Blueprint for resolving NYS prison crisis draws political support

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The Justice Policy Institute’s (JPI) newest report titled “A Moment of Reckoning,” which delineates a criminal justice reform gameplan toward ending the state’s ongoing prison crisis and was released on March 13, is gaining support.

A wildcat strike among corrections officers across New York and the killing of Robert Brooks at the hands of prison staff thrust the Department of Corrections and Community Supervision (DOCCS) into national headlines. Preliminary reporting and statements by Gov. Kathy Hochul on the death of Harlemite Messiah Nantwi indicates a similar upcoming fallout to Brooks’ killing, which led to the arrest and murder charges for at least a half dozen prison guards.

Over a Zoom press conference, Rep. Nydia Velázquez said the report “lays out the solutions” for reforming the state’s prison system. She pointed to steps delineated by JPI like fully implementing the HALT law banning solitary confinement, establishing violence prevention programs and expanding clemency. Additionally, the congresswoman called for accountability for the deaths of Brooks and Nantwi.

“This is truly a moment of reckoning,” said Rep. Velázquez. “And [the report] lays out exactly what must be done to confront the deep injustices in our prison system. New York’s prison system is in a state of emergency — the tragic deaths of Robert Brooks and Messiah Nantwi, along with the illegal work stoppage have exposed deep injustices, rampant abuse, solitary confinement violations and a system that prioritizes punishment over rehabilitation.

“This is not justice. Formerly incarcerated people have spoken out, telling us this brutality is not an exception.”

Decarceration is a key component to the blueprint, says JPI executive director Jasmine Tyler. She points to a series of parole reform bills in the state legislature which would allow the release of incarcerated individuals serving lengthy sentences who no longer pose public safety concerns.

“We just have to really think about getting people home and the elected officials,” said Tyler over the phone. “And the elected officials [like the] governor [and] legislature have to prioritize that. We just cannot warehouse this volume of people. It’s not safe and it’s unnecessary.”

The Elder Parole and Fair & Timely Parole bills would better guarantee incarcerated individuals who demonstrate “community readiness” for reentry a fair parole hearing. JPI also advocated for the Second-Look Act which allows people in state prisons to apply for reduced sentencing and the Marvin Mayfield Act which eliminates mandatory minimums that coerce defendants into pleading guilty to lower charges to avoid the risk of going to trial for a harsher sentence.

All those reforms would decrease the current prison population, which the report says will also contribute to safer working conditions that the corrections officers said led to their strikes by cutting down on double shifts and consolidating staff in smaller facilities.

Parts of the HALT laws were suspended as a condition to end the illegal strikes on March 11, which largely affected programming. The legislation is modeled after the United Nations’ Nelson Mandela Rules, which considers solitary confinement for more than 15 straight days as torture.

Properly implementing HALT would mitigate the mental and physical health conditions exposed to incarcerated individuals, according to the report. The findings point to studies concluding solitary confinement causes heart disease, anxiety and depression, along with higher rates of suicide.

The report did not shy away from racial disparities in DOCCS facilities — 49.5% of incarcerated individuals are Black. And they are more likely to be sent to solitary confinement and less likely to receive parole. The current “moment of reckoning” impacts them the most.

“There are countless thousands of others who are just as vulnerable or at risk or subjected to these conditions that we need to be thinking about on a daily basis,” said Tyler. “And that is why advocates, activists [and] family members who have been aware of this are helping to lift up that drumbeat and holding elected officials accountable…it can’t just be the day that we released the report. These are ongoing efforts, because the work is about human rights and liberation.”

DOCCS declined to comment due to department practice for pending legislative actions.

Tandy Lau is a Report for America corps member who writes about public safety for the Amsterdam News. Your donation to match our RFA grant helps keep him writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://bit.ly/amnews1.