ALBANY, N.Y. (NEXSTAR) — Lawmakers and advocates gathered at the State Capitol in Albany on Monday to press for three sentencing reform bills. They want the legislature to pass the measures letting judges reconsider long prison terms and repealing mandatory minimum sentences before the session ends in June.

The rally came as prison populations hover above 30,000—with almost three-quarters of those being people of color—amid a staffing crisis at state-run prisons across New York. With prison populations having shrunk dramatically since a Y2K-era peak, officials proposed early release for many people incarcerated at state prisons.

Speakers at the rally said the Second Look Act, the Marvin Mayfield Act, and the Earned Time Act could trigger real change in New York’s criminal justice system. They think judges and the courts need better tools to adjust old sentencing requirements dating back to tough-on-crime laws from the 1970s—the Rockefeller Drug Laws—and the 1990s.

Republican legislators, in the minority across both chambers in New York, argue that their counterparts in the majority have lost the thread. “The steady drumbeat of Democrats’ pro-criminal policies disguised as ‘reforms’ has done nothing but create chaos and undermine law enforcement,” Assemblymember Phil Palmesano said on April 2. “Once again, Democrats have proven they are incapable of running the correctional system. Violence is up. Prisons are closing. Staffing numbers are in free fall.”

Mandatory minimum sentencing sets an amount of time that a judge must give for specific levels of criminal offense, no matter an individual defendant’s circumstances. The Marvin Mayfield Act, S158/A1283, would repeal those fixed terms, giving judges more discretion. They could assess fines or order probation or attendance at community programs, offering some people shorter stays or treatment after conviction.

Under Marvin Mayfield, sponsored by Democratic Assemblymember Demond Meeks, probation reports would also include a clear accounting of how much a stint in prison costs the state or county. It would also require the judge to justify the length of a sentence in writing so appeals courts understand their exact reasoning.

Plus, courts would credit time served in local jails before trial so people don’t serve extra days. They’d have to track how many incarcerated individuals apply for work release, furlough, or leave and report those numbers twice a year.

Robert Ricks—the father of Robert Brooks, allegedly murdered by correction officers at Marcy Correctional Facility—also spoke, urging lawmakers to let judges weigh each person’s past and struggles:

“I support the Marvin Mayfield Act,” Ricks said. “Mandatory minimums prevent a judge from considering one’s mental state at sentencing or any other factor.”

Meanwhile, under the Second Look Act—S1209/A1297—people who served at least 10 years or half of their sentence could ask the courts to reduce their sentence. Prison officials would have to send written notice to the inmate, their lawyer, legal aid groups, the original court, and the district attorney 30 days before they’re eligible.

Applicants would be able to submit letters or video to show extenuating circumstances: personal growth, treatment, or trauma. Officials would hold a hearing to consider the inmate’s age when they committed the crime, their behavior in prison, victim statements, and the cost of keeping them imprisoned.

When reviewing an application, the court must use a different judge than the one who first determined the original sentence. That judge would have to start with a presumption in favor of release for anyone who committed their crime under age 25 or who turns 55 before applying. They may set a new sentence but can’t add more time.

Under Second Look, inmates file again every three years if their application gets denied. Organizers argued that Second Look would prompt judges to review cases with fresh eyes, and Marvin Mayfield would free them from rigid rules that don’t fit every situation. Both would require written rulings within 30 days and give defendants the opportunity to appeal denials. Lawmakers would get annual reports on who applies for reconsideration, who wins relief, their race, years served, the judge’s name, and official position of the district attorney in the matter.

They also supported the Earned Time Act, letting incarcerated people earn back up to half their sentence for good behavior, work, or education while incarcerated. Boosting “good time” rewards, they argued, would reduce violence and recidivism. Taken together, advocates behind Monday’s rally think these bills would repair the system, save money, encourage people locked in decades-old sentences, and help heal families and communities devastated by over-policing.

State Senator Cordell Cleare co-sponsored all of the bills in question. Quoting civil rights legends James Baldwin and Fannie Lou Hamer, she connected them to broader criminal justice goals:

“We fight for our humanity. We fight for our dignity. We fight for truth, security, and real public safety,” she said. “We keep people too long. We don’t service them, and we make more hurt individuals. And that doesn’t help safety. Who more than those in this predicament need access to training, need access to a skill, another way to make money, another way to feed their families, another way to have self-respect and dignity?”

But, “It is time for us to put the interests of victims first and take a strong stand against proposals that jeopardize public safety,” according to Republican State Senator Mark Walczyk.

Source link