History of Parole in New York State New York State Division of Parole
1 history of parole in new york state
1.1 reformatories
1.2 guardians
1.3 parole process
1.4 reception
1.5 20th century
history of parole in new york state
in 1817, nation s first time law, rewarding prison inmates time off period of imprisonment behavior, approved in new york state. in 1824 indeterminate sentencing juveniles established.
in 1867, prison association appointed committee prepare plan revision of new york s prison system, based upon united kingdom penal reforms. in preparing report, prison association s committee visited prisons throughout united states , canada, including detroit house of corrections, under supervision of zebulon brockway. resulting report called creation of “reformatories,” institutions designed “teach , train prisoner in such manner that, on discharge, may able resist temptation , inclined lead upright, worthy life.” subsequently, in 1869, new york governor john t. hoffman endorsed report, , legislature authorized creation of become, on completion in may 1876, new york state reformatory @ elmira – world s first reformatory prison “youthful offenders,” first-time male offenders between ages of 16 , 30.
reformatories
new york pay special attention declaration of principles adopted congress in creating juvenile reformatory @ elmira, of state hired brockway superintendent. 1876 law officially establishing elmira called 5 “respectable citizens” serve board of managers. while 1876 act did not call indeterminate sentencing or parole, 1877 legislation drafted brockway required elmira inmates serve indefinite sentences: while prisoners technically sentenced 6 years, paroled time @ discretion of board of managers. 1877 law contained first statutory use in united states of word “parole,” used in place of “conditional discharge.”
guardians
in 1876, new york state passed system of indeterminate sentences setting minimum , maximum term , permitting parole release of had served minimum; selected prison officials parole required report monthly citizen volunteers known guardians. new york s statutory introduction of parole in 1877 represented first official use in united states of both term , practice.
parole process
although allowed, system of parole not instituted @ elmira until 1882, when brockway established factors determined in assessing each inmate’s suitability release: offense, offense history, institutional behavior, work record, academic progress, attitude, future plans, , – importantly – perceived threat of recidivism. inmates required secure employment , place live before release on parole. after release, parolees required follow 4 rules designed make became “good workers” , “good citizens.” first, had remain employed 6 months. second, had submit monthly report, signed employer, showing income , expenses , providing “a general statement” of lives , “surroundings.” third, not quit or change jobs. fourth, required “conduct [themselves] honesty, sobriety, , decency; [avoid] evil or low associations; , . . . abstain intoxicating drinks.” parolees violated of these conditions had parole revoked.
reception
brockway s parole system seen successful – not least due affinity public relations – and, in 1900, united states government included in reports submitted international prison commission essay brockway on elmira system. there, brockway summed commitment penal reform rather retribution:
“it can not denied there in economy of moral government of supreme ruler retributive – equitable balancing of painful consequences sinful acts-a beneficent , remedial agency; function super human. no sanctions of human laws, no court or prison system, no man or association of men ever can attempt administer retribution criminals crimes. impossible justly administer it, , abundantly in evidence futile attempts minister punishments crimes, under laws , practice, constitutes serious obstruction sure public protection criminal – namely, reformation.”
however, brockway s success tempered accusations of corruption , abuse. board of charities inquiry conducted in 1893 , 1894 found elmira brutal , ineffective prison, allegations haunt rest of brockway s tenure. in 1900, same year brockway extolled virtues of reformatory system international prison commission, governor theodore roosevelt replaced 3 elmira managers supported brockway, shortly after other 2 managers resigned. brockway himself resigned thereafter. in 1901, elmira s new board of managers, echoing board of charities inquiry, published critique of reformatory in annual report, citing poor physical condition, inadequate medical care, administrative corruption, , brutal disciplinary techniques including flogging.
20th century
nevertheless, brockway s reforms had proved popular, , indeterminate sentencing spread through in wake of tenure @ elmira, and, in 1907, new york became first state adopt components of modern parole system: indeterminate sentencing, system granting release, post-release supervision, , specific criteria parole revocation.
on july 1, 1930, division of parole established in executive department. full-time board of parole created within division , given responsibility, formerly held department of corrections, decisions on parole releases prisons. jurisdiction on releases training schools , correctional institutions mentally disabled prisoners added parole board s authority in 1945.
a 1967 law extended board s release authority persons incarcerated in local reformatories, transferred functions of new york city parole commission new york state division of parole , gave agency control on conditional release of inmates under definite sentences.
in 1971, division of parole consolidated department of corrections form department of correctional services (docs). in wake of attica prison riot , demands courts , other quarters procedural rights of parolees protected, parole in 1977 again established autonomous agency within executive department. same reform act mandated adoption of formal release guidelines eliminate perception of arbitrariness.
a 1978 law made division of parole responsible release decision juveniles convicted of serious felonies , post-release community supervision. surge in incarcerations in 1980s , 1990s, division of parole expanded significantly, did array of substance abuse treatment , other services available releasees maintain law-abiding life style.
the sentencing reform act of 1998, commonly referred jenna s law, added new dimension division through elimination of discretionary release violent felony offenders while mandating court-imposed periods of post-release supervision of 1.5 5 years offender must serve after completing period of incarceration imposed court.
in april 2011, division of parole once again merged nys department of correctional services form nys department of corrections & community supervision.
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