Res. No. 743
Resolution calling on the New York State Legislature to pass, and the Governor to sign, S.342/A.1085, also known as the Earned Time Act, in relation to the early release of incarcerated individuals.
By Council Members Salaam, Cabán, Banks, Hanif, Avilés, Williams, Schulman, Ossé, Nurse, Ayala, Feliz and Restler
Whereas, Earned time is a correctional policy designed to incentivize incarcerated individuals to engage in positive behavior and participate in rehabilitative programs, with the goal of reducing their sentence as a reward for their efforts; and
Whereas, The concept of earned time is based on the principle of rehabilitation over punishment, acknowledging that the correctional system should offer opportunities for personal growth and change that benefit both incarcerated individuals and society at large; and
Whereas, Participating in programs that improve their skills and knowledge, and address underlying issues, such as substance abuse or lack of education, improve outcomes for incarcerated people and the communities to which they return; and
Whereas, The opportunity to earn time off allows incarcerated individuals to feel a sense of hope and agency, as it reinforces the idea that their efforts can lead to tangible outcomes, improving their mental health and outlook on life during incarceration; and
Whereas, Earned time is beneficial for the community because it incentivizes incarcerated individuals to reduce risky behaviors and actively contribute to the rehabilitation process, thus reducing the likelihood of reoffending and recidivism once they are released, which in turn helps reduce the long-term costs of incarceration and the financial burden on taxpayers; and
Whereas, Earned time programs contribute to safer correctional facilities by encouraging compliance with prison rules, lowering instances of violence, and fostering more positive relationships between incarcerated individuals and correctional staff; and
Whereas, According to the Department of Corrections and Community Supervision (“DOCCS”), incarcerated individuals may earn Merit Time by successfully pursuing their Earned Eligibility Plan or Program Plan and meeting specific criteria, such as obtaining a high school equivalency diploma, completing alcohol and substance abuse treatment, participating in vocational training for at least six months and earning a job title, or performing 400 or more hours of community work crew service; and
Whereas, During the 1990s, New York State significantly reduced programs for incarcerated individuals, including the elimination of financial aid for college-in-prison programs, which severely limited access to higher education for those seeking rehabilitation, according to Communities Not Cages; and
Whereas, The Earned Time Act, sponsored by State Senator Jeremy Cooney and Assemblymember Anna Kelles, increases, protects, and expands eligibility for good time and merit time credits, ensuring that all incarcerated individuals, regardless of their offense, have access to meaningful rehabilitative opportunities; and
Whereas, The Act enhances rehabilitation efforts by safeguarding earned time credits, requiring that good time credits vest at the end of each year, and implementing stricter standards for withholding such credits; and
Whereas, The Earned Time Act not only incentivizes good behavior and program participation, but incentivizes correctional facilities to expand and provide rehabilitative programming, increasing opportunities for incarcerated individuals to earn merit time allowances and work toward personal transformation; and
Whereas, The expansion of earned time programs can help reduce the overpopulation in correctional facilities, creating space for those who pose a higher risk to public safety while ensuring that those who have made genuine efforts to rehabilitate are given the opportunity for an earlier release, benefiting both the individual and society as a whole; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, S.342/A.1085, also known as the Earned Time Act, in relation to the early release of incarcerated individuals.
CMB
LS#18097
12/3/24