NCJ Number
46995
Date Published
1978
Length
57 pages
Annotation
AN ASSESSMENT OF THE TEMPORARY RELEASE PROGRAM OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, REQUIRED BY THE STATE LEGISLATURE, IS PRESENTED TOGETHER WITH RECOMMENDATIONS FOR PROGRAM CHANGES.
Abstract
THE FIRST TEMPORARY RELEASE LAW IN NEW YORK STATE WAS ENACTED IN 1969, AMENDED IN 1972, AND AGAIN IN 1977. ELIGIBLE INMATES MUST INITIATE THE APPLICATION FOR TEMPORARY RELEASE. IN FACILITIES USING THE POINT SELECTION SYSTEM DEVISED BY THE VERA INSTITUTE OF JUSTICE, THE INMATE MEETS WITH THE TEMPORARY RELEASE INTERVIEWER WHO SCORES THE APPLICATION AND COMPLETES THE RECORD CHECK. CONSIDERATION FOR RELEASE WILL THEN BE DEPENDENT ON THE INMATE'S HAVING SUFFICIENT POINTS. IN FACILITIES NOT YET USING THE SYSTEM, THE TEMPORARY RELEASE COMMITTEE USES STATUTORY CATEGORIES AND DEPARTMENTAL GUIDELINES IN DETERMINING ELIGIBILITY. THE RELEASE COMMITTEE SCREENS ALL APPLICANTS AND MAKES A RELEASE DECISION WHICH IS SUBJECT TO APPROVAL BY THE SUPERINTENDENT, AND IN SOME CASES ALSO BY THE COMMISSIONER. INMATES MAY APPEAL A DECISION DENYING RELEASE. IN GENERAL, REVIEW PROCESSES AND DECISIONS AT THE VARIOUS LEVELS ARE BASED LARGELY ON SUBJECTIVE JUDGMENT OF THE INMATE'S POTENTIAL FOR SUCCESS AND THE POSSIBLE DEGREE OF RISK TO THE PUBLIC IF THE RELEASE IS GRANTED. THE PROCESS OF REVIEW NORMALLY TAKES ABOUT 6 WEEKS, ALTHOUGH ABOUT 35 PERCENT OF THE APPLICATIONS REMAIN PENDING FOR LONGER PERIODS. THE 1977 LAW HAS SLOWED THE FLOW OF INMATES INTO ALL FORMS OF TEMPORARY RELEASE (WORK RELEASE, EDUCATIONAL RELEASE, FURLOUGHS), AND THERE HAS BEEN A STEADY DECREASE IN THE NUMBER OF RELEASE APPROVALS. FURLOUGHS HAVE A DIFFERENT PURPOSE AND A HIGHER SUCCESS RATE THAN OTHER FORMS OF TEMPORARY RELEASE. NEW YORK CITY HAS THE LARGEST NUMBER OF RELEASE FACILITIES. PROBLEMS WITH NEW YORK CITY OPERATIONS HAVE INCLUDED A LACK OF CLARITY IN JOB DESCRIPTIONS AND TRAINING AND A GREAT DEAL OF CONFUSION ABOUT THE PROGRAM. PROGRAM COSTS WERE APPROXIMATELY $9,400,000 FOR FISCAL YEAR 1977. A REVIEW OF RECORDKEEPING INDICATED SERIOUS LACKS IN THE AVAILABILITY AND ACCURACY OF DATA REGARDING RECIDIVISM, REARREST, AND ABSCONDING RATES. IN GENERAL, THE PROGRAM APPEARS TO OPERATE AT A MINIMAL CAPACITY; HOWEVER, WHILE THE CONCEPT OF TEMPORARY RELEASE IS APPROVED AND WORKABLE, A LACK OF SUFFICIENT DEVELOPMENT IN NEW YORK STATE MAKES AN EVALUATION OF ITS UTILITY DIFFICULT. FURTHER, THE PROCESSES AND PROCEDURES SHOULD BE SIMPLIFIED TO BETTER SERVE THE INTERESTS OF THE RESIDENTS OF THE STATE, CORRECTIONAL PERSONNEL, AND THE INMATES. SPECIFIC CHANGES ARE RECOMMENDED IN THE AREAS OF LEGISLATION AND PROGRAM OPERATION. TABULAR AND GRAPHIC DATA AND DATA FORMS ARE ALSO PROVIDED. A GLOSSARY IS INCLUDED, AND APPENDIXES PRESENT THE RELEASE APPLICATION, VERA POINT SCORE AND CRIMINAL HISTORY SUMMARY, AND RELEASE DECISION GUIDELINES. (JAP)