Members of the New York State Legislature recently introduced two bills that would change how the state handles sentencing and parole issues. The bills have sparked debate, as their combined effect could significantly reduce the sentences some convicted individuals face. 

The Contents of the Proposed Legislation

Legislators have introduced two bills. Each bill has a counterpart in the state Assembly and the state Senate.

Bills S159 (in the Senate) and A127 (in the Assembly) grant supervised release on parole by default. To prevent someone from receiving supervised release, the Parole Board must prove the person still poses a danger to the public.

Bills S342 and A1085 are together called the “Earned Time Act.” This proposed law would allow inmates to earn time off their sentences. Participating in work, education, or treatment programs would earn people credits toward their sentences. Those serving time could earn off up to one-half of their sentenced time. Once someone earned a credit, they could not lose it again. 

Changes The New Bills Would Make

The two bills make several changes to the current procedures for serving sentences and receiving parole in New York. S159/A127 alters the methods for determining whether someone should be released on parole.

Under New York’s current parole guidelines, the Parole Board weighs several factors to determine whether to grant parole to a particular person. The new rules would set a default assumption: A person before the Parole Board should receive supervised release. Instead of determining whether to grant release, the Parole Board would determine whether reasons exist not to do so. 

The Earned Time Act is more complex. It sets specific guidelines for allowing those sentenced to incarceration to earn time off their sentences.

While most people are familiar with the idea of earning “time off for good behavior,” the Earned Time Act clarifies what “good behavior” is. Such behavior includes participating in work, education, and treatment programs. The proposed Act also clarifies what it means to “earn time off” by creating a credit system and making those credits non-revocable. 

Support and Opposition for the Bills

Both proposed bills have drawn debate. Each bill has both supporters and opponents, who make various arguments for or against enacting the bills into law. 

Critics of both bills say that the rules will allow more dangerous people out of incarceration and back onto the streets. The parole bill’s default rules for supervised release make it more likely that someone will be released only to offend again, say opponents. 

Opponents of the Earned Time Act have similar concerns. These opponents say the bill’s irrevocable time-earned provisions make it particularly dangerous. Once credits are earned, they cannot be taken away, even if the person who earned them later harms others. 

Many opponents say that the legislative branch’s time would be better spent making facilities safer for corrections officers. They point to New York’s recent corrections officers’ strike as evidence that these protections are necessary.

Supporters of the bills, however, note that both laws make New York’s parole and sentencing rules clearer. Currently, many decisions surrounding parole and “good behavior” are discretionary. Corrections staff may make these decisions based on vague or undisclosed information. 

The new bills replace vague, discretionary decision-making with clear, transparent, precise rules, say supporters. They note that both those serving sentences and the public will benefit when the rules for sentencing and parole are clear and the standards for applying them are objective. 

Supporters also note the importance of helping people readjust to society after they serve a criminal sentence. These bills, they say, help people do that. They reduce prison populations by releasing those who don’t pose a threat to others. They also encourage those serving sentences to engage in education, work, or treatment, so they’re better equipped to adjust to life after their sentence has ended. 

Navigating The Criminal Process During and After Sentencing

It’s wise to speak to an experienced criminal defense attorney as soon as you believe you’re under suspicion of a crime. An attorney’s assistance begins as soon as you choose your lawyer, but it doesn’t end there. Your attorney can fight for you throughout the sentencing process and afterward as well. 

To learn more, speak to the team at the Brill Legal Group today. Our attorneys have experience navigating New York’s criminal justice system, fighting on behalf of those accused, charged, or convicted of crimes. We’re here to defend our clients’ rights.