Broken Parole System Indicates the State’s Criminal Justice Failures

By Will Barclay

The most important job of any government is to protect the people it serves. Unfortunately, New York Democrats have shown little interest in protecting the people who have bravely served us. The state parole board’s persistent release of cop killers in recent years insults the victims, their families and the entire community of law enforcement professionals.

Since 2017, the state has released 41 cop killers, a staggering number that defies explanation. Later this month, the board will consider the release of two others, Mitchell Martin and Eddie Matos. In 1982, Martin shot and killed NYPD Officer James Whittington. Matos was convicted of the 1989 murder of NYPD Officer Anthony Dwyer.

Should parole board commissioners continue their troubling pattern, there must be ramifications. They will once again disregard the sacrifices of those officers and their families – families who will not get to spend time with their loved ones ever again. Second chances are an important part of any criminal justice system, but they must be warranted and earned. Those who indiscriminately kill cops do not check either box.

Pro-criminal advocates will never stop calling for the expedited release of inmates, shorter prison sentences and a host of misguided ideas. But it is important to note that parole releases have risen sharply in recent years, especially involving the most serious crimes: Class A-1 violent felonies (murder, kidnapping, etc.). According to the state Department of Corrections and Community Supervision, in 2013, these parole-eligible violent felons making their first appearance in front of the board were released 19% of the time. By 2022, that number skyrocketed to 42%. It’s a disturbing fact that the pro-criminal crowd fails to mention.

To anyone paying attention, it is clear New York is facing an uphill battle when it comes to public protection. The near elimination of bail and a broken parole system are factors contributing to New York’s instability. In response, I have proposed reforms that provide much-needed oversight of the parole board and hold cop-killing criminals accountable. They include:

  • A.5225 (Barclay et al.)/S.1412 (Ortt) – Allows parole board members to be removed by a majority vote of the Senate and the Assembly in addition to removal by the governor. It also removes “for cause” language, requires a minimum of three board members to interview inmates seeking parole and requires a unanimous vote for each parole determination.
  • A.3906 (Barclay)/S.1271 (Ortt) – Reinstates the Death Penalty in New York State, making it an available sentence for those convicted of Murder in the First Degree for the intentional killing of police officers, specified peace officers and first responders among others. Mandates life without parole for cop killers who do not receive a death sentence.

The 2024 Legislative Session featured many opportunities to deliver critical legislation to protect law enforcement and the general public, but, as is too often the case in Albany, liberal politics took priority over common-sense policy. Sadly, this session will be defined by what was left out—meaningful legislation to protect the public—rather than what was passed.

Will Barclay (R,C,I-Pulaski) is the Assembly Minority Leader.