Earlier this month, Crime Victims’ Rights Week was observed nationwide to highlight the challenges faced by crime victims and the rights and services they are entitled to under the law. It is highlighted that New York State continues to prioritize criminals’ rights over those of law-abiding citizens and crime victims due to recent reforms and proposed legislation.
Recently, the Senate’s Crime Victims, Crime and Correction Committee passed two controversial bills. The first bill, labeled S.159, would change the parole process by presuming an inmate should be released unless the Board of Parole can prove the individual poses an unreasonable risk to public safety. This change could result in more inmates obtaining parole, even if they still pose a risk to the community.
The second bill, S.342, proposes to allow inmates to reduce their prison sentences by up to 75 percent through good time and merit time allowances, regardless of the severity of their crimes. For instance, an individual convicted of a serious offense such as rape or assault could be released after serving less than seven years. The legislation also prevents the Department of Corrections and Community Supervision (DOCCS) from revoking merit time credit, even if the inmate engages in misconduct within prison. These proposals have been criticized for minimizing the seriousness of crimes, disregarding the justice system, and disrespecting crime victims’ rights.
Concerns are also raised over a DOCCS directive that permits early release for some inmates to address a shortage of correction officers in state prisons. This shortage was exacerbated by the firing of over 2,000 officers who participated in a safety issue strike. The decision to terminate workers under the Taylor Law is described as extreme and detrimental to the safety of facilities and communities. It is suggested that re-hiring willing former officers could immediately address these staffing concerns.
Reversing some criminal justice reforms, particularly the state’s discovery law related to evidence exchange between prosecution and defense, is posited as another method to better protect victims, families, and communities. Changes enacted in 2020 have reportedly caused delays in prosecutions and dismissals of cases, including those involving domestic violence and violent assaults, on technical grounds, allowing criminals to evade accountability and denying justice to victims.
While there is hope for changes to the discovery law in this year’s budget, there seems to be little effort to revise the state’s bail laws. These laws have allowed many individuals charged with serious crimes to be released from jail without consideration for public safety, including those with prior convictions who re-offend, further victimizing residents.
The article concludes with a call to ensure laws are fair and just for everyone, especially for crime victims and their families.
