By Hank Russell
Two Suffolk County officials are urging state legislators to reject a series of bills that they said would unleash havoc on New York’s streets and release some of the state’s most violent criminals, overwhelm its criminal justice system, and torment past, present, and future crime victims.
The state legislature is considering four bills for a vote as part of the “Parole and Sentencing Reform” package. They are:
- The Earned Time Act, sponsored by Assemblywoman Dr. Anna Kelles (D-Ithaca) and Senator Jeremy Cooney (D,WF-Rochester), which would cut penalties for all inmates in half. Once time is earned for good behavior, inmates cannot have their credit withheld or revoked for any reason and any time that is revoked must be reinstated. Additionally, these time credits would be set retroactively to all incarcerated individuals. Local cosponsors include Assemblymembers Noah Burroughs (D-Hempstead), Phil Ramos (D-Brentwood) and Michaelle C. Solages (D-Valley Stream).
- The Fair and Timely Parole Act,in which any inmate who has a parole board hearing would be automatically eligible for parole. During the hearing, the board must take into consideration examples of the inmate’s efforts to undergo rehabilitation and statements of support from prison staff, the community and other volunteers. If parole is denied, the board must provide a full written explanation of why they believe this incarcerated individual would be a danger to society.
This bill was introduced by Assemblyman David I. Weprin (D-Richmond Hill) and Senator Julia Salazar (D-Brooklyn). Local cosponsors include Ramos, Solages, Burroughs and Assemblyman Charles Lavine (D-Glen Cove). - The Elder Parole Act, which would provide a parole hearing to any inmate over the age of 55 who has served at least 15 years in prison. If the incarcerated individual is denied parole, they will receive a hearing once every two years until they are released. Assemblywoman Maritza Davila (D-Brooklyn) and Senator Cordell Cleare (D-Harlem) sponsored the bill. Local cosponsors include Ramos, Solages and Burroughs.
- The Second Look Act, sponsored by Salazar and Assemblywoman Latrice M. Walker (D-Brooklyn), which would allow any inmate who has served at least 10 years or half of their sentence — whichever is less — to petition for a reduction of their sentence. For the hearing, counsel would be provided free of charge and the presiding judge would not be the same one who sentenced the incarcerated individual to prison. Burroughs and Solages were the local cosponsors.
If these bills were to pass, said District Attorney Ray Tierney, some of the most dangerous criminals would be released — most notably Colin Ferguson, who shot and killed six people and injured 19 others aboard a Long Island Rail Road train in 1993; Joel Rifkin, who killed nine women from 1989 to 1993; and Payton Gendron, who shot and killed 10 people in a Tops supermarket in Buffalo.
“While these bills are often framed as reforms and have innocuous titles, in reality, they will push thousands of New York’s most violent criminals out onto our streets,” he said.
Tierney said the sponsors “gloss over or ignore” who will “benefit from” these bills. “Elder Parole should be named the ‘Abolish Life Without Parole Bill,’ because that’s what it does,” he said. “Serial killer Joel Rifkin and LIRR killer Colin Ferguson would immediately get parole hearings, and the families of the victims would have to start fighting to keep them in. Under the Fair and Timely Parole Act, which turns parole upside down, the parole board couldn’t consider their horrific crimes, but only how well they are doing in prison. If the Earned Time bill passes, most violent criminals in New York State can cut their sentence in half and hit the streets early.
“Under the Second Look Act, even the racist Buffalo supermarket killer would get his sentence re-evaluated six years from now in 2032,” Tierney continued. “There are countless other examples.”
“It is time for the New York State Legislature to stop putting ideology before safety,” said County Executive Edward P. Romaine. “These bills are an insult to every law-abiding citizen, the law enforcement community and especially the victims of these crimes. Use common sense and do not pass these bills.”
Teresa Bliss, whose son David was murdered in 2001, attended the Crime Victims, Crime and Correction Committee meeting earlier this week. “We showed up, we were there, and it was painfully clear that the voices of victims are still being ignored, in fact…. it felt like we were invisible,” she said.
Bliss railed against the legislators who considered this package. “Does our pain mean anything to you?” she asked. “How do you fight so aggressively for the early release of murderers, yet dismiss the families whose lives were shattered. How do you look grieving families in the eye — if you even bother to — and still push bills that undo justice for the worst crimes imaginable? How do you advocate for giving mercy to violent offenders who showed none to our loved ones?”
“When you pass laws that prioritize criminals over victims, you’re not reforming the system — you’re erasing us,” she continued. “Stop acting like our pain is just an unfortunate side effect of your so-called reform.”
“Our justice system must provide certainty in sentencing so victims can have closure and not have to continually worry that the criminal who hurt them will be released early,” Tierney added. “These bills favor criminals over victims. They will make New York unsafe. I urge our lawmakers in Albany to read these dangerous bills; don’t be fooled by pleasant-sounding titles. Protect the public. Protect victims. Stop destroying New York.”