POLICY + ADVOCACY PRIORITIES FOR 2012:

1.  Right-size the New York State Corrections System:  Sentencing Reform, Prison Right-sizing, Systemic
     Utilization of Alternatives to Incarceration (ATI) and Decreasing Technical Violations

The United States incarcerates its citizens — and in particular its minority citizens — at a rate that far outpaces most nations.  Over-incarceration began in the early 1970s, and New York State (NYS), with its notorious Rockefeller Drug Laws, led the way with tough penalties for drug-related charges.  NYS went from a prison population in 1973 of 13,400 to 71,538 in December 1999.  Despite this grim news, there has been, of late, a thin silver lining. In the last 11 years, NYS has reduced its prison population by 22% to 55,599 in October 2011.

It is not a coincidence that New York State also has the largest network of ATI programs in the country, and—unlike other large states such as California and Texas—has seen crime and incarceration rates plummet simultaneously, improving public safety and saving much-needed revenue.  New York’s promising results should not come as a surprise; decades worth of research documents the fact that people in low-income, minority communities are at greater risk of entering the criminal justice system as a result of the scarcity of prevention programs, early intervention programs, and alternatives to incarceration.[1]  New York’s outcome challenges the notion that our society can incarcerate its way to public safety.

Despite this research, the successes of ATI programs and the 2009 reforms of some of the harsh sentencing policies[2] that led to the explosion of New York’s prison network, the state persists in maintaining a swollen corrections system.  In part, this is because the Rockefeller Drug Law reforms have yet to be properly implemented.  Another part of the story is that this sentencing reform did not cure the state’s sentencing laws from all of its ills; penalties remain confusing, arbitrary and harsh.

And, as recent news has demonstrated, prison population reduction must be accompanied by prison closures if we are to resist pressure to re-fill prisons for economic development.  There has been progress recently to “right-size” New York’s prison system:  Governor Cuomo announced in June a plan to close seven minimum or medium security facilities.[3]  However, there are still surplus facilities in the system, all exorbitantly expensive to maintain and virtually empty, depleting much-needed resources from the state budget at a time of severe economic crisis.  Further, the state lacks a comprehensive plan to systematically right-size the corrections system over time, including closing maximum security facilities and facilities that are economic linchpins.

Despite these problems, New York State has demonstrated that it is possible to reduce a prison population without sacrificing gains in public safety.  Further, this time represents a “crisis of opportunity” for reform in New York.  These statistics, the leadership of Governor Andrew M. Cuomo, the “opportunity” created by budget shortfalls, the momentum of Rockefeller Drug Law reform and the work of the Sentencing Commission mean that a real and unparalleled opportunity exists in NYS.  Advocates must act now to push the state to continue along the downsizing trajectory, thereby becoming a model for how to undo the injustices incarceration has inflicted upon minority communities over the last 40 years.

To right-size the criminal justice in New York, DRCPP will:

• Advocate for the creation of new ATI programs and the expansion of existing ones.
• Advocate for the closure of New York State correctional facilities that deplete our limited state resources.  An important aspect of this work includes partnering with advocates who have a vision for addressing the void in labor market opportunities created by the elimination of prisons in rural upstate communities, similar to the model used to assist communities facing military base closures.  As Governor Cuomo recently said, “an incarceration program is not an employment program. … If people need jobs, let’s give people jobs. Don’t put some people in prison to give other people jobs.”[4]
• Continue to advocate for the elimination of the notorious Rockefeller Era Drug laws (RDL), which create crack cocaine sentencing disparity; and advocate for the meaningful implementation of the 2009 RDL reforms.   RDL have not served their intended purpose and have wreaked havoc on low income communities of color.
• Serve as the voice of formerly incarcerated individuals to the New York State Permanent Sentencing Commission, a body created in October 2010 and “charged with conducting a comprehensive and ongoing evaluation of sentencing laws and practices and recommending reforms to improve the quality and effectiveness of statewide sentencing policy.”[5]  The decisions of this commission will impact the lives of Fortune’s clients for years to come; they must have a seat at the decision-making table.
• Promote New York as a model for how incarceration can be reduced without sacrificing public safety.
• Work with state officials to reduce reincarceration on technical violations, particularly in areas of the state where this practice is on the rise.

2.  Increase Access to Affordable Housing for People with Criminal Records

With the number of people being released from US jails and prisons rising each year, individuals returning to the community increasingly face insurmountable needs and challenges.  Often, their most immediate need will be securing safe and affordable housing, which for many people is the key to successful integration.  While the lack of affordable housing is frequently a problem for people who lack financial resources, this problem is compounded for people with conviction records.  They often find that a record is the main stumbling block in obtaining housing, whether in the private sector or in public and Section 8 supported housing.

DRCPP seeks to eradicate counterproductive, misguided and unfair statutory and practical barriers to housing placed in front of people with criminal records who are working to regain their lives and dignity.

To help expand opportunities for people with criminal records to access affordable housing nationwide and in New York City, DRCPP will:

• Follow up on a recent HUD letter to PHAs outlining the limited per se restrictions to public housing and the discretion given to PHAs,[6] by working with Federal policymakers to continue to reform federal HUD rules and regulations.  Reform will include giving local housing authorities more evidence based guidance on how to fairly consider applicants with criminal records; limiting the local authorities’ ability to impose overly stringent and insurmountable barriers; and achieving the removal of all absolute restrictions that currently exist under the federal guidelines.
• Work with policymakers and advocates to reform local PHA regulations and target de facto discriminatory practices to eliminate counterproductive barriers to affordable housing options for previously incarcerated individuals re-entering the community, including those that unfairly single out sex offenders.
• Advocate at the local level for more standardized, transparent methods to determine what qualifies as evidence of rehabilitation to lift bars on housing eligibility for people with criminal records, and disseminate model policies.
• Create a broad coalition of formerly incarcerated individuals, advocates, community groups, community service providers and other key stakeholders to advocate for more effective, better-informed public housing policies to facilitate successful reintegration of people with criminal records, reunify families and promote public safety.
• Conduct outreach, trainings and other educational events using DRCPP’s toolkit, “Not in My Back Yard” (NIMBY) about opposition to reentry housing projects.

3.  Promote Economic Independence and Stability for Individuals with Criminal Justice Involvement

Higher education achievement for incarcerated and formerly incarcerated people is a well-documented tool for reducing recidivism, strengthening people’s conscience as they confront moral dilemmas and shaping productive and law-abiding citizens. In this tough economy, a college degree is necessary to get in the door to decent-paying employment.  Despite the unquestionable success of the few remaining prison-based college and post-incarceration programs, public funding for these programs has mostly been unavailable nationally since 1994. This is largely due to Federal and state policymakers’ misguided spending cuts and counterproductive “tough on crime” policies.

Released to their communities without this leg up, individuals are expected to find and maintain steady employment.  As critical as employment is to successful reintegration, curbing of recidivism and the overall promotion of public safety, many counterproductive barriers (in addition to lack of access to education) exist that undermine the best efforts of individuals to participate in the labor market and get back on their feet financially.  Individuals face discrimination.  Even when formerly incarcerated individuals are able to find employment, they are often unable to make ends meet because of insurmountable child support debt that accumulated as they make $1/day in prison; or other fees and fines tagged on to their bill for their involvement in the system.  Their wages can be garnished up to 60%, a discouraging fact, to say the least.  These policies hamper employment and family reunification, thereby hurting families and communities that are already under distress.

To help support economic independence and financial stability among the formerly incarcerated, DRCPP will:

• Continue to advocate for and provide technical assistance on eliminating discrimination against people with criminal records.
• Follow up on DRCPP’s recent victory in achieving policy change which provides judges greater flexibility in modifying or reducing child support for incarcerated individuals by advocating for the passage of legislation that would automatically toll child support arrears while a non custodial parent is incarcerated.
• Promote a greater understanding and discourse about the difficulties individuals returning to their communities after incarceration — and their families and communities — face with debt and financial instability as a result of this transition.
• Advocate for the removal of barriers to higher education facing currently and formerly incarcerated students, including the expansion of Pell Grant eligibility for people who are currently incarcerated.