NCJ Number
88659
Date Published
1982
Length
19 pages
Annotation
Options to relieve New York State's prison and jail overcrowding problems without new prison construction include punishing parole violators without incarceration, using executive clemency, releasing more pretrial detainees, reevaluating and modifying mandatory sentences, and reclassifying offenders.
Abstract
By rejecting the prison construction bond in November 1981, New York voters told State officials that costly and wasteful prison expansion was no longer an acceptable solution to prison overcrowding. Alternate options which could be implemented immediately are regular bail review hearings, handling parole violators through increased supervision or community-based programs, recomputing the sentences of inmates to give credit for jail time, and passing an emergency powers prison overcrowding act (to give the governor authority to grant early release to selected prisoners). The strain on local jails could be relieved by releasing more pretrial detainees, expanding the scope and effectiveness of pretrial service agencies, increasing the number of persons released prior to arraignment, and expediting the posting of bail. Mandatory sentencing laws passed during the 1970's are a major cause of prison overcrowding, although they have not deterred crime. Reforms are needed in this area as well as in probation policies where probation in felony dispositions has decreased by 30 percent over the last 6 years. The State could also use community service sentences and restitution more frequently. Needed reforms in correctional management include a review of classification standards to reduce maximum security imprisonments, more reentry and prerelease programs, and expanded use of good time and work time credits. Two long-term measures are restructuring State and local responsibility for offenders and a sentencing guidelines commission.