Intermediate
Sanctions in New York States Correctional System
Leslie
K. Penny
Module
3.1 Research Assignment 2
Chancellor
University
Abstract
Intermediate sanctions,
also known as alternative sanctions, are a very useful and appealing concept in
that they provide an alternative to probation or incarceration, a meeting in
the middle, so to speak (Clear, 2011). . Intermediate
sanctions differ from state to state, therefore this essay will concentrate on
New York states laws and procedures regarding intermediate sanctions in its
correctional system.
Intermediate
Sanctions in New York States Correctional System
Intermediate sanctions, also known as alternative
sanctions, are a very useful and appealing concept in that they provide an
alternative to probation or incarceration, a meeting in the middle, so to speak
(Clear, 2011). In no way are intermediate sanctions a lack
of punishment, as a matter of fact, they are used all over the globe, and can
help to improve probation by intensifying supervision and provide programs that
cater to offender's needs (Clear, 2011). Intermediate sanctions differ from state to
state, therefore this essay will concentrate on New York states laws and
procedures regarding intermediate sanctions in its correctional system.
According to a report conducted in 1996 by the Unified
Court System's Committee on Alternative Criminal Sanctions, it became apparent
to the panel of 16, seven judges and former judges as well as others from
legal, legislative, and criminal justice areas, how much intermediate sanctions
were needed in the state of New York when they made the following statements:
· "It
is apparent that each year thousands of persons who present no, or a minimal,
threat to public safety are being committed to State Prison. And this is being done despite the exorbitant
costs involved and despite the fact that community-based programs may well be
as effective, or appreciably more effective, in rehabilitating these
offenders" (Alternative Sanctions).
· "Obviously,
alternative programs, particularly those that offer long-term residential drug
treatment, are not only a cheaper form of supervision but also may do a better
job than incarceration in rehabilitating certain offenders" (Alternative
Sanctions).
· The
overwhelming percentage of trial judges consider limited program availability
to be an obstacle in sentencing offenders.
Because alternative programs are less costly than incarceration, and
because research strongly suggests that certain programs can be as effective, or
even more effective, than incarceration in reducing recidivism, an intelligent
and cost-effective criminal justice policy in New York requires that the state
(as well as local governments) adequately fund alternative programs that have
demonstrated their success in supervising and treating offenders" (Alternative
Sanctions).
With that being said, the New York Drug Sentencing Law
and Rockefeller Drug Laws have undergone several reviews and revisions. The most relevant change was in 2009 where
"Legislature further modified the drug laws, authorizing community
supervision and substance abuse treatment for many nonviolent offenders who
previously would have served mandatory prison terms" (Lyons, 2011). Another intermediate sanction that New York
State uses is Pretrial Diversion "that is designed to preserve
prosecutorial and judicial resources for serious criminal matters and to
provide alternative treatment and intervention to those individuals for whom
traditional prosecution may be less effective" (Pretrial
Diversion, 2013). If the individual meets the criteria and
abides by the conditions then they may qualify for the program and if they are
successful then the initial charges brought against the offender are dismissed (Pretrial
Diversion, 2013).
New York State also has a Shock Incarceration program
that was introduced in 1987 and, as of now, has "a total capacity of
1,570, including 180 beds for women offenders and 225 beds for orientation and
screening" (Cherie L. Clark). These boot camp programs subject offenders
with a complete learning environment that encourages involvement, self
direction, and individual responsibility (Cherie L. Clark). Surprisingly, judges do not have the
authority to sentences offenders immediately to Shock Incarceration, it is
decided by the Department of Correctional Services staff if that candidate is
suitable (i.e. legally eligible, under 35 years old with parole eligibility
within three years of admission to DOCS and no violent or sexual offenses or
been sentenced previously to an intermediate prison term) (Cherie L.
Clark).
This particular program has had some great results such
as: "substantial savings in operational and capitol costs; improvements in
educational achievement; and when the return-to-prison rates of graduates are
compared to those of other inmates, the graduates did as well as (or in some
situations better than) parolees who did not participate or complete the
program" (Cherie L. Clark). The article goes on to say that evaluation
conducted by the DOCS points out that the program is taking action to the call
from legislatures to lessen prison bed space without increasing risk to the
public (Cherie L. Clark).
Other alternatives to incarceration programs in New York
include: Community Service, Defender Based Advocacy, Other Specialized Services
and Substance Abuse Programs (Analysis of Alternative to
Incarceration Program Participants, 2012). New York has several Treatment Alternatives
for Safer Communities (TASC) Program, "an alternative to incarceration for
non-violent substance abusing misdemeanants, and predicate and non-predicate
felony offenders who are eligible for release to drug treatment" (NYS DCJS).
To conclude, New York's laws and procedures regarding
intermediate sanctions were difficult to track down online but I believe I have
provided the majority of the alternative sanctions in my state. New York has given a lot of thought about the
problems of overcrowded jails and prisons as well as overwhelmed probation
officers by implementing community service, employment for persons under
supervision, home confinement, all of which are all conditions set by the court
along with supervision programs and boot camp style shock incarceration
programs. Surprisingly, there were was
not a lot of information on the New York office of probation and correctional
alternatives website.
Works Cited
Alternative Sanctions. (n.d.). Retrieved 07 21, 2013, from http://users.bestweb.net/~cureny/alternat.htm
Analysis of
Alternative to Incarceration Program Participants. (2012, 02). Retrieved 07 21, 2013, from Division of
Criminal Justice Services Criminal Justice Research Update:
http://www.criminaljustice.ny.gov/opca/pdfs/ati2008-2010final.pdf
Cherie L. Clark, D. W.
(n.d.). Shock Incarceration in New York: Focus on Treatment. Retrieved
07 21, 2013, from National Institute of Justice:
https://www.ncjrs.gov/pdffiles/shockny.pdf
Clear, T. C. (2011). American
Corrections. Belmont: Thomson Wadsworth.
Lyons, A. L. (2011,
08). Principles of Effective State Sentencing and Corrections Policy.
Retrieved 07 21, 2013, from National Conference of State Legislatures:
http://www.ncsl.org/documents/cj/pew/wgprinciplesreport.pdf
NYS DCJS. (n.d.). Retrieved 07 20, 2013, from Directory of
Alternatives to Incarceration Programs:
http://www.criminaljustice.ny.gov/opca/newyorkcity.htm
Pretrial Diversion. (2013, 07 21). Retrieved 07 21, 2013, from Eastern
District of New York United States Pretrial Services Agency:
http://www.nyept.uscourts.gov/www/pretrial-diversion
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