“Council on Community Justice”
On June 20, 2024, The New York State Council on Community Justice held its quarterly meeting at Sing Sing Correctional Facility with thirteen men from the facility's general population. These men were chosen from a group of participants in the 2024 Hudson Link/Beyond The Block event at Sing Sing and had previously met with DOCCS Commissioner Daniel Martuscello. The men who attended were:
1) Alexander Aguilar
2) Christopher Carpenter
3) Robert Clegg
4) Robert Crawford
5) Paul Davidson
6) Mohammad Monsuri
7) Djavan Perry
8) John Rizzo
9) Christopher Smith
10) Micheal Tineo
11) Tayden Townsley
12) Raymond Wallace
13) William Walsh
The New York State Council on Community Justice is led by the New York State Lt. Governor Antonio Delgado, and Commissioner of the Division of Criminal Justice Services, Rossana Rosado. Also in attendance were DOCCS Commissioner Daniel Martuscello; Daryl Towns, Chair of the State Board of Parole; Elizabeth Gaines, Chair of the state Commission of Correction; Honorable Rowan Wilson, Chief Judge of the state of New York; Honorable Joseph Zayas, Chief Administrative Judge of the State Office of Court Administration; and the event was hosted by Joseph Popcun of the Division of Criminal Justice Services.
DCJS Commissioner Rosado opened up with a history of her work at Sing Sing and the significance of this meeting which is the first of its kind. She credited DOCCS Commissioner Martuscello with the idea of hosting this meeting at Sing Sing and inviting the men from the population in order to get an inside perspective on what could be done to help further the goals and agenda of criminal justice and this task force. Commissioner Rosado went on to discuss her tour with Lt. Gov. Delgado through fifteen cities in New York and stated that the goal of this group is to be "change agents." DCJS Commissioner Rosado then went on to introduce New York State Lt. Governor, Antonio Delgado.
Lt. Governor Delgado made it clear that this table, which was a series of tables set in a large rectangle in Sing Sing's Tappan building event area, was the first of its kind. He spoke of "love and justice" and how each is a requirement of the other. The Lt. Governor's speech was heartfelt as he spoke of creating a justice system that incorporates both love and justice, which reflects how New York treats citizens who encounter this system with humane and equitable treatment. The Lt. Governor introduced Chief Justice Joseph Zayas who spoke of a vision "embedded in humanity" to include people like the men in attendance from Sing Sing. There was also a brief discussion on the Bard Prison Initiative and their graduation ceremonies. The Chief Justice stated that, "Justice is love in action," and said we need justice that is holistic and human justice. Chief Justice Zayas then introduced Chief Judge Rowan Wilson.
Chief Judge Rowan Wilson began by making it clear that although we have a system that incarcerates, no one wants crime or to incarcerate people unnecessarily. With this, he spoke of alternatives to incarceration methods, and mentioned that although there may be different purposes between the organizations and agencies in attendance, they all have the same objective. Chief Judge Wilson went on to introduce DOCCS Commissioner Daniel Martuscello.
DOCCS Commissioner Martuscello opened by speaking about the significance of having representatives from the incarcerated population at the table and included in the meeting. He mentioned his meeting with those in attendance from the Beyond The Block event and the discussions he had with the men in the group. Commissioner Martuscello spoke of the changing direction and face of DOCCS, including the use of technology, among other things as ways to improve the conditions and opportunities to communicate and inform the incarcerated population. He then went on to introduce the new Executive Administrative Commissioner, Jaifa Collado, who came from New York City DOCS (Rikers Island) but had previously been with New York State DOCCS as the Superintendent of Shawangunk and the first female superintendent of a men's maximum correctional facility.
Joseph Popcun, the moderator of the meeting then posed a question to the men from Sing Sing, asking, "How did you find the system and how do we leave it better?" The following are some of the issues the incarcerated men raised and the solutions they proposed:
1. The men discussed the school to prison pipeline and how children in the NYC Public School system become desensitized to violence due to adverse and traumatic experiences. They proposed that the Alternative to Violence (A.V.P.) Program and curriculum should be implemented in all public schools beginning in elementary school and reinforced through high school.
2. They also discussed the flawed grievance system in DOCCS which has created a culture of unaccountability among staff members. A suggestion was made that DOCCS and CANY (Correctional Association of New York) work together to implement solutions which would improve relations among staff and the incarcerated population. We further suggested that staff get advanced training in crisis management, de-escalation techniques, and conflict resolution. We believe this training would cut down on violent incidents and be better for overall rehabilitative goals.
3. Extensive sentences given to juveniles and young adults up to the age of twenty five was brought up as an issue. Discussion was had on laws and policy changes that have allowed for diversionary court programs such as "Raising the Age" and the like. It was suggested further consideration be made to implement the Second Look Act in cases where people who were sentenced as juveniles or young adults are considered for release based upon who they are today and the rehabilitative goals they have met as opposed to the instant offense and criminal history.
4. The men identified a need for improved training in vocational trades. This included the suggestion to make a substantial investment in viable trades for re-entry success and create a New State Funded Grants & Spending Package to hire additional facilitators to reopen the four closed trades at Sing Sing, as well as at other facilities. "Nobody is excited to mop floors as a viable trade."
In order to meet this goal the men suggested that there be a statewide addition to vocational programs that includes a solar installation course with the goal to teach proper wiring & installation processes. In addition, they suggested the creation of an in-house certified team (similar to the asbestos abatement team) to install solar panels at facilities throughout the state. The men pointed to the 1500 sq. ft. of available roof space on the Tappan roof structures in Sing Sing as an ideal place to build solar panels and help New York State Correctional Facilities achieve carbon neutral goals. Such programs will reduce the recidivism rates for incarcerated individuals and build confidence in their re-entry process knowing that they have a trade that can provide a stable income, productive lifestyle, and a sense of responsibility and pride that will assist them in not returning to criminal activity.
5. The issue of a "trial tax" was raised and defined as, when the sentencing court, after a trial, gives the defendant a sentence that grossly outweighs the proffered plea agreement, i.e. the defendant refuses a plea offer of eight years with five years post release as a plea agreement, and is then sentenced to fifty years-to-life after a trial conviction. The idea is that the person is being punished, or "taxed," for asserting their right to a trial and being served an outrageous sentence. It was suggested that, if the defendant denies a plea offer and asserts their right to trial after a conviction, the sentence should not be far off from the actual plea offer.
6. The men also proposed an increase in program pay wages. Program wages have not changed since their implementation over forty years ago. Incarcerated people are paid on average six to fourteen dollars bi-weekly. This wage does not reflect the work incarcerated people do as well as the cost of inflation, financial re-entry plans and obligations (i.e. gate fee), and the burden placed on their families to help incarcerated individuals purchase basic necessities. It was suggested to leave this topic open for future discussions on implementing a viable program pay wage increase.
7. Mental health was one of the main topics discussed by the men while addressing correlating issues such as suicide and substance abuse among the incarcerated. This was one of the utmost concerns to the men. The mental health of staff was also raised in light of continued staff shortages, causing officers to work sixteen-hour shifts most days, resulting in a strain in work productivity and stress. The men were also concerned that the frustration and stress of staff were being passed on to the population, creating a more hostile environment.
Among the suggestions to address these issues was the use of technological advances to increase resources for those under stress who may be having suicidal ideations. This would include making twenty-four hour phone services, as well as mental health apps available on the tablets used by the population. Another suggestion was to allow those who have earned their degree in Behavioral Science or higher, or who have otherwise been trained to conduct counseling groups. This would help to provide a much needed service to the general population while helping the overwhelmed staff. The men believe this would help to immediately bring down the suicide rates as well as violence among the population in DOCCS.
8. Recently proposed legislation, known as the Second Look Act (Senate Bill 321 /Assembly Bill 531), was raised and discussed at length. Emphasis was given to cases of individuals who have served significant amounts of time (30 years on average), who have fulfilled the objectives of the criminal legal system and, due to lengthy sentences, they have no recourse for relief. It was expressed that such circumstances serve to discourage other incarcerated individuals from pursuing rehabilitation as they feel there is no chance at relief. Thus, many of them return to their communities still afflicted by personal risk factors. The men mentioned that the passage of the Second Look Act would relieve some of the stress on DOCCS by allowing those people who have satisfied all rehabilitative goals the chance to be eligible for parole. This would also incentivize others to continue to work toward rehabilitation and make the sincere effort to be released as productive citizens. It was also noted that many people who are serving extremely long sentences were incarcerated as juveniles prior to changes in the law and social standards. By today's standards, certain mitigating factors would be considered that were not considered during their sentencing phase. Many of these individuals have already served over thirty years in prison. Hence, the need for Second Look legislation as a mechanism for assessing the extent that a person has fulfilled DOCCS' rehabilitative goals and the objective of the criminal legal system.
9. It was expressed that pre-sentence investigation reports, and the "case plans," which were conducted by NYS DOCCS "offender rehabilitation counselors" fail to adequately assess the needs and rehabilitative efforts and achievements of the incarcerated. The deficiencies are as follows:
a) At the time of conviction many individuals were dissuaded by their attorney from participating in the presentence investigation. Also, many defendants were emerging adults (age 25 and under) at the time of their sentencing, and due to immaturity and/or cultural influences, were unable and/or unwilling to articulate risk factors and adverse experiences. If these factors were brought to the sentencing court's attention during sentencing proceedings, these factors would have served to mitigate their sentences.
b) People who are incarcerated in New York State are unable to or discouraged from communicating their good behavior and achievements to their assigned ORC's (Offender Rehabilitation Counselor) during quarterly review interviews. This is due in large part to a lack of any existing incentive such as a judicial review mechanism for obtaining a possible reduction in one's sentence. Contrarily, negative files which adversely affect the incarcerated, such as records of disciplinary infractions, are routinely updated and maintained in a computer database system accessible throughout DOCCS.
c) Part of the problem with maintaining a record of the incarcerated individual's positive adjustments is due to ORC's inability to navigate the computer program for entering data for the "case plan." Thus, the incarcerated individual is further discouraged from attempting to document their achieved levels of rehabilitation and goals via "case plans."
10. Another topic raised concerned the execution and viability of state mandated programming. As currently constituted, the incarcerated population must often wait years and decades to participate in programs such as Aggression Replacement Training (A.R.T.) and Alcohol and Substance Abuse Treatment (A.S.A.T.). This is due to the mandate from Albany (Central Office) which was written when the total incarcerated population in New York was over 70,000. It was suggested that since DOCCS' incarcerated population is approximately 35,000, these programs should be taken at the beginning of individuals' incarceration. Allowing the incarcerated person to fester, sometimes for decades, with these anger and substance abuse issues, does the individual, DOCCS, and society a disservice.
11. Additionally, there should be reciprocity between these state mandated programs (A.RT. and A.S.A.T.) and parole. Currently, parole does not recognize A.R.T. and A.S.A.T. and forces returning citizens to participate in another set of anger management and substance abuse programs, many times for up to six months. Incarcerated individuals cannot be released without completing these programs, and face further financial strain due to the obligation to attend these programs again upon release. Since DOCCS and parole are under the same umbrella, the men suggested that for the purposes of comity and redundancy, that completion of these programs while in DOCCS should be recognized and accepted by parole upon release.
Prior to the adjournment of the meeting, the men posed a question to Commissioners Rosado and Martuscello regarding clemency. The men asked the Commissioners what could they do in their capacity with the DCJS and DOCCS to persuade the Governor to make clemency more available to those who have worked hard to merit release? The Commissioners highlighted the Governor's grants of clemency thus far and the benefits of passing laws such as the Second Look Act. The men responded that, while acknowledging that clemency is the exclusive power and right of the Governor, many of the clemency grants were given to individuals who had already been released. It was stated that for many individuals serving extensively long sentences, many who have already served over thirty years, clemency is the only viable option they have to expect to ever be released, especially considering their extensive sentences.
The men thanked the Council for allowing them to be a part of the meeting, but urged a continuing discussion. During lunch the group continued to discuss a range of topics with the Council, some of which were:
1. Work release being reinstated for violent felony offenders
2. A more holistic approach to the presentence investigation report
3. Clemency for those sentenced as juveniles to life or effective life sentences
Overall, the group believed the meeting was groundbreaking and a success. They hoped that the Council would continue to have future discussions with the incarcerated population so that they can have a role in creating viable solutions to issues that affect their future and the future of their communities.
This is the conclusion of the Report on New York State Council on Community Justice - June 20th Meeting at Sing Sing.
Some of those in attendance were:
Antonio Delgado, Lt. Governor
Rossanna Rosado, Commissioner of the Division of Criminal Justice Services
Daniel J. Martuscello, Commissioner of the Department of Corrections and Community Supervision Jaifa Collado, Executive Commissioner of DOCCS
Rowan Wilson, Chief Judge of the State of New York
Joseph Zayas, state Office of Court Administrative Chief Administrative Judge
Elizabeth Gaines, Chair of the state Commission of Correction
Daryl Towns, Chair of the State Board of Parole
Sean Pica, Executive Director of Hudson Link for Higher Education in Prison
Charlene Cordero, Assistant Secretary for Public Safety
Cody Bright, REFORM ALLIANCE
Max Kenner, Sebastian Solomon, Jaeok Kim, Vera Institute for Justice
Stanley Richards, CEO of The Fortune Society
Rob DeLeon, Deputy Director of The Fortune Society
Paul Samuels, Legal Action Center
Megan French-Marcelyn, Karol Mason, John Jay College
Felipe Vargas, Doe Fund
Ricardo Cosme-Ruiz, Division of Criminal Justice Services
Amanda Jack, Director of Policy Legal Aid Society
Written by 2024 Hudson Link Beyond The Block Participants
