DOCCS releasing some inmates early due to staffing

ALBANY, N.Y. (NEWS10) -- In a memo obtained by NEWS10, New York State Department of Corrections and Community Supervision Commissioner Daniel Martuscello announced that some incarcerated individuals will be moved to residential treatment facilities. Section 73 of New York State Correction Law allows Martuscello to make this call, said the memo.

Prisoners who are within 15 to 110 days of an approved release date, not serving a sentence for an A-1 or A-2 non-drug offense, a class B through E violent felony offense, or a sex offense, and who have an identified approved residence meet the requirements for being released, according to the memo. The approved residence must not be a shelter or a Department of Social Services placement.

In order for a residence to be approved, it must be verified at the facility level. Per the memo, DOCCS expects facilities to review the list of individuals for their facility and complete the spreadsheet for each one indicating:

• If they have a non-shelter/DSS residence
• The physical address and if it was approved by Community Supervision
• What Bureau has been assigned
• Who the assigned parole officer is
• If there are any active warrants
• If the person is participating medical-assisted treatment

According to the memo, multiple approval lists will be issued on an ongoing basis with completed spreadsheets for the first list to be submitted no later than Friday at noon. Prisoners on the list that reach their earliest release date before approval to move should be released normally without regard to the memo.

DOCCS later confirmed and sent the memo from the Commissioner to NEWS10.

"Governor Hochul's top priority is the safety and well-being of all New Yorkers," said a spokesperson for the Governor. "The Governor is aware of Commissioner Martuscello's memo and supports his efforts to safely address staffing shortages and personnel concerns."

NEWS10 received comment from New York State Correctional Officers and Police Benevolent Association spokesperson James Miller stating, "NYSCOPBA’s concern, as it has always been, is the current and future safety of all staff working in the correctional facilities. We will continue to advocate on behalf of our members for the department to address the on-going safety concerns that currently exist.”