Today’s Sunday Wall Street Journal runs an story by AP Albany Bureau chief Michael Gormley discussing Assembly Speaker Sheldon Silver‘s continued tenure now that he must contend with “an ambitious Gov. Andrew Cuomo who is closely allied with the state Senate’s Republican Majority.” The article includes coments by retiring Assembly Majoritiy Leader Ron Canestrari, Assemblymen Jeff Aubry and Keith Wright, Siena Coll pollster Steve Greenberg, and me.

“I came to see Speaker Silver as the sane center holding the conference together,” said Michael Benjamin, a former Bronx assemblyman and now a good-government advocate. “He has all the versatility of bamboo. I’ve read where bamboo survived Hiroshima. … Governors come and go. Shelly endures.”

I believe too many Albany insiders, seeking to curry favor with Gov. Cuomo, are saying that Speaker Silver’s days are numbered. I didn’t mind sharing my observations about Silver because I respect him a lot.

As I told AP, “I don’t know anyone in government with Silver’s institutional knowledge and memory.” Like bamboo, Shelly is strong when needed and flexible when conditions change.

I truly believe that Speaker Silver will remain the Democratic leader because he is loyal to his Members, the Assembly as an institution, and the bedrock principles of the Democratic party. In my opinion, Silver and the late, great and fabled US House of Representatives Speaker Tip O’Neill share the same qualities.

Read the full AP story via Analysis: As Albany turns, Speaker Silver thrives – WSJ.com.

Shorter prison time sought for abused women in NY

Shorter prison time sought for abused women in NY
Associated Press–June 13, 2011

ALBANY, N.Y. — Kim Dadou spent 17 years in prison for manslaughter for shooting her boyfriend as he choked and threatened her in his car. She had called police several times before and used the gun he kept under the passenger seat to kill him.

She was sentenced to 8 1/3 to 25 years, denied parole five times and released in 2008. Now, New York advocates for women prisoners are pushing legislation to cut sentences for domestic violence victims like Dadou, who strike back at abusers or get coerced into committing other crimes.

INTRODUCER’S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1

BILL NUMBER: S338

SPONSOR: MONTGOMERY

TITLE OF BILL:
An act to amend the correction law, chapter 738 of the laws of 2004 amending the correction law and other laws relating to controlled substances and indeterminate sentences, the executive law, in relation to merit time, and to repeal section 803-b of the correction law relating to limited credit time allowances

PURPOSE OR GENERAL IDEA OF BILL:
To expand eligibility in the merit time allowance program.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 803 of the correction law to allow all inmates, except those serving a sentence of life imprisonment without parole, murder in the first degree, incest, an offense defined in article two hundred sixty-three of the penal law, an act of terrorism, aggravated harassment of an employee by an inmate, or an attempt or conspiracy to commit any such offense, to earn merit time Allowance.

The merit time allowance would be one-sixth of an indeterminate and one-seventh of a determinate sentence. This section of the bill also expands the criteria that a person in the custody of the Department of Correctional Services (DOCS) may meet in order to earn merit time.

Section 2, 3, and 4 of the bill are conforming changes.

Sections 3 through 7 make technical changes to avoid unintended automatic repeal of merit time eligibility for certain offenders

Section 8 makes a conforming change in the Executive Law.

Section 10 of the bill is the effective date.

JUSTIFICATION:
The Merit Time program allows inmates who excel, obtain educational and vocational degrees, and maintain a stellar disciplinary record the opportunity to present their case to the Parole Board earlier than they otherwise would have. The program promotes the rehabilitation of inmates, and thereby provides several significant benefits. Specifically, the program improves discipline within prison, enables the Parole Board to make better evaluations of an inmates ability to reintegrate into society, and saves the State millions of dollars. For these reasons the Governor’s Commission on Sentencing Reform recommended the program be expanded to allow violent offenders to participate. This bill accomplishes that goal.

THE MERIT TIME PROGRAM PROMOTES REHABILITATION
The program was first instituted in 1997, and has been exceedingly successful. The results are clear. Merit Time motivates inmates to take ownership of their future, and to better themselves in order to prove that they are worthy of release by the Parole Board, rather than simply waiting out their maximum sentence until the State is required to grant their release. Those who successfully complete the Merit Time program and are released by the Parole Board show far better recidivism rates than those who served out there maximum. sentence. Since 1997, only 6.1% of inmates who completed the Merit Time program were convicted on another crime within two years, as opposed to 16.5% return for new offense rate for all releases since records have been kept. These men and women have made permanent and profound changes in their lives. They left prison rehabilitated.

This bill expands on the successes of the Merit Time program. When the original program was instituted in the late 20th century, violent offenders were prohibited from participation, due to the fear that these individuals were the “worst of the worst.” It is true that those who cause physical harm to another person, or take a life, deserve greater punishment that those who commit other crimes. But it is false to presume that a person who committed a violent crime is less able to be rehabilitated than a person who committed a nonviolent crime.

Indeed, the opposite is true: The most serious violent offenders have lower recidivism rate than every category of non-violent offender. Of the 585 most serious violent felony offenders who were release to parole supervision for the first time between 2005 and 2008, none has returned to prison for a new crime. Extending merit time to offenders makes sense. Because violent offenders are better able to rehabilitate themselves and live law-abiding lives after they are reintegrated into the community, it is well worth allowing them to participate in the Merit Time program. There are several other benefits as well.

THE MERIT TIME PROGRAM IMPROVES DISCIPLINE IN PRISON
Maintaining safety in prisons is directly related to the balanced ability to punish negative behavior and poor program participation while rewarding positive behavior and good program participation. An inmate who is able to affirmatively take responsibility for their management programs, job training classes, high school and college courses, all while maintaining a superior disciplinary record, will behave better than an inmate who has no such opportunities or incentives. The Merit Time program discourages inmates from breaking the rules, and therefore facilitates the effective administration of the prison. Indeed, the program has been shown to reduce violence in prisons. This bill facilitates those positive outcomes by expanding the eligibility for the merit time program.

THE MERIT TIME PROGRAM SERVES AS AN EVALUATIVE TOOL

For the Parole Board to accurately assess the risk posed by an offender’s reentry into the community, they must understand the personal deficiencies in that inmates character that led to their incarceration, the actions taken by that inmate to rehabilitate themselves while incarcerated, and have a way to measure the results. The Merit Time program provides that information, and the Parole Board is thereby enabled to an informed decision when considering the application of those inmates. This especially significant in the case of violent offenders, who we want to be sure are truly rehabilitated before they are released.
THE MERIT TIME PROGRAM SAVES THE STATE HUNDREDS OF MILLIONS OF DOLLARS

It costs over $50,000 DOC (medical and capital construction costs included) to confine an inmate  for one year. New York State taxpayers benefit when prison is reserved for offenders who pose a risk to the public. The Merit Time Program reduces incarceration costs by limiting the time that persons who have pro-can their rehabilitation remain in prison, and reducing the astronomical expense associated with recidivism. More effective and less costly prison management, and control of prisoners with less pressure on correctional officers, are corollary benefits of good rehabilitation programs and earned rehabilitative incentives.

We should therefore work to expand successful programs that encourage inmates to become better people, and demonstrate that they are prepared to thrive and provide a benefit to society after their release. The Department of Corrections Services estimates that the Merit Time program has saved the State nearly $384 million dollars over the course often years by graduating people those who have proven their worth.

Increasing incarceration while ignoring more effective approaches imposes a heavy burden upon courts, corrections and communities, while providing no impact on crime. Should this legislature expand eligibility to violent offenders who have shown that they can reenter society safely, the State will save tens of millions more.

In order to achieve the desired public safety outcome, the requirements for an expanded Merit Time Program for offenders with a history of violent behavior must be rigorous and designed to promote life changing behaviors. As proposed under this legislation only offenders participating in exceptional programming aimed at permanently changing antisocial behaviors can successfully complete the Merit Time Program.

As a result many will not be eligible for the credit. Merit time credit is not constituted as a right. It is only a privilege incentive afforded to those who exhibit exceptional rehabilitative behaviors and adjustment. An individual who continues to demonstrate counterproductive behavior will not be eligible for merit time credit, and the Parole Board will take longer to consider their case.
PRIOR LEGISLATIVE HISTORY:

Senate: Passed Senate Committee on Crime Victims, Crime and Correction in 2010; Referred to Senate Codes Committee

Assembly: Referred to Assembly Committee on Correction

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The bill will result in savings to the state because the early release of inmates who earn merit time will result in a continued decline in the prison population.

EFFECTIVE DATE:
90th day after becoming law.

Please contact:

Michael F. Nozzolio

NYS Senator Michael F. Nozzolio – Chairperson
Senate Committee on Crime Victims, Crime & Correction
Room 413 Legislative Office Bldg.
Albany, NY 12247
Email address: nozzolio@senate.state.ny.us
Phone: 518-455-2366

Jeffrion Aubry

NYS Assemblyman Jeffrion Aubry – Chairperson
Assembly Commitee on Correction
Room 526 Legislative Office Bldg.
Albany, NY 12248
Phone 518-455-4561
Email Address AubryJ@assembly.state.ny.us

“Given the fact that the feds have had involvement in the facility, it makes sense for them to take a look at what is or is not going on that might be helpful,” said Assemb. Jeffrion Aubry (D-East Elmhurst), chairman of the Assembly’s committee on correction.

The U.S. Justice Department had closely monitored the jail both for overcrowding and, more recently, after finding gross civil rights violations stemming from the 1999 beating death of an inmate and problems with [Nassau University Medical Center]‘s inmate medical care.

The DOJ’s earlier monitoring efforts in Nassau County were concluded in 2005.

Meanwhile, the ACLU of Ohio is seeking information about procedures at the Summit County Jail after an apparent inmate suicide:

[Michael Carl] O’Neill, 51, was taken off life support Tuesday, about two days after he jumped from a second-story ledge from a visitation area inside the jail. The Akron man was being held over the weekend on public-drunkeness-related charges and was assigned to a cot in the open area.

On Friday, the American Civil Liberties Union wrote Alexander expressing concern of potential overcrowding issues. The group is seeking the department’s policies on inmate housing and any mental health evaluation given to O’Neill.

”Housing inmates in a large common area typically used for other purposes raises red flags over potential safety flaws and indicates that the jail may be dangerously overcrowded,” ACLU of Ohio Legal Director James Hardiman said Friday.

In addition, it also bore the names of all of the elected Democratic District Leaders for Peralta’s district.

The party was sponsored by two non-profit entities, and the invitation carried Peralta’s District Office phone number for an RSVP. A Peralta spokesman explained that the party was intended for the whole community and that Assembly members are barred from using taxpayer funds for public parties. However, non-profit groups are permitted to fund such parties. Since Peralta is permitted to attach his name to such parties, and it was for the community, listing his office phone number was permissible.

Where the event may cross the line is the fact that the invitation did not name any of the Republican District Leaders, raising the specter of the party being partisan – essentially a campaign event – and therefore being in violation of a variety of election and campaign laws.

If this party is viewed by the State Board of Elections as a political event, then Peralta – and possibly the other Assembly members involved – may have to report the party as a donation on campaign filings. If that is the case, then it puts Ferreras and Dromm in hot water, because Council members are barred by the City Campaign Finance Board from receiving corporate contributions. Neither Ferreras nor Dromm returned calls seeking comment.

If this were a political or campaign event it would also mean that Peralta used his office and staff for a campaign purpose, which could land him in hot water with the Assembly Ethics Committee.

Peralta’s district office was closed Tuesday, though a spokeswoman reached by cell phone who was working from home said the staff was working. Attempts to reach Peralta or his chief of staff to comment on the organization of the party, the lack of Republican representation on the invitation or any possible local or state violations were fruitless. Representatives from both Aubry and DenDekker’s office said Monday that the party was Peralta’s, not theirs.

A prominent Queens Republican who said he is in constant touch with the elected District leaders who represent the three Assembly districts named in the invitation said he didn’t know of any of them being invited to the “unity” party.

Reach Editor Brian M. Rafferty at brafferty@queenstribune.com or call (718) 357-7400, Ext. 122.

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