Second-Look Law in New York

Second-Look Law in New York: Reducing Incarceration and Promoting Justice

The Problem: Over-Incarceration and Punitive Sentences

• Incarceration is not an effective means of ensuring community safety.
• New York has made progress in reducing its incarcerated population through bail, discovery, and speedy trial reforms, leading to a nearly 40% reduction in jail population.
• However, to truly end mass incarceration, New York needs to address:
  • The number of people entering jails and prisons.
  • The length of time people spend incarcerated, particularly addressing lengthy, punitive sentences.
• Overly punitive sentencing does not effectively promote public safety.
• New York's overreliance on punishment has resulted in one of the largest prison systems in the country.
• Twenty-two percent of the over 30,000 people incarcerated in New York prisons are sentenced to 10 years or more.

The Impact of Lengthy Sentences

• Social scientists agree that lengthy prison sentences do little to keep communities safe.
• Incarcerating large numbers of people for extended periods creates more harm than good by destabilizing communities.
• This destabilization can increase crime rates due to the social, familial, and economic effects of incarceration.
• Research shows that individuals age out of crime starting in their mid-twenties, with crime reduction continuing with age.
  • Approximately 48% of those who have served at least seven years in New York prisons are at least 30 years old.
• Lengthy prison sentences have little to no deterrent effect on future conduct compared to noncustodial sentences like probation.

The Solution: Second-Look Laws

• Second-look laws are crucial for reassessing lengthy, punitive sentences.
• These laws allow courts to reexamine a person's sentence after a period of incarceration to determine if continued incarceration serves the interest of justice.
• During this process, judges consider:
  • A person's history
  • Character
  • Participation in programs
  • Demonstrated rehabilitation
  • Fitness to reenter society.
• If the judge determines that the person is not a danger to the community, they can reduce the sentence.

Potential Benefits of Second-Look Laws

• Second-look laws would:
  • Reduce New York's prison population.
  • Allow for reinvestment in communities.
• Second-look laws can be:
  • Petitioner-initiated: Incarcerated individuals have the right to petition for resentencing after a required incarceration period.
  • Prosecutor-initiated: The court or district attorney has the power to petition for resentencing.
• A petitioner-initiated second-look law allowing resentencing after 10 or 15 years of incarceration would make over 4,000 of the 30,803 people currently incarcerated in New York prisons eligible to petition.
  • If just 25% of this group were granted release, New York's prison population would decline by about 1,000 people.

Cost Savings

• Reduced prison population leads to significant cost savings.
• In 2015, New York spent an average of 69,355 per incarcerated person.
• A reduction of 1,000 people could potentially save 69.3 million.
• To fully realize cost savings, the prison population must decrease enough to allow the state to close entire facilities and reduce the number of employees.
  • From 2010 to 2015, New York's prison population decreased by 10%, and spending decreased by 8%.

Addressing Root Issues

• New York has historically relied on incarceration to address mental health, substance use, poverty, and other social challenges.
• This approach has not addressed the underlying issues or increased public safety.
• Community-based programs focusing on:
  • Violence interruption
  • Alternatives to incarceration
  • Restorative justice
    are more effective in preventing harm and holding people accountable in the community without incarceration.

Racial Disparities

• Black and Latinx New Yorkers are disproportionately affected by punitive, lengthy prison sentences.
• Black men are almost three times more likely to be sentenced to 15 years or more than white men, while Latinx men are about one-and-a-half times as likely.
• If New York passed a second-look bill, over 75% of those eligible for sentence reconsideration would be Black or Latinx.

Recommendations

1. Decarcerate New York State prisons by passing a petitioner-initiated second-look law.
2. Shift money from prison budgets and invest in community-based public safety solutions.
3. Mandate racial impact statements.
   • Racial impact statements evaluate the effect legislation will have on racial disparities.
     • Acknowledges that most legislation creating new crimes or making sentences harsher will likely exacerbate racial disparities.
     • Forces legislatures to consider this data and determine whether to change course.