Brian Benjamin on fairness in public safety – New York Daily News

On Tuesday, Gov. Hochul will deliver her first State of the State address as the first woman to be elected governor. Among other things, she plans to lay out her vision for how to make New York safer.

As someone who has been raised in communities where I had to worry about the cops and the robbers, a former lieutenant governor and state senator focused on criminal justice reform and public safety, and most recently, as someone charged with crimes that were rightfully dismissed, I believe I have a unique perspective to offer as the governor prepares her public safety agenda.

There have been several transformative policies passed recently including bail reform, Raise the Age, discovery and parole reform. Though there are various perspectives on the success and/or failures of these reforms, evidence and facts — not perception — should decide policy.

Look at the major parole reform bill named “Less is More,” which I championed as a senator and lieutenant governor, and which Hochul signed into law on Sept. 17, 2021. The bill sought to address the fact that the fastest growing population at Rikers Island was due to technical parole violations — in other words missing a curfew or failing to notify your parole officer of an employment change.

“Less is More” looked to address this issue by eliminating reincarceration for most technical parole violations, and it reduced parole supervision by 30 days for every 30 days that someone did not have a new parole violation as an incentive for good behavior.

Since “Less is More” was not going into effect until the following March, the Department of Corrections and Community Supervision (DOCCS) released 8,000 parolees over the following two weeks as a good faith measure. According to a recent update by the Katal Center, nearly 13,000 people have been discharged early from parole. The total parole population in New York has been cut nearly 40%, and approximately 2,000 people have been released from jails and prisons.

For those of us like myself who believe that we incarcerate way beyond the need for public safety this sounds good, but does this represent the complete picture of what is happening? These statistics beg some obvious questions like, what is the status of the 13,000 parolees? Have any of them committed new crimes? If so, which crimes? The broader question being how new crime among parolees has tracked under “Less is More” versus before “Less is More.”

“Less is More” is certainly a success given the immense costs of incarceration and the devastating impact on families and communities, but upon further reflection, we should have added a provision that required an annual report by DOCCS to assess the legislation’s impacts and possible deficiencies. Unfortunately, in lieu of meaningful analysis, conversation and debate, anecdotal comments fueled by sensationalized media stories are driving the narrative.

The Manhattan Institute has written a detailed report that lays out a few concerns with “Less Is More.” Upon first glance, an issue like allowing victims’ sworn written statements to be used as witness testimony in revocation hearings sounds reasonable and should be explored further. Listening to different opinions and amending legislation where necessary is called good public policy. The first step is to pass good legislation based on thorough analysis and relevant data. The next step is to evaluate and tweak where necessary to make sure that we are accomplishing the original goal of the bill.

There must be a higher bar for legislation involving the criminal justice system, because the stakes and consequences are extremely serious. We must be vigilant in evaluating data to ensure that we are balancing fairness with public safety.

That is how we make a better system for all. I can tell you from personal experience that innocent people can become entangled in the criminal justice system, and we must ensure that there is a fair and just process for the wrongfully accused. There are previous and potential victims of criminal activity who must be considered and protected to the best of our ability as well. Individuals who have done their time and are out on parole need support whether it is with mental health, job training or other services as they read just back into society. How do we decide what requires further incarceration? That is a very serious question that cannot and should not be taken lightly and demands exemplary public policy.

None of this is easy but it is what great leaders are required to figure out. If we want to reverse the trend of people leaving the state, then we must get public safety right, and I for one look forward to the 57th governor leading us towards a safer and fairer New York.

Benjamin served as a New York state senator and lieutenant governor.