Public comment by the Correctional Association of New York (CANY), submitted October 12, 2025
In Reference to Parole Board Decision Making for Minor Offenders, I.D. No. CCS-32-25- 00001-P. Proposed Action: Repeal of section 8002.2(c); addition of new sections 8002.2(c) and 8002.8 to Title 9 NYCRR.
The Correctional Association of New York (CANY) is an independent, non-profit organization with a legal mandate to monitor and report on conditions in New York State prisons. CANY was founded in 1844 and deputized by the state to provide monitoring and oversight of the state’s prisons in 1846, making it one of the first organizations in the country to administer civilian oversight of prisons. Under current law, CANY conducts monitoring visits, publishes reports, and informs policies about conditions in New York State prisons.
Ample research has demonstrated the connection between the still-developing adolescent brain and what Subsection (c)(2) enumerates as the “hallmark features of youth.” CANY commends the New York State Board of Parole for proposing to clarify that the Board must consider minor offender characteristics, hallmark features of youth, and subsequent growth and increased maturity of the individual while incarcerated.
According to the proposed rule, the Board’s “consideration of the subsequent growth and increased maturity of the individual while incarcerated includes, but is not limited to...participation and accomplishments in rehabilitation services in the correctional system, including, but not limited to, mental health services, counseling, educational programs, and vocational training” [Subsection (c)(3)(v)].
Throughout monitoring activities over the past 18 months, CANY has documented numerous obstacles to participation in and completion of rehabilitation services. The chronic and significant staffing shortages which plague the Department of Corrections and Community Supervision interfere significantly with the Department’s ability to provide meaningful access to mental health services, counseling, educational programs, and vocational training. As of April 4, 2025, the vacancy rate was 23.1% in Health Services, 13.9% in Program Services, 31.8% in Security, and 15% in Support Services, resulting in a total vacancy rate of 27.4%.
Indeed, CANY recently documented that the more than 1,000 incarcerated individuals in general population housing units at Five Point Correctional Facility are receiving only “cell-side” instruction for academic, vocational, and therapeutic programs such as ASAT and ART—programs that, even before the current staffing challenges, had long waiting lists for enrollment. “Cell-side” instruction amounts to the distribution of paper packets containing curricula and worksheets. Members of the Executive Team at Five Points acknowledged that it is not currently possible for incarcerated individuals to complete vocational programs or for the facility to begin new cohorts of ASAT or ART. When considering evidence of rehabilitation, the Board must take into consideration the barriers preventing individuals from accessing rehabilitation opportunities—barriers which are well beyond the control of the individual seeking parole. The proposed rule should include this guidance in Subsection (c)(3)(v).
