Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1283
SPONSOR: Walker TITLE OF BILL:
An act to amend the criminal procedure law, in relation to authorizing
certain persons confined in institutions operated by the department of
corrections and community supervision to apply for a sentence reduction
PURPOSE:
This bill provides incarcerated individuals who have been sentenced to
lengthy prison sentences of a decade or longer the chance to obtain a
"second look" at their sentences. These individuals will now be able to
provide post-sentencing information and mitigation from years of incar-
ceration to a judge and apply for a sentence reduction in the interests
of justice. This bill seeks to address the harms caused by New York's
history of imposing overly harsh sentences, including those required by
mandatory minimums, by allowing judges to utilize their independent
discretion in the Interest of justice to reduce an individual's sentence
notwithstanding any required minimum sentence.
SUMMARY OF PROVISIONS:
Section 1. Amends the criminal procedure law by creating a new section
440.45 that allows certain individuals to apply for a sentence
reduction.
Subdivision 1 of the new section 440.45 provides the eligibility and
notice requirements for an application to reduce a sentence as well as a
right to counsel for eligible incarcerated individuals. Individuals who
have served either ten years or half of a sentence of at least ten
years, whichever Is less, are eligible to apply for a sentence
reduction. The prosecutor has discretion to deem individuals eligible
who are otherwise ineligible and to make applications on behalf of
incarcerated individuals.
Subdivision 2 of the hew section 440.45 establishes accountability and
requirements for the content and review of any application. Instead of
having the same judge who initially sentenced the applicant review the
application, where possible, the administrative judge of the relevant
county must assign the application to a different judge. If requested, a
hearing must be held on the application at which the applicant and their
counsel would have a right to be present and to submit relevant
evidence.
Subdivision 3 provides that an eligible applicant's sentence must be
reduced when, after consideration of the statutory factors listed in
subdivision 4, the court determines the interests of justice warrant a
reduction. When such a reduction is warranted, the reviewing judge may
issue a sentence less than the statutory minimum sentence, and general-
ly, the reduction should allow for an applicant's release. The court
cannot increase an applicant's sentence.
Subdivision 4 creates rebuttable presumptions in favor of a sentence
reduction if an eligible applicant is 55 years of age or older or if the
eligible applicant was under 25 years of age at the time of the offense.
This subdivision also provides factors that must be considered by the
reviewing judge in making a decision on the application for a reduction.
Subdivision 5 requires the reviewing judge to provide detailed findings
of fact and reasons in writing for any decision to grant or deny an
application for a sentence reduction.
Subdivision 6 provides that any jail time or period of incarceration
already served must be credited towards any new sentence.
Subdivision 7 establishes the right to appeal.
Subdivision 8 permits the filing of successive applications.
Subdivision 9 prohibits the use of this section to Impact any other
proceedings.
Subdivision 10 requires the comptroller to conduct an analysis of the
savings found from decarceration pursuant to this section and to make
recommendations to the legislature in three years regarding the diver-
sion of those savings to prison-based and community-based programs
designed to counter recidivism.
Subdivision 11 provides for data collection about the application proc-
ess to assist with transparency.
Section 2. Provides the effective date of the act.
JUSTIFICATION:
New York continues to incarcerate thousands of people pursuant to
sentences of a decade or more, and most of these people are Black and
Latinx. Many were sentenced pursuant to mandatory minimums, including
two- and three-strike laws, which prohibit judges from utilizing any
discretion and considering the individual being sentenced. No mechanism
currently exists for judges to 'reconsider these sentences. This Act
will provide these individuals with an opportunity to demonstrate to a
judge that they have changed and to ask for extreme and disparate
sentences to be reconsidered to account for not only the individual but
also new laws, scientific research, and norms. Providing a second look
for these individuals not only allows New York to account for the indi-
vidual serving the sentence but.saves New York the financial costs of
unnecessarily caging a person in the state prison system. These dollars
can be reinvested in community-based and prison-based programs designed
to effectively counter recidivism.
SOCIAL AND RACIAL JUSTICE IMPACT:
The population of individuals serving lengthy prison sentences in New
York reflects stark racial disparities - with people of color represent-
ing a disproportionately high percentage of those serving such
sentences. Not only are racial disparities reflected in the absolute
numbers of people serving such sentences, such racial disparities are
also reflected in imposition of lengthy sentences.
Statistics compiled by the NYS Division of Criminal Justice Services
show that in 2019, while Black people made up 15% of the state's popu-
lation, they accounted for 38% of arrests, 45% of felony arrests, and
48% of those sentenced to prison. Similarly, Latinx people made up 18%
of the population, yet accounted for .24% of arrests, 24% of felony
arrests, and 23% of those sentenced to prison. A 2021 report prepared by
The Sentencing Project, "The Color of Justice, Racial and Ethnic Dispar-
ity in State Prisons", found that New York had one of the highest rates
of racial disparities in imprisonment in the country - Black people are
sentenced to prison in New York at 7.9 times the rate of white people
and Latinx people are sentenced to prison in New York at 3 times the
rate of whites. The disproportionate Imposition of harsh and lengthy
prison sentences on people of color has caused harm to individuals,
families, and communities. By creating opportunities for lengthy
sentences to get a second look and to be reduced if certain criteria are
met, this bill would represent an important step for New York in taking
account of and addressing the history of radially disparate sentences.
PRIOR LEGISLATIVE HISTORY:
2023-2024: A531; referred to Codes
2022: A8894; referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined, though it is likely that by reducing rates of incar-
ceration and by increasing the availability of educational and job
opportunities, this legislation will save the State money (the cost of
incarceration) and will increase tax revenue.
EFFECTIVE DATE:
Immediately after becoming law.
