About the Correctional Association of New York

CANY, under §146 of New York’s Correction Law, is charged with visiting and examining the state’s correctional facilities to identify and report on prison conditions, the treatment of incarcerated individuals, and the administration of policy promulgated by the executive and legislature. Founded in 1844 by concerned citizens of the state and deputized by the state to provide monitoring and oversight of the state’s prisons in 1846, CANY is one of the first organizations in the country prescribed to administer civilian oversight of prisons.

In 2021, CANY’s ability to monitor state prisons was consolidated into state law with the passage of legislation codifying CANY’s authority to visit, access, inspect and report on the state’s prisons. Under this law, CANY is permitted to visit any state prison with 72-hours' notice to the State Department of Correction and Community Supervision (DOCCS), communicate confidentially with incarcerated individuals and prison staff, operate a phone hotline for the reporting of prison conditions by incarcerated individuals, offer surveys to incarcerated people and staff, and disseminate reports and recommendations to the state’s executive, legislature, DOCCS, and the public at large.

The Correctional Association of New York (CANY) employs a multi-faceted approach to gather comprehensive data and develop insights regarding the state's correctional facilities. This approach incorporates a range of methodologies, including:

  • Direct Observation: CANY conducts in-person monitoring visits to prisons throughout the state. These visits allow for firsthand observation of prison conditions, operations, and interactions between staff and incarcerated individuals. 

  • Data Analysis: CANY delves into administrative data provided by the prison system. This data analysis allows for the identification of trends, patterns, and potential areas of concern within the prison population and overall operations.

  • Correspondence: CANY facilitates a system for receiving direct information from incarcerated individuals within the state's prisons. This correspondence provides invaluable firsthand accounts of experiences within the prison system, highlighting potential issues and areas for improvement.

  • Benchmarking and Best Practices: CANY actively researches successful developments and programs implemented in correctional facilities across other jurisdictions. By studying these best practices, CANY can identify potential solutions that have demonstrably yielded positive results in other contexts.

  • Reporting: CANY’s reports synthesize the observations, findings, and data gathered through the above methods and serve a critical role in identifying key problem areas within the state's prison system, as well as examples of good practice and opportunities for further investment.

The culmination of these efforts is CANY's publication of recommendations for changes in policy and practice. In this Policy Agenda, CANY endorses existing policy proposals and offers justifications, pointing to issues uncovered during monitoring activities.

By highlighting the potential benefits of already extant reforms, CANY aims to provide a well-rounded foundation for policy development. Ultimately, the goal is to achieve demonstrably positive improvements in the services, environment, and treatment-experienced by incarcerated individuals and the working conditions for staff within the state's correctional facilities, and advocate for the decreased use of incarceration in New York by promulgating information that supports reform.

It is important to acknowledge that while these policy recommendations would, if enacted, represent a significant step forward, this Policy Agenda should not be construed as containing an exhaustive list of solutions. Rather, this Policy Agenda is intended to serve as a springboard for further dialogue and action, aiming to address the full scope and complexity of issues identified by CANY's ongoing oversight of New York’s prisons.

Oversight

A 6489B (Weprin) / S 312B (Salazar)—Relates to correctional facility visits by the correctional association.

This bill strengthens CANY's oversight by authorizing the correctional association to visit correctional facilities at any time and without advance notice and granting the CANY access to certain records and information of correctional facilities. Access to these resources and materials will improve transparency, and aid in identifying and addressing prison system issues.

Status: Ongoing - In Committee in Assembly and Senate
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A 7261 (Aubry) / S 600 (Salazar)—Authorizes the correctional association to inspect residential juvenile detention facilities.

Juvenile residential facilities lack independent oversight, limiting policymakers' understanding of operations and treatment. This bill allows CANY to inspect facilities, access a dedicated hotline for reporting concerns, and facilitate legal referrals for incarcerated youth to Prisoners Legal Services (PLS).

Status: Partially Advanced - In Committee in Assembly and Passed Senate
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A 5709 (Gallagher) / S 5877 (Salazar)—Increases the number of members on the state commission of correction and provides for the manner of confirmation of such members.

The State Commission on Correction (SCOC) oversees local jails, provides limited oversight of state prisons, and investigates deaths in correctional facilities but its oversight is limited. This legislation strengthens the SCOC by increasing its representation and independence, enabling it to better address challenges in jails and prisons.

Status: Ongoing - In Committee in Assembly and Passed Senate
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A 7849 (Cunningham)—Relates to health facilities and services in correctional facilities.

This legislation enhances the health department's oversight of correctional health services in state prisons and local jails in response to existing gaps in healthcare quality by expanding DOH's existing review of health policy on HIV/AIDS, and Hepatitis C to include all health care services provided to persons incarcerated in a correctional facility. The bill also requires the Department of Corrections and Community Supervision to post any written report of a healthcare review on its website.

Status: Ongoing - In Committee in Assembly, Not Introduced in Senate
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S 505 (Rivera)—Expands the health department's review of correctional health services by including a biennial study of health care staffing at facilities operated by the department of corrections and community supervision.

This bill expands the Department of Health's oversight of prison healthcare to include emerging infectious diseases, women's health, transgender health, chronic health conditions including but not limited to asthma, diabetes, and heart disease, health services for individuals fifty years of age or older, discharge planning of health care services including planning for discharges requiring residential placement or long-term care services, and substance use disorders. The bill also mandates a biennial review of healthcare staffing in DOCCS facilities.

Status: Ongoing - Passed Senate, Not Introduced in Assembly
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Transparency

A 7854B (Epstein) / S 7607B (Salazar)—Relates to the publication of notice of the death of an incarcerated individual or any other individual occurring in the custody of the Department of Corrections and Community Supervision.

This bill mandates the Department of Corrections and Community Supervision (DOCCS), the department of a local jail, the sheriff of the county, or in counties within New York City, the commissioner of correction, or in Westchester County, the commissioner of correction publish a notice on their respective websites within twenty-four hours of the death of an incarcerated individual or any other individual in the custody of the department.

Status: Ongoing - In Committee in Assembly and Senate
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 A 6486 (Weprin) / S 1923 (Sepúlveda)—Establishes a temporary state commission to study and make recommendations on violence in state correctional facilities including the causes and consequences of such violence with a particular emphasis on changes in levels of violence and the causes of those changes.

This proposed legislation establishes a temporary state commission to study violence in prison. Comprised of diverse stakeholders, this commission will conduct a comprehensive study to investigate the causes of violence. Their findings and recommendations will inform policy and practice changes aimed at increasing safety within the state prison system.

Status: Ongoing - In Committee in Assembly and Senate
CANY Policy Recommendation: Included in CANY's 2023 Policy Agenda: Existing Legislation
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Accountability

A 4379 (O'Donnell) / S 7672 (Salazar)—Creates the office of the correctional ombudsman.

This bill creates an office of a correctional ombudsman in New York to report to a correctional oversight board serving under the Executive. The Ombudsman will independently investigate complaints and report findings, mirroring similar offices in other states, offering a more effective and impartial avenue for addressing concerns within the correctional system.

Status: Ongoing - In Committee in Assembly and Senate
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A 2151A (Peoples-Stokes) / S 952 (Cooney)—Relates to the [attorney general] office of special investigation inspecting serious physical injuries that may have resulted in death

Currently, the NY Attorney General investigates deaths involving law enforcement officers, including corrections officers. This bill expands the AG’s authority to investigate incidents resulting in serious bodily injury. This proposal aims to enhance accountability, increase transparency, deter misconduct, and address gaps in the current system to prevent unchecked abuse.

Status: Partially Advanced - In Committee in Senate, On floor in Assembly
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A 8820 (Fahy) / S 6975 (Salazar)—Authorizes the state inspector general to receive and investigate complaints of sexual assault in correctional facilities

This bill empowers the State Office of the Inspector General to investigate sexual assault complaints and establishing a commission to study and recommend solutions for sexual misconduct in correctional facilities.

Status: Partially Advanced - In Committee in Assembly, Passed Senate
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 A 3956 (Bichotte Hermelyn) / S 8879 (Sanders)—Creates a temporary state commission to study and investigate sexual misconduct in state correctional facilities among incarcerated individuals and employees; devises a reporting system for notification of such misconduct to appropriate authorities; establishes duties and membership of such commission.

This bill establishes a temporary state commission to study and investigate sexual misconduct in prison. The commission will devise a reporting system for notifying appropriate authorities and will be equipped with the necessary duties and membership to effectively examine this issue.

Ongoing - In Committee in Assembly and Senate 
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Medical and Mental Health Care

A 5902 (Kelles) / S 5214 (Harckham)—Directs the commissioner of corrections and community supervision, in consultation with the commissioner of health and the commissioner of mental health, to develop a uniform electronic medical records system to be utilized by all correctional facilities in the state.

This legislation mandates DOCCS to develop and implement a uniform Electronic Health Records (EHR) system, mirroring successful approaches elsewhere and addressing the urgent need for improved healthcare within New York's correctional facilities.

Status: Passed Senate and Assembly, awaiting approval by Governor
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A 227 (Rosenthal L) / S 4264 (Webb)—Relates to women's health in correctional facilities; establishes a women's health education program; requires HIV and STD testing to be offered to incarcerated individuals; provides pregnant incarcerated individuals with access to prenatal vitamins as well as a specialized diet tailored to pregnancy needs; requires a study and report on women's health in prison.         

This legislation requires the Department of Health, Department of Corrections and Community Supervision, Local Jails, and State Commission on Correction to collaborate on a Women's Health Education Program focusing on gender-specific needs. It also requires prisons and jails to offer prenatal care to pregnant women comparable to as offered outside of correctional facilities and requires a report to be given to the Governor and Legislature one year following the effective date of the law.

Status: Ongoing - In Committee in Assembly and Senate
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A 6058B (Solanges) / S 3103C (Brisport)—Requires mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration upon reentry and reintegration into society upon release.

This legislation requires DOCCS to include mental health reentry services as part of an incarcerated individual’s transitional accountability plan while in prison, as well as for discharge planning for incarcerated individuals to include Medicaid enrollment, a transfer of medical records to a health care provider after release, as well as therapeutic programs, family counseling, alcohol and substance use treatment services, HIV/AIDS services, Education and vocational training, housing information, job placement information, and money management assistance.

The bill also allows DOCCS to consult with the Office of Mental Health, addiction services and supports, the board of parole, the department of health, and other appropriate agencies in the development of transitional case management plans and mandates an annual report to the Governor and Legislature each year.

Status: Ongoing - In Committee in Assembly and Senate
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Food and Nutrition

A 6720 (Solanges) / S 4364 (Fernandez)—Directs the department of health to develop state food guidelines for foods purchased, served, and sold by state agencies, programs, and institutions and on state property.

This legislation requires the Department of Health to work with the Office of General Services to develop, apply, and implement statewide food standards made by authoritative scientific organizations, including but not limited to the New York State Food Policy Council, the American Heart Association Food and Beverage Toolkit, the Food Service Guidelines for Federal Facilities, the USDA National School Lunch Program and School Breakfast Program Standards, the USDA Child and Adult Food Care Food Program Guidelines, the American Cancer Society Guidelines for Diet and Physical Activity and the American Diabetes Association Diabetes Plate Method.

Status: Ongoing - In Committee in Assembly and Senate
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A 6854 (Gibbs) / S 6810 (Cleare)—Directs the commissioner of corrections and community supervision to establish a program to purchase fresh produce from farms located in the state and distribute such fresh produce to correctional facilities in the state to be utilized in the provision of wholesome and nutritious food to incarcerated individuals.

In August 2023, Governor Kathy Hochul issued an Executive Order requiring state agencies, including DOCCS, to increase the percentage of food sourced from New York farmers and producers to 30 percent of their total purchases within five years. This bill builds on the Governor’s directive by codifying a program to purchase fresh produce from farms in the state for incarcerated individuals.

Status: Passed Senate and Assembly, Awaiting approval by Governor
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Access to Needs

A 9169 (Burdick) / S 7781 (Harckham)—Directs the commission of corrections and community supervision to establish an annual heat mitigation plan; directs the extreme heat action plan work group of the department of environmental conservation to analyze the impact of extreme heat on incarcerated individuals and people working in prisons.

Climate change poses a disproportionate risk to incarcerated individuals, particularly in terms of extreme heat. To address this, this proposed bill mandates DOCCS to establish and maintain an annual heat mitigation plan to ensure the safety and well-being of both incarcerated individuals and staff.

Status: Passed both Assembly and Senate, awaiting approval by Governor.
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A 9611 (Kelles) / S 7937 (Harckham)—Requires the commissioner of corrections and community supervision to make correctional facility water testing results accessible directly to incarcerated individuals and correctional facility staff in such facilities and make such water testing results available to the public on the website of the department.

This legislation requires DOCCS to make water testing results available to incarcerated individuals and staff working in the state’s prisons, and on a public website in an effort to address concerns about water quality and facilitate targeted improvements.

Status: Partially Advanced - In Committee in Assembly, Passed Senate
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 A 2164 (Epstein) / S 1942 (Bailey)—Relates to providing voice communication services to incarcerated individuals in state correctional facilities at no cost.

Several states and New York City already offer free phone calls for incarcerated individuals. This legislation would make New York the sixth state to implement such a program, allowing incarcerated individuals to maintain contact with loved ones at no cost.

Status: Ongoing: In Committee in Assembly and Senate
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A 6488A (Weprin) / S 3318A (Sepúlveda)—Establishes visiting policies for incarcerated people, to provide incarcerated people opportunities for personal contact with relatives, friends, clergy, volunteers and other persons to promote better institutional adjustment and better community adjustment upon release.

New York allows in-person visits at all correctional facilities, recognizing their importance for maintaining family and community ties. This legislation codifies in person visiting into state law, while setting standards for a visiting program to alleviate pressures on current visiting procedures.

Status: Partially Advanced - On floor in Assembly and Passed Senate
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Academic, Vocational, and Work Programs

A 6481 (Weprin) / S 4916 (Sepúlveda)—Relates to expanding prison work release program eligibility and participation.

Current eligibility criteria limit participation in work release and education release programs, hindering re-entry efforts. This legislation broadens eligibility for temporary release programs, facilitating greater participation in these valuable programs.

Ongoing - In Committee in Assembly and Senate
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A 9320 (Dilan) / S 5598 (Comrie)—Requires that curricula and educational programs provide incarcerated individuals the opportunity to earn educational or vocational credits which shall be transferable to an educational institution upon the release of the incarcerated individual.

DOCCS currently offers college programs in thirty-six of forty-four correctional facilities, enabling incarcerated individuals a chance to pursue degrees. This legislation requires DOCCS ensure earned educational and vocational credits are transferable upon release, further supporting the positive impact of education in prison.

Status: Ongoing - In Committee in Assembly and Senate
Relevant Resources:

Prison Wages and Affordability

A 4510 (Hyndman)—Relates to the Incarcerated Individuals Responsibility and Fair Wages Act; establishes a minimum wage for incarcerated individuals of five dollars per hour; establishes a prison incarcerated individual fund where up to forty percent of an incarcerated individual's wages can be sent to his or her family to help pay for certain expenses.

Current policy dictates wages for incarcerated workers ranging from 10 cents to 65 cents per hour, with some bonuses available in certain roles. This legislation establishes a minimum wage of $5 per hour and creates a fund for the payment of certain expenses by family and/or friends.

Status: In Committee in Assembly, not introduced in Senate.
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S 2345 (Myrie)—Enacts "the prison minimum wage act" relating to payment for labor performed by incarcerated individuals.

This legislation addresses exceptionally low wages for incarcerated workers by establishing a $3 per hour minimum wage while also allowing incarcerated individuals to work for non-profit entities.

Status: Ongoing - In Committee in Senate, Not Introduced in Assembly
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A 7452 (Epstein) / S6747 (Myrie)—Establishes a New York state prison labor board; repealer

To ensure a more equitable and rehabilitative approach to prison labor, this legislation establishes clear standards and creates a board to study and recommend improvements. This would safeguard against mandated work and address concerns about low wages, ensuring that prison labor programs genuinely contribute to the well-being and re-entry prospects of incarcerated individuals.

Status: Ongoing - In Committee in Assembly and Senate
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A 4183 (Burgos) / S 313 (Salazar)—Eliminates court surcharges and fees and probation and parole surcharges and fees

This bill repeals mandatory fees associated with court, probation, and parole, and prohibits the use of wages earned in prison to pay court-mandated fines and fees.

Status: Ongoing - In Committee in Assembly and Senate
Relevant Resources:

Human Rights

A 1319 (Aubry) / S 468 (Sepúlveda)—Relates to establishing minimum rules for the treatment of incarcerated individuals; provides that the United Nations standard minimum rules for the treatment of prisoners, also known as the Nelson Mandela rules, are hereby incorporated by reference.

This legislation establishes minimum rules for the treatment of incarcerated people including a prohibition against prolonged isolated confinement, standards for medical and dental care, confidentiality of grievances, access to visits, legal aid, oversight by an independent agency, access and renumeration for participation in programs, and protection from cruel, inhumane and degrading treatment or punishment. It is based on the United Nations standard minimum rules for the treatment of prisoners, also known as the Nelson Mandela rules.

Status: Ongoing - In Committee in Assembly and Senate
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A 4863A (Kelles) / S3228A (Hoylman-Sigal)—Prohibits participation in torture and improper treatment of incarcerated individuals by health care professionals; prohibits a health care professional from engaging, assisting or planning the torture or improper treatment of an incarcerated individual; requires health care professionals to report torture and improper treatment.

This bill explicitly prohibits the participation of healthcare professionals in any form of torture or improper treatment and mandates the reporting of such incidents.

Status: Ongoing - In Committee in Assembly and Senate
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A 709A (Rozic) / S 2860 (Salazar)—Enacts the "gender identity respect, dignity and safety act"

This proposal establishes requirements to ensure that incarcerated individuals in New York State are treated with respect and dignity, regardless of their gender identity. It seeks to address the unique challenges and vulnerabilities faced by transgender, gender non-conforming, and intersex individuals incarcerated in the state’s prisons.

Status: Ongoing - In Committee in Assembly and Senate
Relevant Resources:

A 8364 (Forrest) / S 7772 (Salazar)—Protects the rights of people in prisons, jails, and forensic facilities; limits the use of cell or segregated confinement; grants access to tablets, visitation, and certain items.

This proposal establishes a comprehensive human rights framework, addressing issues like visitation rights, access to resources, re-entry programs, and abuses. It also aims to create a more just and humane environment in correctional facilities, fostering safer conditions for people in prisons.

Status: Ongoing - In Committee in Assembly and Senate
Relevant Resources:

Sentencing and Parole

A 1128 (Kelles) / S 774 (Cooney)—Establishes the "earned time act" providing for time allowances against the term or maximum term of sentences imposed by the court to be credited on an annual pro rata basis.

This legislation creates a system in which earned time is automatically credited annually and cannot be revoked. This simplifies the process and ensures that all incarcerated individuals have the opportunity to reduce their sentence through positive behavior and program participation, promoting rehabilitation and ultimately contributing to public safety.

Status: Ongoing - In Committee in Assembly and Senate
Relevant Resources:

A 5859 (Woerner) / S 6617 (Addabbo)—Provides for limited credit time allowances for working in the horse handling program for a period of no less than eighteen months and receipt of a certification from the Groom Elite program

This bill expands access to limited credit time allowances to incarcerated individuals who successfully participate in the DOCCS horse handling program and are awarded a certificate from Groom Elite in horse husbandry. The expanded access to credit time compliments participation in programs already eligible for limited credit time such as college programs, the puppies behind bar program, the vocational arts culinary program, asbestos abatement program, training program for a department of motor vehicles call center, among other programs.

Relevant Resources:

A 2035 (Davila) / S 2423 (Hoylman-Sigal)—Relates to parole eligibility for certain incarcerated persons aged fifty-five or older.

This legislation allows for incarcerated individuals who have been in prison for at least fifteen years and are above the age of fifty-five to a parole board hearing for a consideration of release to community supervision. It also requires DOCCS to report data on parole hearings to the Governor Legislature quarterly.

Status: Ongoing - In Committee in Assembly and Senate
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A 2036 (Meeks) / S 6471 (Myrie)—Enacts the "Marvin Mayfield act," eliminating mandatory minimum sentences        

This bill removes the guilty plea on innocence claims when there is credible new, non-DNA evidence of wrongful conviction; it also provides a right to post-conviction discovery; and establishes a right to counsel for those with wrongful conviction claims. 

Status: Ongoing - In Committee in Assembly and Senate
Relevant Resources:

A 162 (Weprin) / S 307 (Salazar)—Provides for findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole.

The proposed "Fair and Timely Parole" legislation emphasizes risk assessment over offense severity, enabling incarcerated individuals to present evidence of their personal achievements and growth during incarceration during the parole process in lieu of a focus on the “nature of a crime.”

Status: Ongoing - In Committee in Assembly and Senate
Relevant Resources:

A 7190 (Dilan) / S 6283 (Sepúlveda)—Relates to medical parole and determinations of whether a person released on medical parole is physically or cognitively incapable of presenting a danger to society.

This bill expands the criteria for granting medical parole, allowing for release based on a thorough evaluation of whether the individual poses a public safety threat due to their physical or cognitive limitations.           

Status: Ongoing - In Committee in Assembly and Senate
Relevant Resources:

A 9347 (Dilan)—Provides for the release on medical parole for incarcerated individuals who require the level of care typically provided in a nursing home setting or those who, because of their physical or cognitive condition, are limited in their ability to perform basic life activities.

This bill establishes eligibility for medical parole for individuals who require nursing home level care or experience severe limitations in daily activities due to physical or cognitive impairments.

Ongoing - In Committee in Assembly, Not Introduced in Senate
Relevant Resources:

Re-Entry

S3269 (Sepúlveda)—Relates to the department of correction and community supervision's role with respect to discharge planning to assist incarcerated individuals in obtaining housing before release to community supervision.        

This legislation requires DOCCS to assist incarcerated individuals in securing housing prior to release by engaging all possible stakeholders to obtain housing for released incarcerated individuals. It seeks to limit the current practice of discharging individuals from prison to shelter without adequate housing assistance, both pre- and post-release.

Status: Partially Advanced – On Floor in Senate, Not Introduced in Assembly
Relevant Resources:

A 531 (Walker) / S 321 (Salazar)—Authorizes certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction.

This bill provides an opportunity for incarcerated individuals to gain a "Second Look" by demonstrating growth while requesting a reconsideration of extreme and disparate sentences. The proposal allows those who are incarcerated to ask the court for a new sentence or a shorter sentence. It also gives them the right to have a lawyer help them with their request for a sentence reduction.

Status: Ongoing - In Committee in Assembly and Senate
Relevant Resources:

A 2722 (Walker) / S 2891 (Myrie)—Relates to motions for resentencing by the people.

This proposed law provides for district attorneys to be able to present a motion for resentencing after 20 years for class A felonies, and after 15 years for all other felonies. Current law provides limited opportunity for district attorneys and prosecutors to apply for resentencing for certain cases, despite significant changes to the state's criminal code in recent decades.

Status: Ongoing - In Committee in Assembly and Senate
Relevant Resources:

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2023 Policy Agenda: New Proposals