Advocates argue incarcerated people can change, while critics say violent offenders should serve full sentences.
BUFFALO, N.Y. — A proposal in the New York State Legislature could change when some people in prison become eligible for parole, sparking debate among criminal justice advocates, prosecutors and policymakers.
The measure, known as the Elder Parole Bill, would allow people aged 55 or older who have served at least 15 years in prison to receive a parole board interview. If approved, the interview would take place within 60 days of their 55th birthday or after they complete 15 years of their sentence, whichever comes later. If parole is denied, the individual would receive another interview within 24 months.
Supporters say the bill would give people who have spent decades in prison the opportunity to demonstrate that they have changed.
“People deserve a second chance. We do make horrendous mistakes. Don’t get me wrong, we do,” said Tracie Adams, a community organizer with Release Aging People in Prison.
Adams, who served three years in prison and now advocates for reform, said incarcerated individuals often work to rehabilitate themselves through education, counseling and support programs.
“There’s tools for us, and we are given the tools, and we do what we need to do because we want to come back home. We made a mistake,” Adams said.
But opponents argue the proposal could put public safety at risk.
Former Erie County District Attorney John Flynn said many people currently serving long sentences were convicted of serious violent crimes and should complete the punishment imposed by courts.
“The reality is, is that there are individuals who are in prison right now who committed heinous offenses, murders, rapes, armed robberies, and these individuals, quite frankly, deserve to do their entire sentence,” Flynn said.
Advocates say the proposal would not guarantee anyone’s release, but instead allow people to present their case before the New York State Board of Parole.
Flynn said even allowing earlier parole eligibility could lead to dangerous offenders being released.
“Quite frankly, I’ve seen the parole board over the course of the past four or five years become much more liberal in the sense of who they’re letting out of jail,” Flynn said.
Adams said the legislation still leaves the decision to release someone up to the parole board and argued that individuals who pose a threat would not be approved.
“Those individual who has, who are, who will be at risk, risk safety to society, wouldn’t be released, OK? So no one’s looking at the rest of it. They only look at that one piece,” Adams said.
The renewed debate comes as a recent report from Thomas P. DiNapoli found New York’s prison population has declined significantly over the past two decades while the average age of incarcerated people has continued to rise.
According to the report, the state’s prison population has dropped by roughly 48% since 2008, with a sharp decline during the COVID-19 pandemic. As the overall prison population has decreased, the proportion of older incarcerated individuals has grown, raising new questions for policymakers about parole eligibility, healthcare costs and how to manage long-term incarceration.
For now, the elder parole bill remains under consideration in Albany.