More new laws in New York: Governor signs bills affecting prisons, youthful offender designation after sentencing

Governor Kathy Hochul has signed bills into law related to criminal justice:

• L 2021, ch 570: Amends the Correction Law to prohibit “double-bunked housing,” “the practice of inmate housing where bunk beds are used in a dormitory setting, with inmates residing in an open space and sleeping on bunk beds.” (Effective Feb. 1, 2022).
• L 2021, ch 557: Establishes a nine-member Commission on Prison Education “to study and develop a plan for improving education in state prisons.” (Effective Nov. 3, 2021).
• L 2021, ch 552: Provides eligible youth with an added opportunity to be designated youthful offenders, by allowing a defendant to seek review five years after sentence was imposed or the individual’s release from incarceration, whichever is later. (Effective Nov. 2, 2021).

The intent of L 2021, ch 570, seems somewhat undercut by the Governor's recent decision to close six prisons.

For more on these new laws, click the links above.

New York expands Shock incarceration eligibility, effective May 12.

New York State lawmakers have expanded eligibility for the Shock incarceration program to include persons convicted of certain forms of second-degree burglary and second-degree robbery.

The Shock program provides selected inmates a special six-month program of shock incarceration, that stresses a highly structured routine of discipline, intensive regimentation, exercise and work therapy, combined with substance abuse treatment, education, pre-release counseling and life skills counseling.

A person becomes eligible for Shock when he or she is within 3 years of parole or conditional release, and eligibility is determined on a rolling basis (i.e., the initial sentence can be longer than 3 years).

The changes apply to judicial Shock orders (where the sentencing judge expressly directs that the defendant be enrolled in Shock) and discretionary Shock placement (where the Department of Corrections selects for participation). Judicial Shock orders are otherwise available only for drug and marijuana offenses.

These changes go into effect on May 12, 2019 and do not depend on the date of the offense.

For more information on New York State's shock incarceration program, click here.