Certain NY Prisoners Will See Release Amid Pandemic, Top Cuomo Aide Says
The policy will only apply to those who's underlying crime was not a sex offense or a violent felony, the official said in a statement released Tuesday.
April 15, 2020 at 12:23 PM
4 minute read
The New York prison system is starting the process of releasing a slate of older prisoners who have about three months or less remaining on their sentences, a key state official said. The move is aimed at halting the spread of COVID-19.
The move comes as the state prison agency reports that hundreds of staff members have tested positive for COVID-19. A total of 160 prisoners as of Wednesday have tested positive as well, according to the agency.
Melissa DeRosa, secretary to the governor, said the Department of Corrections and Community Supervision has begun the process of releasing prisoners who are 55 years of age or older and have 90 days or less on their sentence.
It will only apply to those who's underlying crime was not a sex offense or a violent felony, she said in a statement released Tuesday.
Several of the specifics around the plan remained unclear as of Wednesday afternoon. It remains unclear whether the parameters will apply to prisoners who turn 55 years old in the future, or whether the release it will only include inmates who are 55 years of age or older right now.
It also remains unclear which specific crimes will be defined as a violent felony for the purposes of the release.
Criminal justice reform advocates welcomed the news from the governor's administration, but warned that the parameters for release only represent a small fraction of the aging and elderly prisoners vulnerable to the coronavirus.
"The governor is playing god with peoples' lives," advocacy groups said in a joint statement. "He is telling the world that he thinks some people deserve to live in freedom, while rolling the dice with the health and well-being of countless others."
The advocacy groups included the Release Aging People in Prison Campaign and a campaign to bring changes to the way the state uses solitary confinement.
With more than 11,500 deaths, New York by far leads the nation in the number of virus-related fatalities. People 50 years of age and older account for about 94% of the state's total death toll, according to state figures.
As of Wednesday, 664 staff members and 160 inmates had been confirmed to be infected with the coronavirus, according to the state prison department.
The coronavirus is also tied to the deaths of five prisoners and one staff member, according to the agency.
For weeks, there have been calls for authorities to release more inmates in correctional facilities due to the coronavirus.
State lawmakers have argued that jails are a dangerous incubator for the virus, partially because of close living quarters and restricted access to soap and hand-washing facilities.
Last month, the Department of Corrections and Community Supervision reported that as many as 1,100 people jailed on parole violations throughout New York would be released.
The department says it's moving on multiple fronts against the coronavirus, including allowing correction officers and civilian staff to wear face masks while on duty. Officials are also allowing prisoners to use state-issued handkerchiefs as a mask, according to the department.
Corrections officials said in statement that it is "currently reviewing the incarcerated population to identify individuals who are 55 years of age or older who are within 90 days of release, are not serving a sentence for an A-I or A-2 non-drug offense, a class B through E violent felony offense, or a sex offense, and who do not pose an undue risk to public safety for potential early release dependent upon having adequate housing available (i.e. not a shelter). We are in close contact with local government agencies and community-based organizations to coordinate appropriate discharge plans to meet the needs of these individuals."
On Wednesday, Gov. Andrew Cuomo's said he will issue an executive order that requires people to wear a face covering or mask in public when it's not possible to practice social distancing.
The executive order is expected to go into effect Friday, his office says.
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