NCJ Number
34073
Date Published
1975
Length
328 pages
Annotation
FINAL REPORT ON A ONE-YEAR POLICY STUDY TO EXAMINE THE FEASIBILITY OF DEVELOPING SAFE, ECONOMICAL, AND HUMANE COMMUNITY-BASED ALTERNATIVES TO MAXIMUM SECURITY IMPRISONMENT FOR SELECTED FELONY OFFENDERS IN NEW YORK.
Abstract
THIS PROJECT INVOLVED AN ANALYSIS OF NEW YORK STATE CRIME TRENDS, SENTENCING PRACTICES, CORRECTIONAL CHANGES, AND OTHER CHARACTERISTICS; AN EVALUATION OF THE SAFETY, COST, EFFECTIVENESS, AND APPLICABILITY OF SENTENCING ALTERNATIVES USED ELSEWHERE; AND AN ASSESSMENT OF IMPEDIMENTS TO CHANGE IN NEW YORK AND THE MAPPING OF APPROPRIATE STRATEGIES AND RECOMMENDATIONS FOR POLICY ALTERNATIVES. THE MAJOR OBJECTIVE OF THE STUDY WAS TO LESSEN THE OVERRELIANCE ON IMPRISONMENT CHARACTERISTIC OF NEW YORK SENTENCING PRACTICES. THE SENTENCING ALTERNATIVES CONSIDERED WERE DIVERSION, FINES, 'UNCONDITIONAL' OR 'CONDITIONAL' DISCHARGE, PROBATION SUBSIDY, AND INTENSIVE PROBATION. PROJECT STAFF CONCLUDED THAT, GIVEN THE POLITICAL AND ECONOMIC CLIMATE OF NEW YORK, PROBATION WAS THE MOST VIABLE PRISON ALTERNATIVE. CITED AS IMPEDIMENTS TO IMPLEMENTATION OF THIS ALTERNATIVE ARE LEGISLATIVE BLOCKS (MANDATORY 'PREDICATE' AND 'PERSISTENT' FELONY SENTENCING LAWS) AND THE NEED TO CONVINCE JUDGES OF THE SAFETY AND EFFECTIVENESS OF PROBATION AS AN ALTERNATIVE TO IMPRISONMENT. PROPOSALS FOR DEALING WITH THESE IMPEDIMENTS ARE IMPENDED. THEY INCLUDE A MEMORANDUM IN SUPPORT OF A STATE PROBATION DEMONSTRATION PROJECT FOR SELECTED FELONY OFFENDERS; A PROPOSAL TO ALLOW CLASS D AND E CONVICTED FELONS TO BECOME ELIGIBLE FOR PLACEMENT IN SPECIAL, HIGH INTENSITY PROBATION CASELOADS; AND AN EVALUATION OF NEW YORK STATE'S SECOND FELONY LAW (MANDATORY IMPRISONMENT UPON SECOND CONVICTION FOR 'ANY' FELONY WITHIN A TEN-YEAR SPAN). THE SUPPORTING MATERIALS ATTACHED TO THIS REPORT INCLUDE A DESCRIPTION OF THE CORRECTIONAL SYSTEM IN NEW YORK, A DISCUSSION OF THE PHILOSOPHIES OF PUNISHMENT AND CORRECTION, AND ANALYSES OF FINES AND PROBATION SUBSIDY AS ALTERNATIVES TO INCARCERATION. A LIST OF REFERENCES AND A 19-PAGE BIBLIOGRAPHY CONCLUDE THIS REPORT.