When she first came into office in 2021, Hochul vowed to reform the clemency process and grant executive clemency on a rolling basis, a promise many advocates accused her of walking back
By JEROME WRIGHT • TIMES UNION

Jerome Wright
New York’s prisons are plagued by a longstanding crisis of physical brutality, illegal solitary confinement, medical neglect and other abusive conditions that should shock every New Yorker’s conscience. This crisis has only been exacerbated since last year’s illegal strike by correction officers.
A year and a half after the strike ended, the Department of Corrections and Community Supervision is still failing to carry out basic operations, comply with basic legal requirements, fully restore family visits or end rampant lockdowns and denials of programs and services across the system. And this is all in a system on which the state is spending over $5 billion this year, including $1 billion just to have the National Guard supplement the normal prison staff.
DOCCS contends that things are worse after the strike because they have fewer officers than they need for the current number of incarcerated people, and their main strategy has been to try to recruit more officers. Despite a year and a half of these efforts, staffing levels remain stagnant. This recruitment strategy is clearly not going to solve this crisis. Nor would it be solved by spending hundreds of millions of dollars to build a new prison — moving the same brutal practices into a shiny new building.
The good news is that there are solutions. If DOCCS claims it can’t carry out basic prison operations because there aren’t enough staff for the number of people who are incarcerated, and if despite a year and a half of “aggressive recruitment” the number of staff members is not increasing, the clear solution is to reduce the number of people who are incarcerated.
While critics may raise questions about public safety, there are many thousands of people who have spent years, even decades, incarcerated; who have demonstrated a transformation in their thinking and behavior; and who pose little to no risk if released, even according to DOCCS’ own risk assessment tools. What’s more, releasing these people would improve public safety, because they would serve as credible messengers, violence interrupters, re-entry and peer recovery counselors, small-business owners and entrepreneurs, nonprofit leaders, harm reduction experts and more.
There are also thousands of people who are aging and dying behind the walls. They pose the least risk of returning yet carry the highest incarceration costs.
Gov. Kathy Hochul and DOCCS should exercise their existing authority to expand the use of executive clemency, medical parole, work release, home confinement and other release mechanisms. The governor and state lawmakers should also back legislation that would expand opportunities for consideration of release for people who have transformed their lives and demonstrated their readiness, including the Elder Parole, Fair and Timely Parole, Second Look, Earned Time and Challenging Wrongful Convictions Acts.
At the same time, the governor, DOCCS and the Legislature must take concrete steps to transform the environment inside the prisons, starting with new leadership. Gov. Hochul should remove DOCCS Commissioner Daniel Martuscello III and bring in new officials committed to rooting out racism and brutality.
Those officials must, in turn, fully implement the HALT Solitary Law. Program based alternatives to solitary confinement have been proven to reduce violence and improve health and safety. Although the HALT Solitary Confinement Law legally requires real alternatives to solitary confinement, DOCCS has refused to even attempt to implement such programs.
New DOCCS leadership must also take steps to end officer brutality and restore and expand family visits, rehabilitative programs, out-of-cell time and basic services.
In addition, in the Legislature’s next session, lawmakers should back legislation such as Rights Behind Bars, the CARE Act and the Visiting Rights Bill to ensure people’s basic human rights are protected in law.
The reality is that as long as prisons exist, they will inflict harm. However, significantly reducing the number of people incarcerated and using proven interventions will improve safety inside and outside the prisons, reunite families and save lives. The only question is whether the governor and Legislature have the political will to carry out these common-sense solutions.
