEMENT JOBS.

• State wide  prison reentry services started through the Transition from Prison to Community (TPC) of 2004. Before this change in language, effort, and networks prison reentry services were broken down into categories (in Albany for example) titled Discharge Planning Assessments.
• The assessments of  parole services for ex-offenders were “Differential supervision & Discharge Planning which assigned parolee services to one of  4 categories which  they would supervised by, according to the amount of time they were out on parole, the type of crime/post incarceration services needed for the parolee,  and their adjustment to parole.

• The four categories or "tracks" which were used in the early 1980-late 1990's for parolee's were: 
• Track A: Someone who has no real social service needs meaning they were less likely to be suffering from  drug addictions nor in need of Social Service benefits such as  EBT or Medicaid. The main concern for these parole's was finding a job as they were a usually non-violent first time felony offenders. In this time the law was considered to be much  harsher so they got caught into the prison system for a crime that today may not of necessarily been punished with jail time. These individuals were usually ex-convicts of minor property crimes, fraud, or varying degree's of larceny. 
• Track B: Someone who would require some service linkage prior to release-not as harsh or intense, just evidence of some type of drug involvement. This groups of parole's required some type of  evaluation on release and throughout their time on parole but the person was for the most part stable, usually educated education (at least past high school), and had a family/secure home  to go return to. 
• Track C-A person who has a larger criminal history and Higher level of need such as and untreated mental health disability mixed in, lower education, no advanced study, re-offending issues, and a history of drug addiction. This is an inmate who have most likely failed past prison reentry or rehabilitation programs. He or she has committed harsher crimes with longer jail time. Often times they do not have a family or stable housing situation post release. Due to their severe need of supervision to successfully complete parole, this individual would most likely  require service referrals to treatment programs and supportive living.
•  Track D- This person would display an elevated community need for housing, rehabilitative treatment, and social integration. He is she  could not go to a home or transitional residence due to high mental health needs or high medical needs which often occurs in older prisoners who have been incarcerated for decades. What's also  to consider with Track D parolee's is in the 1980’s there was a lot of HIV, with poor treatment for the prison population. Therefore  nursing homes got extra funds if they took these sick criminals and supplied adequate care and housing. Otherwise parole had to refer these people to a higher services for state assistance to cover with careful observation. 

   

• 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.
•  And Finally, an inmate could die and therefore be "released" out of the criminal justice system. 

• The advancement of state wide parole boards have allowed for more reentry services and county based assistance programs for ex-offenders to enroll in during parole and probation release. 
• Between 1980-1985’ the Department of Corrections developed the boot camp model, known as Shock Incarceration-which was later used as an alternative to longer prison sentences. Shock incarceration was a more military style of prisoning with drills, intense physical activity, and tough military trained officers. This maximum level of obedience was used to direct youthful offenders towards learning direction, self responsibility, and team-based structure. Shock incarceration was designed for young non-violent offenders (both male and female) to receive substance abuse treatment, mandatory education classes, and therapeutic treatment to create the reintegration of law abiding citizens rather then co-occurring convicts. 
•  For example a  Judge would sentence an  inmate to 6 months of Shock Incarceration and then parole for the remainder of their sentence-and if an inmate screwed up, he or she would be facing the minimum sentence for their crime committed-described more in current policy. 
• In 1995 as result to the rising substance abuse problems amongst ex-offenders, The Departments of Parole, Corrections, and The NY State Office of Alcoholism & Substance Abuse Services OASAS, collaborated in creation of a county wide drug treatment center titled the WIllard Drug Treatment Campus. The 900-bed intensive "boot camp" structured drug treatment campus (located in Willard, NY) treats patients (parolee's) from both Albany and Seneca county, NY. This voluntary 90-day treatment program also provides a sentencing option for individuals convicted of a drug offense and parole violators who otherwise would have been returned to a state prison in most cases for a year or more.The facility is operated by all three sponsoring departments under intense standards of academic, vocational, substance abuse treatment.  

Current Policy & Programs  summary of current policies in the form of legislation, programs, and funding

• Prior to the establishment of the Reentry Task Force of Albany County, as well as surrounding counties, prison reentry efforts were controlled by the Department of Corrections parole division and their program operations put together for ex-offenders. Overall Albany Prison Reentry services were court based, under the parole board. The evolvement of the Reentry Task Force which has created networking around prison reentry services and the callobaration of programs, funds, and resources. Albany has dediciated more effort towards rehabilitation and prison reentry services.^[7] The courts have recognized programs such as Peter Young Housing and Treatment Industry and utilized such services as an alternative to prison or Judges with knowledge of such programs have  shortened sentences if an offender agrees to enroll in one of the county wide treatment programs. New York State courts have also utilized alternative prisons, known as "shock camps" or "boot camps"  to be offer a second and last chance for many criminal offenders and drug abusers to quickly divert from offending.

•  The recent independence of prison reentry services does not necessary mean that prison reentry      has changed in Albany but indicates that funding, language, and more support for the well-being of ex-offenders as well as  informing the community of reentry issues, has advanced beyond the courts parole division.   

• In July of 2008, Albany County was awarded $150,325.00 from the Department of Criminal Justice Services (DCJS) in grant money to establish a task force for prison reentry and enhance the county's current services. The grant period ended in June of 2009, which means funds were to used by that  time to create a prison reentry service program. The goal of the grant is to create outreach that will specifically support successful offender reentry and address their criminogenic and survival needs post incarceration. This is considered the first effort of prison reentry programing in Albany County independent of the Department of Corrections Parole division. There are three contractual objectives and related activities that were set the first year of the grant: 

• Conduct  evaluations of the existing reentry system in Albany using the TPC model. 

• Submit Monthly offender data and quarterly progress reports and data.

• Engage the broader community by conducting public outreach and community education.  

• The Albany Country Reentry Task Force (ACRTF): established in October 2008, under a grant received from the New York State Decisions of Criminal Justice (DCJS). The task force is comprised commissioners and governmental leaders, parole, corrections who look at what is happening with NY reentry and develop models to decrease the likelihood of recidivism.

• Albany is one of theof 14 County Reentry Task Forces across New York State, providing services to men and women leaving New York State correctional facilities, utilizing the Transition from Prison to Community model. This service model focuses on providing evidence-based services that address dynamic criminogenic factors such as poor decision-making skills, anti-social attitudes and relationships, and substance abuse. We work closely with the NYS Division of Parole and the NYS Department of Correctional Services, both at the administrative level in Albany, and locally with prison staff, and with parole officers and supervisors. Now in its second year, the Task Force is proud of the progress it has made in lowering the recidivism rate for clients we serve from a national average of 39% in the first year, to 11%.^[8]
•  The objective of the Task Force is to increase public safety and reduce recidivism by developing a strong reentry system that emphasizes evidence-based principles and approaches to addressing the criminogenic needs of formerly incarcerated individuals. The Task Force now seen to be the pilot for prison reentry services in Albany County, directing ex-offenders to the appropriate resources, opportunity, and rehabilitation support available within the county. ACRTF has identified three specific objectives inteneded to benifit ex-offenders:

1. To assist with the development and management of service plans for high risk individuals returning from State prison, in order to effectively manage risk and address thier criminogenic needs, as well as their housing, employment and other stablizing needs. 
2. To continuously analyze the existing reentry system, identify service gaps and systemic operational barriers to successful reentry, and implement strategies and evidence-based principles to build service and resource capacity, and to mitigate or eliminate barriers.
3. To engage the broader community in building a comprehensive reentry system, through community education and outreach efforts targeting various stakeholders such as formally incarcerated persons and their families, service providers, landlords, employers and the general community, in order to build partnerships, increase resource capacity and further strengthen the County's reentry system.  

• TPC MODEL: Established in 2004, the Transition from Prison to Community (TPC)  model was developed by the New York State Devision of Criminal Justice Services and the National Institurte of Criminal Justice (NIC) to improve the transition and reentry process throughout at-risk counties within eight states, Albany county, New York being one of the first to adopt the model. ^[9]Albany uses the TPC Model as a way to develop, implement, and evaluate effective models and plans for the transition process between jail and the community. This initiative under the ACRTF is an opportunity for the county to research and create a county wide vision to reduce recidivism rates. 
• The TPC model has lead to the cordination of a statewide system that assess and responds to offender risk and needs, supports offender accountablility, and reparation to victims and communites, promotes offender self-sufficiency, and lastly encourages family and community involvement in offender sucess. 
• The TPC model has lead to the opening of  reentry units/facilities for offenders who are close to release. These individuals move to a "transitional unit" of the prison as a mechanism to get closer to home and for the community. At this time service providers such as substance abuse treatment agencies and transitional counselors are  able to provide  "in reach" programs. The prisons within the Albany district that are currently participating in this transitional option are  Orleans Correctional Facility  and Bay-view correctional facility for women. 

• Albany Based Reentry Services, Support, and Opportunities
• Gov. David Paterson of New York supports ex-offenders services and has directed $5 million in stimulus money, through a grant from the state Division of Criminal Justice Services, which was given to the Center for Employment Opportunity project including New York, Buffalo, Albany, and eventually Rochester.^[10]
• Work Opportunity Tax Credit-Incentives for Employers: The WOTC is a federal tax credit available to employers upon the hiring of individuals from target groups, primarily the ex-offender population. Previously incarcerated individuals who are economically disadvantaged people are often very unlucky in the job force, thereofre the New York State Department of Labor has agreed to participate in a work opportunity program that will benifit both the employee and employer. For example, businesses can receive up to $2,400 in federal tax savings for hiring low-income individuals with barriers to employment.
•   Albany County Sheriff's Office Work Alternative Program: Primary program- according to New York State law, a judge may sentence non- violent offenders to perform unpaid services in lieu of incarceration, after evaluating such criteria as previous criminal history and severity of current crime, the offender is recommended to this alternative criminal justice program. This service may be completed as a condition of probation, or as a requirement of conditional discharge. The sentencing judge determines the number of hours to be worked, in accordance with the schedule established by the Sheriff’s Department.
•   Albany County Reentry Resources: The Albany County Reentry Task Force is one of many DCJS grant funded Task Forces currently operating in NYS. Their mission is to increase public safety and to reduce recidivism by addressing the needs of formerly incarcerated individuals and helping them to overcome any barriers encountered upon returning to their communities that might prohibit them from becoming self-sufficient productive members of society. The Albany County Reentry Task Force is led by the following three agencies: Albany County Department of Mental Health; Albany County Department of Probation;   Albany County Department of Social Services.

Key Organizations contacts for public and private organizations

• Government
• Albany Country Department of Probation: The mission of the Albany County Probation Department is to ensure the safety of Albany County residents by supervising all juvenile and adult clients on probation and helping them become responsible productive and law-abiding members of the community. Agency services include the preparation of pre-sentence investigations and reports for the criminal courts and the supervision of criminals sentenced to probation. Investigation and supervision functions are also provided for criminals released from the jail by the Local Conditional Release Commission. Intake, investigation and supervision services are provided for Family Court. Many discretionary services for pretrial and alternative sentencing are also provided. This county probation department participates in PINS (Person In Need of Supervision).
• Albany County Department of Social Services: The Albany County Department of Social Services is responsible for addressing the social service needs of the poor and the near poor, as well as those who are unable to care for and protect themselves, while at the same time upholding the laws that govern the Department.It is our mission to improve the quality of life in Albany County by helping people to help themselves, to help those incapable of acting on their own behalf and to ensure everyone has an acceptable standard of living.
•  Division of Human Rights, New York State:  New York has the proud distinction of being the first state in the nation to enact a Human Rights Law, which affords every citizen “an equal opportunity to enjoy a full and productive life.” This law prohibits discrimination in employment, housing, credit, places of public accommodations, and non-sectarian educational institutions, based on age, race, national origin, gender, sexual orientation, marital status, disability, military status, and other specified classes.
•  Non-Profit - Service Providing
• Center for Employment Opportunity: CEO is a 501(c)3 nonprofit organization. For more than 30 years, CEO's goal has been to provide immediate, comprehensive and effective employment services for men and women returning from incarceration.CEO began as a demonstration project of the Vera Institute of Justice in the 1970s to address employment barriers facing the formerly incarcerated following release. In 1996, CEO became an independent nonprofit organization, providing comprehensive employment services to people newly released from New York State prisons and detention facilities. 
• Peter Young Housing Industries & Treatment:  The "glidepath" has three components: recovery, housing, and jobs. Joined seamlessly together, these offer addicted men and women a fighting chance to become healthy, employed, tax-paying citizens with careers, families, friendships, and futures. For more than four decades, the Peter G Young Foundation has worked effectively to help decent people who have - for one sad reason or another - succumbed to life's pressures. They end up poor, homeless, addicted to drugs or alcohol, or even in prison. But the Foundation's time-tested recovery paradigm has produced amazing results, helping to return more than nine out of ten recipients to honest, productive lives.
• Center for Law and Justice: The Center for Law and Justice was founded by Dr. Alice Green in 1985. For the past 22 years, the Center has been serving the low-income and disadvantaged communities of New York through education and advocacy. The mission of the Center is to promote the empowerment of individuals and communities to change social policy with a goal of creating equal opportunities for all people without regard to economic status, race or ethnicity.
• Prisoners Legal Services:  PLS' mission is to provide high quality, effective legal representation and assistance to indigent prisoners, to help them to secure their civil and human rights, and to advocate for humane prisons and for a more humane criminal justice system. PLS was established in 1976 and has been providing civil legal services to prisoners in New York State prisons since that time. 
• Non-Profit - Advocacy/Membership/Network

• AIDS Council of Northeastern New York: The AIDS Council of Northeastern New York is a not-for-profit human service agency whose mission is to reduce the risk, fear, and incidence of HIV infection, encourage the independence of people living with or affected by HIV/AIDS, and promote understanding of their needs. The organization has done numerous work with the reentry population and provided services to ex-offenders for over 20 years who are both infected and at high risk for catching HIV. The reentry population is a community that's considered high risk for HIV/AIDs decease therefore the organization offers "expanded services" to this population. 

•  Prison Action Network: Provides educational and advocacy services that educate people about the conditions of incarceration and works to help support legislation that will help provide more services, knowledge, and rights for the the prison reentry population. 

• Foundation
• Peter G Young Foundation: Father Young created the Peter G Young Foundation to help the homeless. Often a person, for various reasons, is ineligible to receive medicaid or other public funding, and must fend for themselves. That's where his foundation can help. Using 100% private donations, Father Young is able to feed and shelter the homeless for whom there is no other help available. Thousands of people have been helped through the years in getting their lives back on track and back into society, becoming law-abiding, productive citizens once more.
• Other
•  

Bibliography   web sites, reports, articles, and other reference material

• Albany County Reentry Task Force Assessment of Albany County Reentry System, 2010 Draft.

• Ed Farley, Interview, August 10, 2010. Region 4 Director of Parole: Albany County. 

• On Your Own, A Publication of the Center for Law and Justice, Inc. Ninth Edition: 2010-2011.  

Contributor(s):

Footnotes

1. http://www.albanycountysheriff.com/# ▲
2. http://www.albanycountysheriff.com/ ▲
3. Albany Reentry Task Force Assessment, 2010 ▲
4. Albany County Reentry Task Force Assessment, 2010 ▲
5. (Farley,Ed 2010) ▲
6. (Farley,Ed 2010) ▲
7. On Your Own, Ninth Ed: 2010. ▲
8. http://www.cfcrochester.org/pg/reentry-task-force ▲
9. http://nicic.gov/Library/022669 ▲
10. http://www.timesunion.com/AspStories/story.asp?category=albany&storyID=928412&BCCode=&newsdate=5/6/2010 ▲