The head of the state prison system has released 151 people early under a new initiative announced to ease a staffing crisis in the aftermath of a wildcat strike by officers who had protested a law limiting their use of solitary confinement.
That’s far smaller than the 766 possible candidates the Department of Corrections and Community Supervision (DOCCS) says it had initially identified, all of whom were within 110 days of their approved release dates
But 404 of those prisoners were deemed ineligible because they lacked an approved non-shelter residence, according to department spokesperson Nicole March, while dozens of others were rejected because they had pending warrants, she added.
When releasing people from prison early, bypassing the parole system, state law limits DOCCS Commissioner Daniel Martuscello to sending them to state-run “residential treatment centers.” That precludes sending people straight to shelters, March said.
Once in the residential centers, eligible prisoners are then allowed to move to private homes or apartments approved by the department, according to advocates familiar with the process.
The early release figures come as some conservative-leaning state lawmakers are urging Gov. Kathy Hochul to limit the number of people sprung before they complete their full sentences. They contend it sends the wrong message to people convicted of crimes and their victims.
On the flip side, prison reform advocates are urging her to release more prisoners early and boost the number of people behind bars she grants clemency. They contend that no one should remain locked up simply because they can’t afford housing.
“People should be appalled and shocked. It’s not a way to treat human beings,” said Lauren Nakamura, a staff attorney for the Prisoners’ Rights Project at The Legal Aid Society.
The 151 people represent 0.4% of the prison population, which state records show stood at 38,837 as of April 24.
Gov. Kathy Houchul fired approximately 2,000 state correction officers who refused to return to work after a nearly three-week strike. She has also banned those officers from possibly working in other state jobs.
To fill the staffing gaps, Hochul has suggested reducing the minimum required age to 18 from 21 for new correction officers. The new younger officers would not be allowed to use guns in prisons and would be supervised by veteran officers, according to her proposed plan.
Meanwhile, the Hochul administration is still relying on 3,047 National Guard members to help run its 44 prisons as of April 16, according to DOCCS.
Prison reform advocates contend that releasing more people is the only answer.
“The crisis should provide impetus for the governor to use her clemency power to address the many people sitting in prison, those with profound evidence of rehabilitation, as well as those who simply present no true threat to public safety,” Steve Zeidman, director of the Criminal Defense Clinic at the CUNY School of Law, told THE CITY.
Since taking office in August 2021, Hochul has granted clemency — in the form of a sentence commutation — to 17 people.
Five months after becoming governor, she vowed to reform the clemency process and issue releases on an ongoing basis throughout the year.
As for the legal housing requirement for early release, advocates say that the 404 prisoners stuck behind bars because of that requirement reflects what they call the prison-to-shelter pipeline. Approximately 42% of those released from state prisons transferred directly to New York City shelters in 2024, according to a 2024 report by the Coalition for the Homeless, citing DOCCS records.
Under DOCCS’ interpretation of the law, prisoners who qualify for early release are also barred from going to housing overseen and operated by nonprofit organizations like the Osborne Association. That’s because that housing is technically labeled as a shelter, according to Osborne’s chief housing officer, Wendell Walters.
“While stable housing supports successful reintegration, the strict residence criteria may inadvertently extend incarceration for individuals otherwise ready for release,” he told THE CITY.
As part of the ongoing state budget talks, Hochul is seeking to expand early release eligibility to some prisoners convicted of violent offenses who meet certain educational and behavioral requirements behind bars, according to media reports. Up to 4,000 prisoners would be eligible under her proposed plan, the reports said.
Advocates have long urged state lawmakers for years to expand early release eligibility and to do more to assist people leaving prison.
“A lot of people that are discharged from prison,” said Legal Aid’s Nakamura,
‘get essentially deprioritized, even though they’re supposed to be a priority population for supportive housing,”
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