Some incarcerated individuals in New York state will be released early as prison guards continue to face a staffing crisis.  

DOCCS documents report a 24.4% decline in correction officers and correction sergeant plot plan positions between the years 2000 and 2023. Since then, numbers have only continued to drop. In February, COs were told that 70% of staffing is the new 100% staffing — one of the main reasons behind the statewide wildcat strike that lasted nearly a month.

More than 5,000 COs and sergeants returned after the strike, but staffing levels were even worse than when the strike began in February.  

The early releases are the latest effort to bring relief to a burnt-out workforce.

A memo was sent out Monday to prison superintendents across the state to move some incarcerated individuals into residential treatment outcount status.  Those individuals would be supervised by a parole officer until their official release date.

What You Need To Know

  • In an effort to help with staffing shortages across New York state correctional facilities, eligible incarcerated individuals will be released early

  • Those individuals who are released early would finish the remainder of their sentence at an approved residence under the watch of a parole officer 

  • This comes after an ongoing staffing crisis and three-week strike by correction officers 

Those eligible for early release will have to have an approved residence (which does not include a shelter or social services placement); must not have committed a class B through E violent felony or sex offense and are not serving a class A-1 or A-2 non-drug related sentence. Eligible individuals will also be within 15-110 days of the end of their sentence.

The memo says a large number of individuals are potentially eligible.

Individuals who are approved for early release would serve the remainder of their sentence at their approved residence under the supervision of a parole officer, and would have to report to their assigned parole officer for an initial intake within the first 24 hours of their release.

Additionally, those individuals would be issued a Day Reporting ID card and will receive their personal property and balance of their commissary account.

Reactions to the memo have been mixed so far.

Copy of the memo that was sent NYS Prison Superintendents. (DOCCS)
Copy of the memo that was sent NYS Prison Superintendents. (DOCCS)
Copy of the memo that was sent NYS Prison Superintendents. (DOCCS)
Copy of the memo that was sent NYS Prison Superintendents. (DOCCS)

The Legal Aid Society released a statement Tuesday, saying it supports the plan to expedite the release of some individuals. The organization, however, criticized the eligibility requirements. 

“While we welcome DOCC’s plan to expedite the release of some incarcerated New Yorkers amid the ongoing staffing crisis impacting prisons across New York State, the eligibility restrictions for this early release program exclude thousands of individuals who can and should be considered for release. A full copy of the organizations statement can be found below:

“As an initial matter, this plan only impacts people who are already approaching their release date in the next three months. And according to DOCCS’s memo, this is further limited to incarcerated individuals who can obtain approval by parole officers for a non-shelter residence plan, among other qualifications. 

“These restrictions will leave behind far too many New Yorkers at a time when prisons are still reeling from an unauthorized work stoppage by corrections officers that continues to have profoundly harmful impacts on incarcerated people. DOCCS’s plan does nothing to address the medially vulnerable, the elderly, and countless others who pose no risk to public safety and are still costing the State thousands each week to keep in prison."

NYSCOPBA, the union that represents correctional officers, seemed to appreciate the effort to support COs in understaffed facilities. 

“NYSCOPBA’S concern, as it has always been, is the current and future safety of all staff working in the correctional facilities," James Miller, the union’s spokesperson, said in a statement. "We will continue to advocate on behalf of our members for the department to address on-going safety concerns that currently exist.”

Gov. Kathy Hochul's office shared that sentiment in a statement Tuesday.

“Governor Kathy Hochul’s top priority is the safety and well-being of all New Yorkers. The Governor is aware of Commissioner Maruscello’s memo and supports his efforts to safely address staffing shortages and personnel concerns,” the governor's office said.

Hochul, however, has been criticized for firing about 2,000 COs after the strike.

A completed list of incarcerated individuals from each facility who are eligible for early release must be submitted by noon Friday.