Urges Program's Expansion:
NYSCOPBA: Shock Incarceration Works

By REUVEN BLAU

The union representing state Correctional Officers is urging the Spitzer administration to expand its use of Shock Incarceration facilities as part of its final changes to New York's sentencing laws.

LARRY FLANAGAN: Intensive program effective.

The New York State Commission on Sentencing Reform last month released a preliminary report suggesting ways to improve the state's current sentencing structure, calling for a more simplified and streamlined system. The report is the first time in more than 40 years that New York's sentencing laws have undergone a thorough and comprehensive review, according to the commission.

Adds to Public Safety

New York State Correctional Officers and Police Benevolent Association President Larry Flanagan Jr. told the 11-member Commission that the union supported a number of the report's conclusions, including the establishment of a permanent sentencing group to serve as an advisory body to the legislative and executive branches.

"NYSCOPBA's number one concern is keeping the communities safe," Mr. Flanagan testified on Nov. 15. "We would strongly suggest more shock programs specifically designed to teach an individual about the challenges of dealing with everyday life as they continue outside the prison walls."

GOVERNOR SPITZER: Awaits sentencing plan.

In September, the Department of Correctional Services marked "20 years of successful shock incarceration." DOCS called the program the most successful of its kind in the nation, which has led to a reduction in crime and saved taxpayers more than $1.18 billion.

The intensive, six-month program of hard physical labor, academic education, drug treatment and personal counseling allows successful inmates to be released as much as 30 months early, according to DOCS.

Key Parole Tool

"While fewer than 4 percent of incarcerated offenders are shock participants, the program accounts for more than 10 percent of all offenders paroled each year," a DOCS press release stated. "Each graduate results in 345 days of reduced demand for prison space."

While the union supported the majority of the Commission's proposals, Mr. Flanagan pointed out that the organization was opposed to terms such as "community-based treatment" or "alternative sentencing" as a cover for the state to pursue privatizing safety security jobs in jails.

In July, Governor Spitzer signed into law a bill prohibiting the privatization of security posts in state jails. The measure, which was vetoed four times by former Governor Pataki, bars DOCS from replacing Correctional Officers with private guards.

The legislation was strongly backed by NYSCOPBA, which represents the state's 23,000 Correctional Officers.

Governor Spitzer established the Sentencing Reform Commission through Executive Order No. 10 on March 5, 2007 to conduct a comprehensive review of the state's sentencing structure.

DOCS Represented

The Commission, which is expected to release its final report next year, includes DOCS Commissioner Brian Fischer and other criminal justice experts, as well as representatives from the prosecution, defense, legislative, victim and judicial communities.

Some of the Commission's key recommendations include: abandoning the state's intermediate sentencing system for more than 200 non-violent felonies, modifying sentencing statutes for drug offenders, examining the broader use of graduated sanctions including curfews, home confinement, and electronic monitoring, as well expanding prison-based educational and vocational training.