New York State Department of Corrections and Community Supervision

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New York State Department of Corrections and Community Supervision
NY - State Correctional Services.png
NYSDOCS Seal.png
Flag of the State of New York
Flag of the State of New York
AbbreviationNYSDOCCS
Agency overview
Preceding agencies
Employees31,300
Jurisdictional structure
Operations jurisdictionNew York, United States
General nature
  • Civilian police
Operational structure
HeadquartersAlbany, New York
Sworn members23,000
Agency executive
Facilities
Prisons52
Website
Official website
Former name:
New York State Department of Correctional Services
(1971–2011)

The New York State Department of Corrections and Community Supervision (NYSDOCCS) is the department of the New York State government[1] that maintains the state prisons and parole system.

As stated by the Department, it is "responsible for the care, confinement, and rehabilitation" of approximately 31,400 incarcerated people at 52 prisons funded by the State of New York, and supervises approximately 35,300 parolees at seven regional offices.[2] The department employs a staff of approximately 28,000 individuals, including approximately 18,200 uniformed correction officers.[2][3] Its regulations are compiled in title 7 of the New York Codes, Rules and Regulations.

In response to falling crime rates and prison populations in New York State, the Department has closed a number of facilities since 2009.[4] Since 2011, nearly 20 prisons have been closed, with plans for additional facility closures based on the continued decline in the number of incarcerated individuals in the state.[5][6] On April 1, 2011, the New York State Division of Parole merged with the New York State Department of Correctional Services to form the New York State Department of Corrections and Community Supervision.[7][8]

The stated mission of NYSDOCCS is "to provide for public protection by administering a network of correctional facilities that:

  • Retain inmates in safe custody until released by law;
  • Offer inmates an opportunity to improve their employment potential and their ability to function in a non-criminal fashion;
  • Offer staff a variety of opportunities for career enrichment and advancement; and,
  • Offer stable and humane "community" environments in which all participants, staff and inmates, can perform their required tasks with a sense of satisfaction."

History[]

The New York State prison system had its beginnings in 1797 with a single prison called Newgate located in New York City. A second state prison opened 20 years later in Auburn in 1817, and in 1825 a group of Auburn prisoners made the voyage across the Erie Canal and down the Hudson River to begin building Sing Sing.

Historians have not described the prison system of New York State in the 19th century in a favorable light - with employment positions being awarded based on the spoils system, employees being characterized as largely corrupt, and the use of prisoners to gain favorable manufacturing contracts.[9]

The state commissioned architect Alfred Hopkins to design three major institutions built between 1933 and 1935: Wallkill Correctional Facility, Woodbourne Correctional Facility and Coxsackie Correctional Facility. All three were designed on progressive principles, reflected a concern for aesthetics and a sense of place, and had no surrounding walls or fences.[10] That has changed.

Between its founding and the year 1973, New York had operated only 18 prisons. After the new focus on prison administration brought by the Attica Prison riot in September 1971, and a new influx of prisoners created by the new stricter Rockefeller Drug Laws starting in 1973, the corrections system was forced to expand dramatically.[11] Corrections acquired a number of older state-owned properties from other agencies during the 1970s, some with expansive acreage and Edwardian structures, such as the Adirondack Correctional Facility in 1971 (originally the Ray Brook Sanatorium, founded in 1904) the Otisville Correctional Facility in 1976 (on the grounds of a former tuberculosis sanitarium founded in 1906), and the Mount McGregor Correctional Facility in 1976 (with a varied history since its opening in 1913, operated from 1969 through 1976 as the Wilton State School by the New York State Department of Mental Hygiene).

The growth continued in another way through the 1980s. A huge prison construction initiative took the form of "cookie-cutter" facilities, fifteen different medium-security installations such as Washington Correctional Facility in 1985, built with the same blueprints,[12] the same dorms and messhalls, as Franklin, Mohawk, Bare Hill, etc. Many of the 15 opened in 1988. Two of these, Riverview and Cape Vincent, were initially funded and owned by New York City to shuttle city prisoners by air, as a way to address the city's jail overpopulation crisis.[13]

Demographics and population change[]

The incarcerated population in New York State grew rapidly from the 1970-'90s, in line with the pattern of mass incarceration across the United States. This trend reversed during the first two decades of the 21st century. From its peak in 1999, at nearly 73,000, the total state prison population fell by over 50 percent to 31,000 as of April 2021.[2] Rapidly declining numbers of inmates have led to prison closures and pressure to consolidate further. In some rural communities, this has meant a significant loss of jobs.[14][15] Still, the number of prison officers employed by the Department has declined much more slowly than the number of incarcerated people in the state, by 17% since 1999 as compared to the 57% decline in incarcerated individuals over that period.[2] For every officer employed by the state prison system, there are 1.7 incarcerated people as of 2021, far below the 1999 ratio of 3.3 to 1. By comparison, the US Federal Bureau of Prisons currently has an inmate-to-officer ratio of 7.5 to 1.[16]

The incarcerated population differs significantly from the overall population of New York State in terms of gender and racial/ethnic distribution. As of 2018, according to the US Census categorization system, about 48% of incarcerated individuals were Black or African American; 25% White; 25% Hispanic; and a small number belonging to other categories. In contrast, the largest group in the overall state population is non-Hispanic White. Thus, Black and Latinx/Hispanic men are disproportionately likely to be incarcerated in the state.[17]

In addition, there are far more men than women imprisoned in New York, with women making up about 5% of the total incarcerated population. Currently, the Department does not make public any statistics on gender diversity beyond the designation of facilities as "male" and "female," so the proportion of the population who identify as transgender or non-binary is unknown.

Facilities[]

See main List of New York state prisons[18]

Characteristics of New York State prisons[]

In part as a response to the Attica Prison riot of 1971, a number of measures were taken to avoid future confrontations and reduce tensions. All New York State correctional facilities have monthly meetings between elected prisoner representatives and the prison administration, at which prisoners may present their concerns. A grievance process was instituted, by which prisoners may grieve any employee whom they feel is acting in violation of regulations. Packages may be received year-round.[citation needed]

Almost all prisons have a library, with a professional librarian, and inmate telephone services, which requires recording and monitoring of calls, and inmate email access. Calls can be made and emails sent only to pre-approved numbers and addresses. A prisoner lawsuit about 2010 reduced dramatically the very high charges per minute telephone service provider charged. Each prisoner is assigned an advisor, a staff member who assists inmates in navigating the complicated institutional and external program rules. In addition to checking each inmate's telephone and email lists, the advisor assigns each inmate a job, which is typically paid at well under $1 per hour, often well under 50¢. Typically there are more inmate workers than work to do, but policy is that every inmate in "population"—the main class of inmates, without special conditions—must have a job.[citation needed]

Prisons also have on their staff a chaplain, and a rabbi and imam, who usually visit several different prisons on different days of the week. At some medium-security prisons, facilities for conjugal visits are available for carefully selected inmates, including same-sex married couples. New York State is one of only four states with conjugal visits in 2014. They typically take place in trailers within the prison grounds, and some spouses bring children along, so sex offenders are not eligible for conjugal visits. No women's prison in New York has conjugal visits.[citation needed]

By design, inmates are moved with some frequency between prisons, to prevent inmate–staff friendships that might lead, for example, to drug smuggling by staff.

New York State has also been a national leader in reducing prison population and closing prisons. The reduction is both due to lower crime rates, shorter sentences, and to diversion of offenders[which?] into alternative programs.[citation needed]

As of 2016, New York, per state law, did not contract with private prisons.[19]

Death row[]

Prior to the 2008 repeal of the death penalty, the male death row was at the Clinton Correctional Facility and the female death row was at the Bedford Hills Correctional Facility.[20] The execution chamber was located at the Green Haven Correctional Facility.[21] Previously, inmates had been executed at the Sing Sing Correctional Facility.[22]

Capital punishment was banned following the U.S. Supreme Court's ruling declaring existing capital punishment statutes unconstitutional in Furman v. Georgia (1972), but was reinstated in New York in 1995 when Governor George Pataki signed a new statute into law, which provided for execution by lethal injection. On June 24, 2004, in the case People v. LaValle, the New York Court of Appeals struck down the statute as unconstitutional under the New York Constitution (at the time, only two individuals were under a sentence of death). Although seven individuals were sentenced to death, no one was executed, and the Court of Appeals later commuted the sentence of the final individual under a sentence of death in New York on October 23, 2007, in the case People v. John Taylor. In July 2008, Governor David Paterson issued an executive order requiring the disestablishment of death row and the closure of the state's execution chamber at Green Haven Correctional Facility.[23]

Correction Officers and Parole Officers[]

Training of corrections officers[]

To be eligible to work as a corrections officer in New York State, individuals must be citizens of the United States, at least 21 years old and have earned a high school diploma or equivalent.[24] Recruits complete 12 months of training, including eight or more weeks of formal training. Recruits are paid to attend a paramilitary training program at the DOCCS Training Academy, which includes taking courses in emergency response procedures, interpersonal communications, firearms, unarmed defensive tactics, and legal rights and responsibilities.[24] They also undergo physical training to develop fitness, strength and stamina. There are physical qualification standards for becoming a corrections officer; the trainees must be able to perform seven sequential job-related tasks in two minutes and fifteen seconds or less. Failure in any of the tasks results in the recruit failing to meet the agency qualification standards and, accordingly, being dismissed from the Academy.[25]

Specialized Units[]

Correctional Emergency Response Team (CERT)

Crisis Intervention Unit (CIU)

Hostage Rescue Team (HRT)

Weapons Training Instructor (WTO)

Office of Special Investigations (OSI)

D.O.C.C.S. K-9 Unit

Power and authority of correction officers[]

New York State Correction Officers have peace officer status statewide under Criminal Procedure Law § 2.10; this authorizes them:

  • The power to make warrantless arrests pursuant to Criminal Procedure Law § 140.25[26]
  • The power to use physical force and deadly physical force in making an arrest or preventing an escape pursuant to Penal Law § 35.30[27]
  • The power to carry out warrantless searches whenever such searches are constitutionally permissible and acting pursuant to their duties, in accordance with Criminal Procedure Law § 2.20[28]
  • The power to possess and take custody of firearms not owned by the peace officer, for the purpose of disposing, guarding, or any other lawful purpose, consistent with his or her duties as a peace officer, pursuant to Criminal Procedure Law § 2.20[28]
  • The power to issue certain summonses and appearance tickets when acting pursuant to their duties, in accordance with Criminal Procedure Law § 2.20[28]

New York State Correction Officers are also authorized to carry firearms unrestricted off-duty.

From highest to lowest title, the command structure for correction officers and their civilian administrators is as follows:

Title Insignia
Commissioner
3 Gold Stars.svg
Deputy Commissioner
2 Gold Stars.svg
Superintendent
1 Gold Star.svg
Deputy Superintendent for Security/Colonel
Colonel Gold-vector.svg
Captain
Captain insignia gold.svg
Lieutenant
US-OF1B.svg
Sergeant
U.S. police sergeant rank (black and yellow).svg
Correction Officer
Correction Officer - Trainee

Parole Officers[]

Parole Officers are law enforcement officers within the department who aid, assist and supervise offenders released from correctional facilities to serve a period of post-release supervision. Parole Officers are responsible for providing public safety and community protection, while working with community-based organizations to deliver needed services and supervision to releasees. Parole Officers perform both social work and law enforcement functions, and work to develop a supervision plan for each releasee; they also assess and evaluate the adequacy of each releasee's community adjustment and intervene when the releasee's behavior threatens that adjustment. The parole officer, in consultation with his or her supervisor, determines when and under what circumstances delinquency action is warranted. The parole officer works to ensure that individuals released from prison by order of the Board of Parole and by statute live and remain at liberty in the community without violating the law. When a parolee or conditional releasee violates their conditions of release, the parole officer may take the subject into custody with or without a warrant, and will typically return them to the nearest correctional facility. Parole Officers are usually assigned to area field offices, which are located in many of the major cities throughout New York State. Parole Officers have peace officer status statewide pursuant to Criminal Procedure Law § 2.10.

Unionization[]

In labor negotiations, the officers are represented by the New York State Correctional Officers and Peace officer's Benevolent Association (NYSCOPBA).[29] The union has been vocal in its opposition to prison closures.

Fallen officers[]

32 New York state corrections officers have died in the line of duty.[30]

Commissioners[]

  • Anthony J. Annucci, 2013 to present (acting).[31]
  • Brian Fischer, 2007 to 2013.
  • Glenn S. Goord, 1996 to 2006.
  • Philip Coombe Jr., 1994 to 1996.
  • John A. Lyons, 1939, reappointed 1944[32]
  • Raymond Francis Charles Kieb, appointed 1927

See also[]

References[]

  1. ^ Correction Law § 5(1). "There shall be in the state government a department of corrections and community supervision. The head of the department shall be the commissioner of corrections and community supervision[...]"
  2. ^ Jump up to: a b c d "DOCCS Fact Sheet April 1, 2021". NYS Department of Corrections and Community Supervision. Retrieved 2021-04-26.
  3. ^ "State of New York Comprehensive Annual Financial Report" (PDF). State of New York Office of the Comptroller. 2020-09-01. Retrieved 2021-04-26.
  4. ^ "NYS Department of Corrections and Community Supervision". www.doccs.ny.gov.
  5. ^ Kate Lisa and Alex Gault (2021-02-15). "New York reps criticize Corrections Department for closure of facilities". Livingston County News. Retrieved 2021-04-26.
  6. ^ Robert Harding (2021-04-05). "NY budget allows Cuomo to expedite more prison closures". Retrieved 2021-04-26.
  7. ^ "NYS Department of Corrections and Community Supervision". www.doccs.ny.gov.
  8. ^ "Data" (PDF).
  9. ^ Timothy J. Gilfoyle (2006). A Pickpocket's Tale: The Underworld of Nineteenth-Century New York. W. W. Norton Company. ISBN 978-0393329896.
  10. ^ Joseph F., Spillane (9 May 2014). Coxsackie: The Life and Death of Prison Reform. JHU Press. p. 48. ISBN 9781421413228. Retrieved 3 September 2016.
  11. ^ Pfeiffer, Mary Beth (2 October 2011). "Analysis: NY Prison Population's Dramatic Drop". nbcnewyork.com. Retrieved 3 September 2016.
  12. ^ "Washington Correctional Facility" (Prison Monitoring Report). Correctional Association of New York. 12 January 2011. Retrieved 3 September 2016.
  13. ^ Fine, Thomas (4 January 1992). "NYC Offers to Resell Prisons". Syracuse Post-Standard. Retrieved 2 September 2016.
  14. ^ Spector, Joseph (9 May 2011). "Study Shows NY Corrections Running 88% Capacity". corrections.com. Retrieved 3 September 2016.
  15. ^ Herbert, Geoff (22 December 2020). "3 Upstate NY prisons to close in early 2021; nearly 1,000 jobs affected". syracuse.com. Retrieved 7 June 2021.
  16. ^ "Federal Bureau of Prisons Program Fact Sheet". US Federal Bureau of Prisons. 2020-10-31. Retrieved 2021-04-26.
  17. ^ "2018 Annual Report Standing Committee on Correction" (PDF). New York State Assembly. 2018-12-15. Retrieved 2021-04-26.
  18. ^ https://doccs.ny.gov/system/files/documents/2019/12/facility-map-2019.pdf
  19. ^ "Corrections statue section 121". New York State Senate. Retrieved 6 August 2016.
  20. ^ "Repeal of Death Sentence Regulations (Section 103.45 of 7 NYCRR)" (Archive). New York State Department of Correctional Services. Retrieved on September 2, 2010. "Repeal regulations requiring death sentence warrants to be provided to the Commissioner and persons sentenced to death to be delivered to Clinton and Bedford Hills Correctional Facilities (death row)[...]"
  21. ^ "Inmate 99-B-0067" (Archive). New York State Department of Correctional Services. Saturday January 16, 1999. Retrieved on September 2, 2010."Monroe County Sheriff's Department officers transported Mateo at 4:45 a.m. today to the maximum-security Clinton Correctional Facility in Dannemora in Clinton County, location of the Unit for Condemned Prisoners (UCP) who are male[...]The UCP at Clinton has been physically operable for use since August 31, 1995, the day before the death penalty law took effect, as has a similar three-cell UCP for females at Bedford Hills Correctional Facility in Westchester County plus the single-cell death house at Green Haven Correctional Facility in Stormville in Dutchess County. Neither of the two latter units will be staffed until there are inmates on them."
  22. ^ "Department Receives First Death Penalty Inmate." New York State Department of Correctional Services. July 22, 1998. Retrieved on September 2, 2010.
  23. ^ Scott, Brendan. "GOV PULLS SWITCH ON DEATH CELL" (Archive). New York Daily News. July 24, 2008. Retrieved on September 2, 2010. "The Department of Correctional Services has quietly struck from the books a 40-year-old rule that designated the upstate Green Haven Correctional Facility the state's "Capital Punishment Unit."[...] Although seven defendants were sentenced to death after then-Gov. George Pataki, a Republican, signed the law, the death house has never hosted an execution.[...]"
  24. ^ Jump up to: a b "Correction Officer Trainee". NYS Department of Civil Service.
  25. ^ "NYS Department of Corrections and Community Supervision".
  26. ^ "Arrest without a warrant; by peace officer". NY State Senate. December 21, 2019.
  27. ^ "Justification; use of physical force in making an arrest or in preventing an escape". NY State Senate. December 14, 2019.
  28. ^ Jump up to: a b c "Powers of peace officers". NY State Senate. December 21, 2019.
  29. ^ Schwirtz, Michael; Winerip, Michael; Gebeloff, Robert (3 December 2016). "The Scourge of Racial Bias in New York State's Prisons". New York Times. Retrieved 4 December 2016.
  30. ^ "New York State Department of Correctional Services, NY". The Officer Down Memorial Page (ODMP).
  31. ^ "NYS Department of Corrections and Community Supervision".
  32. ^ New York Legislative Manual (118 ed.). Albany: The Secretary of State of New York. 1944. p. 630.

External links[]

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