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When Kathy Hochul signed her first marquee piece of criminal justice legislation in September, it was hailed by prisoners\u2019 rights groups and advocates as the most transformative overhaul to a state parole system in the nation.<\/p>\n
The law was designed to prevent people from being jailed for certain minor or technical parole violations. But lawyers for dozens of people detained in New York City say that state corrections officials have been sluggish in planning for and implementing the far-reaching changes, which went into effect this week.<\/p>\n
On Wednesday, in a filing in state Supreme Court in the Bronx, lawyers asked the state\u2019s courts to release more than 90 <\/strong>detainees, arguing that the corrections department had not followed the requirements of the new law and was now illegally detaining people.<\/p>\n The law requires that a prompt hearing be held after someone is detained on a parole violation to determine whether they should be released. But the department does not plan to offer those hearings to currently incarcerated people, as the filing argues is required.<\/p>\n<\/div>\n<\/div>\n Lorraine McEvilley, the director of the Parole Revocation Defense Unit at the Legal Aid Society, said in a statement that the department \u201cis simply violating the spirit and explicit intention of this transformative law by refusing to hold these release hearings for everyone in its custody.\u201d<\/p>\n Rachel Connors, a spokeswoman for the department, said in a statement that corrections officials did not believe state law required the hearings to be held for people detained before the parole changes went into effect.<\/p>\n Before the law\u2019s passage, Ms. Connors said, the department \u201cbegan high-level internal meetings to begin planning for the implementation of this major overhaul.\u201d She added: \u201cWe have been proactive in applying the spirit of the law.\u201d<\/p>\n The filing comes after the governor signed the new law in September, as disorder and brutal conditions at Rikers Island<\/a> gained heightened attention. At the time, Ms. Hochul <\/a>ordered the release of 191 detainees, most of whom were held for parole violations<\/a>, and in the months since, hundreds of others have been released <\/span>statewide.<\/p>\n At least four people who died in custody<\/a> in New York City since the beginning of the pandemic were detained for minor, or \u201ctechnical,\u201d parole violations<\/a>. Sixteen people died in custody in New York City in 2021<\/a>, the deadliest year since 2013.<\/p>\n<\/div>\n<\/div>\n The new law, known as the Less is More Act<\/a>, ended the practice of automatic jailing for some minor violations, like breaking curfew or missing an appointment with a parole officer. In many of those cases, a ticket will now be issued to require a court appearance.<\/p>\n<\/div>\n<\/div>\n Previously, detainees accused of violating parole could spend up to 15 weeks in jail as hearings proceeded; the changes significantly speed up the process, while reducing parole terms for those who routinely follow rules.<\/p>\n But lawyers said that by late last month, corrections officials had not shared details of how they planned to usher in many of the new rules, schedule required hearings on the new timetable or comply with newly expanded discovery requirements under the law. <\/p>\n One man being held at Rikers Island, who asked to be identified only by his first name, Jorge because he feared retribution from law enforcement officials, said he was frustrated by the process.<\/p>\n He was detained on Feb. 17 for missing reports with his parole officer, and under the new law, he would be entitled to a separate hearing to consider possible release from jail. But his lawyer said the state corrections department would not offer one.<\/p>\n The reported issues come after the measure received broad support in the fall, including from some sheriffs and police officials<\/a> across the state. The former New York City corrections commissioner, Vincent Schiraldi, who was replaced on Dec. 31, also backed the law, and said this week that it represented \u201ca really amazing step forward.\u201d<\/p>\n<\/div>\n<\/div>\nUnderstand the Crisis at Rikers Island<\/h2>\n
Amid the pandemic and a staffing emergency, New York City\u2019s main jail complex\u00a0has been embroiled in a continuing crisis.<\/h3>\n<\/section>\n<\/div>\n