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Crime Committee Report E.Indd

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Crime Committee Report E.Indd NEW YORK STATE SENATE STANDING COMMITTEE ON CRIME VICTIMS, CRIME AND CORRECTION 2009 - 2010 REPORT Senator Ruth Hassell-Thompson, Chairwoman 36th senatorial district Jerry W. Williams Julia Long Chief of Staff Policy Analyst, ‘10 Gerard C. Savage Jacqueline Jenkins-Cox Committee Counsel & Fiscal Analyst Deputy Chief of Staff Marianne Reilly Alison E. Greene Press Secretary General Counsel & Counsel to Shirley Stingley the NYS Senate Task Force on Executive Assistant to the Senator Domestic Violence Catherine Price, MSW Jamar S. Hooks Columbia University, Fellow ’09 Exec. Dir. Black, Puerto Rican, Hispanic & Asian Legislative Caucus Tanyetta Jackson, Esq. Albany Law School, Fellow ‘10 Michael Broderick Policy Analyst ‘09 With invaluable assistance from: Donna K. Drayton Ann R. Larrier Senior Executive Assistant to the Senator Community Representative Anthony C. Mitchell Carolyn D. Jones Director of District Office Operations Director of Community Affairs/ District Office Manager Kenny Agosto Special Assistant to the Senator Shelley Mayer, Chief Counsel to the Majority Conference; Maria LoGiudice, Senate Finance; Carrie Schneider, Senate Finance; Alejandra N. Paulino, Majority Counsel; Joseph Wierschem, Majority Counsel; David Evan Markus, Counsel to Conference Leader; David Neal Sellers, Counsel to Conference Leader; Katherine Grainger, Majority Counsel; Simone Levine, Majority Counsel; Maggie Williams, Majority Counsel; Indira F. Noel, Intergovernmental Affairs; Nora Niedzielski-Eichner, Majority Counsel; Katherine Mosquera, Majority Counsel; Justin Smith, Majority Counsel; Allison Kelrick, Majority Counsel; Susan Loeb, Majority Counsel; Erin Den- nin, Majority Communications; Curtis Ellis, Majority Communications; Cecilia Tkaczyk, Major- ity Counsel; Amanda Kenellis, Secretary of Senate Office; Cynthia Thomas, Majority Confer- ence Services; Tunisha Walker, Executive Director, Conference of Black Senators; Dan Salvin, Program Counsel, NYS Assembly; Tana Agostini, Policy Analyst, NYS Assembly; Samuel Morales and Conference/Majority Services. New York State Senate Standing Committee on Crime Victims, Crime and Correction Members Senator Martin Golden Senator Ruth Hassell-Thompson Ranking Member Chairwoman 22nd Senatorial District 36th Senatorial District Senator Betty Little Senator Darrel Aubertine 45th Senatorial District 48th Senatorial District Senator George Maziarz Senator Neil Breslin 62nd Senatorial District 46th Senatorial District Senator Michael Nozzolio Senator Thomas Duane 54th Senatorial District 29th Senatorial District Senator Dale Volker Senator Carl Kruger 59th Senatorial District 27th Senatorial District Senator George Winner Senator Velmanette Montgomery 53rd Senatorial District 18th Senatorial District Senator José Peralta 13th Senatorial District Senator John Sampson 19th Senatorial District Message From The Chairwoman The Will To Believe Senator Ruth Hassell-Thompson In recent time, there are some in our State who have been harmed by special interest groups, media outlets and even government representatives. These New Yorkers no longer believe that justice and equality are attainable, or that representative government can even work. In essence, the most irreparable harm has been laid upon our collective will to believe. Frequent scandals, depressing news reports and constant partisan debates all serve to numb our senses, leaving far too many citizens with a deep and abiding sense of cynicism and despair. As Chairwoman of the Senate Standing Committee on Crime Victims, Crime and Correction, it is my responsibility to provide leadership, design public policy, and take lasting steps to spend your tax dollars in a smarter, more cost efficient manner. The Senate Majority Conference has taken decisive steps to change things for the better, though many of our notable accomplish- ments have been obscured by distractions. Still, our work has been revolutionary. By turning away from decades of overspending and revolving door injustice, my colleagues and I have forged ahead with a meaningful analysis of the causes of crime and the most effective punish- ment that should be imposed. Furthermore, I believe: z By addressing the root cause of crime and by constructing a humanitarian infrastructure to assist formerly incarcerated persons re-entering the community, crime will continue to decrease and public safety will be enhanced; z The Constitution of the United States requires that the criminally accused be afforded effective counsel, whether for a first arrest for petty larceny or a high profile homicide; a fair criminal and civil justice system is healthy for New York and healthy for America; z Money should be appropriated to provide legal assistance for indigent New Yorkers facing foreclosure proceedings, denial of unemployment benefits, denial of disability benefits, domestic violence litigation, landlord tenant eviction proceedings and similar situations; z Crimes against children, sexual assaults, domestic violence and illegal possession of fire- arms should be prosecuted aggressively and consistently; z Addiction is a health problem, the consequences of which are linked to the criminal justice systems. Our policies will ensure that public safety is maintained by institutional- izing a comprehensive clinical approach rooted in best-practices and proven to be more effective than the “lock them up and throw away the key” policies of the past; z New Yorkers will approve of our success as evidenced by decrease in our state prison population our work to prevent recidivism by investing in drug diversion and post-re- lease re-entry programs. What is all too often missing in news reporting is a failure to reflect upon what is working here in New York State, and while justice should be dispatched dispassionately, it should be fair and equal. Since attaining majority status in the State Senate, our Conference has created a new discourse as it relates to chemical dependency and treatment, begun to reform the parole and probation systems, decreased the prison population and right-sized our correctional facili- ties, ended the cynical practice of prison gerrymandering, ensured access to justice by creating the Office for Indigent Legal Services (OILS), and a nine-member Indigent Legal Services (ILS) Board, stabilized and restructured the funding stream for the Interest on Lawyer Ac- count Fund (IOLA) , and made major strides in the reform of the domestic violence laws. This document identifies legislation – proposed, pending and passed – that will, if enacted in law, significantly enhance protections of individual freedom, fairness, and, when necessary, in- crease the penalties for certain criminal offenses that compromise the health and safety of the community at large. There has not been a lack of popular support for this agenda. To the con- trary, the proposals we recommend have broad public support in communities from the Bronx to Buffalo, as evidenced by public hearings held throughout New York State in the 2009-2010 Legislative Session. The Senate Majority will continue to advocate for a civil liberties agenda, while maintaining that the overall public safety of the community remains paramount. Table of Contents I. 2009 Protecting The Right To Counsel - Case Caps New York Legislature Acts Swiftly 1 II. The Historic Creation of the Office for Indigent Legal Services and Indigent Legal Services Board 2 III. 2009-2010 Civil Legal Services Finds A Home in the Judiciary Public Protection Committees Chairs Lead the Way 3 The Judiciary and Governor Weigh In on Civil Legal Services 4 IV. Stabilizing IOLA and Giving Structure to Civil Legal Service Funding 5 V. 2009 Rockefeller Reform: Treating Drug Addiction as a Disease 6 The Basics of Rockefeller Reform 7 Saving the Taxpayers Money 7 Committed to Stay the Course 8 More Work Ahead: Protecting the Safety Net 8 OASAS 9 Division of Criminal Justice Services & Rockefeller Reform 9 Conclusion 11 VI. 2009 No Delay of Implementation of the SHU Exclusion Law 12 VII. 2009-10 Inspection of State Prisons 13 VIII. Continuing Education Lecture Series 15 IX. Division of Parole - Budget Legislation - 2010-2011 A Quick Profile of Parolees 17 Ensuring Public Protection 17 Public Hearing to Investigate Parole Policy 18 Parole Commissioners Visit Albany 18 X. Prisoner Concerns 19 XI. Re-entry Grants: 2009-2010 Center for Employment Opportunities (CEO) 21 The Doe Fund 21 The Fortune Society 22 Osborne Association 22 Department of Correctional Services 22 XII. Troubling Concerns With NYC Marijuana Arrests 23 Recommendations 25 XIII. Stop, Question and Frisk 26 Recommendations 27 S.65 Outlaw Racial Profiling 27 S.7945-A Stop, Question & Frisk 27 XIV. Effective Sex Offender Management in New York State 28 XV. Getting Guns Off the Streets 30 XVI. 2009-2010 New York State Senate Majority Task Force on Domestic Violence 31 Matrimonial Law Reform 33 S.3890-A Judgement of Divorce in a Timely Fashion 34 S.8390 Temporary Maintenance in Matrimonial Actions 34 2009-2010 Domestic Violence Legislative Agenda 35 S.5031-A Attorney Education in Domestic Violence 35 S.5036 Prohibits Compelling Domestic Violence Survivors to Contact their Abusers 35 S.5043 Residential Program for Survivors of of Domestic Violence 36 S.5258-A Training for Reporting & Identifying Child Abuse 36 S.5999 Prevention of Housing Discrimination 36 S.6000 Family Violence Option in the Social Security Act 37 S.6650 Family Violence Option 37 S.8058 Orders of Protection 37 S.8013 Referees in Family Court 37 S.842-4 Hassell-Thompson/A11612,
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