Res. No. 621

Resolution calling on the New York State Legislature to pass, and the Governor to sign, S.321/A.531, in relation to authorizing certain persons confined in institutions operated by the New York State Department of Corrections and Community Supervision to apply for a sentence reduction.

By Council Members Brannan, Hanif, Louis and Williams

Whereas, New York State has a long history of imposing lengthy prison sentences, including those required by mandatory minimums, that many believe do not always align with the interests of justice; and

Whereas, According to the New York State Department of Corrections and Community Supervision’s (“DOCCS”) public data, New York continues to incarcerate thousands of individuals serving sentences of a decade or more, with a disproportionate number being Black and Latinx; and

Whereas, Statistics from DOCCS show that in 2022, Black individuals comprised 15% of the state’s population but accounted for 39% of arrests, 45% of felony arrests, and 51% of those sentenced to prison; and

Whereas, Racial disparities are evident not only in the total number of people serving lengthy prison sentences but also in the imposition of such sentences; and

Whereas, According to the Sentencing Project, many of these individuals were sentenced under mandatory minimum laws, including two- and three-strike provisions, which prevent judges from exercising discretion and considering individual circumstances during sentencing; and

Whereas, A 2021 report by The Sentencing Project, titled "The Color of Justice, Racial and Ethnic Disparity in State Prisons" found that New York has one of the highest racial disparities in imprisonment in the United States. The report indicates Black people were sentenced to prison at 7.9 times the rate of whites, and Latinx people at 3 times the rate of whites; and

Whereas, The disproportionate imposition of harsh and lengthy sentences on people of color has caused significant harm to individuals, families, and communities; and

Whereas, Currently, New York Criminal Procedure Law 440 only provides judicial reviews focused on specific populations such as military veterans, those sentenced under habitual offender laws, and domestic violence survivors, respectively; and

Whereas, S.321/A.531 sponsored by State Senator Julia Salazar and Assemblymember Latrice Walker seeks to provide incarcerated individuals, who have been sentenced to a decade or more, with the opportunity to apply for a "second look" at their sentences; and

Whereas, Incarcerated individuals will be able to present post-sentencing information, including evidence of rehabilitation and mitigation factors to a judge, empowering judges to use their independent discretion to reduce sentences in the interest of justice, even in cases where mandatory minimums would otherwise apply; and

Whereas, S.321/A.531 aims to address the disproportionate harm caused by overly harsh sentencing laws, ensuring fairer outcomes for individuals who have been incarcerated for long periods; 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.321/A.531, in relation to authorizing certain persons confined in institutions operated by the New York State Department of Corrections and Community Supervision to apply for a sentence reduction.

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LS#17882

10/10/24