Gov Hochul wants early prison release for some violent NY convicts — after firing 2K prison guards during illegal strike
ALBANY — Gov. Kathy Hochul wants to release thousands of inmates convicted of violent crimes, The Post has learned — as state prisons face a staffing crunch following her decision to fire 2,000 correction officers during their illegal strike earlier this year.
Hochul is proposing making some violent offenders eligible for a state program that allows inmates to be sprung early on merit time if they meet certain requirements, according to sources familiar with the talks.
The program currently only applies to non-violent offenders, letting them get time off of their sentences by earning degrees or learning vocational skills.
The governor’s office has shared numbers with the state Legislature estimating that upwards of 4,000 prisoners have already met the programming requirements and therefore would be eligible for release.
Hochul’s office told The Post on Friday that the number is closer to 3,000, with about 1,300 of those prisoners already being deemed eligible for release immediately if or when her proposed changes go into effect.
The pitch comes as Hochul and state Senate and Assembly leaders continue to negotiate over her massive $252 billion proposed fiscal year 2026 budget, which was due April 1.
The backroom negotiations are progressing now that the governor and the Legislature have mostly finalized an agreement on her proposal to change the state’s 2019 discovery laws.
Lawmakers passed another extension of state funding Thursday with plans to return next week.
But Hochul’s latest pitch could face pushback. Several pols, even within her own party, are against early release for inmates incarcerated for violent crimes.
“I personally don’t believe we should be expanding these kinds of opportunities to folks who are incarcerated for serious violent offenses,” state Sen. Jim Skoufis (D-Orange) told The Post.
Assemblywoman Marianne Buttenschon (D-Oneida) added: “I am not in support to allow (sic) those convicted of violent felonies to be considered for merit time release.”
Progressive lawmakers, however, have been pushing the controversial measure.
It would allow Hochul to try to get a handle on the crisis at state prisons — reducing the inmate population by as much as 3%, according to her office’s estimates.
“I think the governor’s motive is more aligned with using this as a tool to address the uneven staffing ratios that exist in a lot of these prisons,” Skoufis said.
Daniel Martuscello, commissioner of the state Department of Corrections and Community Supervision, told reporters earlier this month that prisons are understaffed by 4,000 people.
At the start of this year, the agency was at 2,000 officers below its ideal full staffing level of 14,000.
Hochul chose to fire about 2,000 more illegally striking corrections officers earlier this year.
Spectrum News first reported earlier this month that Hochul was considering loosening the merit time requirements.
A governor’s spokesperson told The Post that her proposal would not expand merit time eligibility to people convicted of some particularly egregious offenses, such as murder and sex crimes.
But Hochul’s office didn’t specify which violent offenses, for instance assault and gun crimes, she wants to add to the program.
“Governor Hochul will not allow anyone who demonstrates a public safety threat to be released early from prison,” the rep said in a statement.
“A proposal was discussed that would have granted near term merit time release to approximately 3% of the prison population — only if they have excellent disciplinary records and a plan to live a crime-free life outside DOCCS facilities. Under no circumstances will this Administration grant any special privileges to individuals convicted of murder, rape or other sex offenses,” the statement said.
The merit time program was first implemented in 1997. It allows offenders convicted of some non-violent crimes to chop off one sixth of their full sentence.
In order to be eligible, prisoners must complete treatment and job programs. They must earn a high school equivalency diploma, complete alcohol or substance abuse treatment, participate in a vocational program for at least six months and earn a title or perform at least 400 hours of community service.
“Currently, the vast majority of people in New York prisons are not eligible for merit time, which provides incentives for participating in educational and vocational programming,” Thomas Gant, Community Organizer at Center for Community Alternatives, wrote in a statement Friday.
“New York has one of the most restrictive earned time systems in the country and over 80% of people are excluded from the program,” Gant said. “Our current system denies hope, undermines transformation, and ignores a basic truth: people change.”
Hochul is separately pitching to reduce the age requirement for prospective correction officers from 21 to 18, also in an attempt to resolve the prison crisis.
Hochul has already scrambled to try and put band-aids on the prison staffing shortage by refusing to intake individuals from local jails since the strike, including from Rikers Island.
The governor even went a step further in recent weeks, instructing DOCCS to spring some inmates it deemed eligible for early release. The move was blasted by GOP pols across the state.
“Governor Hochul has made it clear that the safety and integrity of correctional facilities is a top priority and continues to explore a number of options with our legislative partners to improve the system through renewed correction officer recruitment efforts and policy reforms,” a Hochul spokesperson said.
