ALBANY — Gov. Kathy Hochul wants to release thousands of inmates convicted of violent crimes, according to The Post, as state prisons face a staffing shortage as a result of her decision to fire 2,000 correction officers during an illegal strike earlier this year.
According to sources familiar with the talks, Hochul is proposing that some violent offenders be eligible for a state program that allows inmates to be released early on merit time if they meet certain requirements.
Currently, only nonviolent offenders are eligible for the program, which allows them to reduce their sentences by earning degrees or learning vocational skills.
The governor’s office has shared numbers with the state Legislature, estimating that up to 4,000 prisoners have already completed the programming requirements and are therefore eligible for release.
Hochul’s office told The Post on Friday that the number is closer to 3,000, with approximately 1,300 of those prisoners already considered eligible for immediate release if and when her proposed changes take effect.
The pitch comes as Hochul and state Senate and Assembly leaders continue to negotiate her massive $252 billion fiscal year 2026 budget proposal, which was due on April 1.
Backroom negotiations are underway now that the governor and the Legislature have mostly reached an agreement on her proposal to change the state’s 2019 discovery laws.
Lawmakers approved another extension of state funding Thursday, with plans to return next week.
But Hochul’s latest pitch may face opposition. Several politicians, including those in her own party, are opposed to early release for violent inmates.
“I personally don’t believe we should be expanding these kinds of opportunities to folks who are incarcerated for serious violent offenses,” state Sen. Jim Skoufis (D-Orange) told The Post.
Assemblywoman Marianne Buttenschon (D-Oneida) added, “I am not in support of allowing (sic) those convicted of violent felonies to be considered for merit time release.”
However, progressive lawmakers have pushed for the contentious legislation.
It would allow Hochul to try to address the crisis in state prisons, reducing the inmate population by up to 3%, according to her office’s estimates.
“I think the governor’s motive is more aligned with using this as a tool to address the uneven staffing ratios that exist in a lot of these prisons,” says Skoufis.
Daniel Martuscello, commissioner of the state Department of Corrections and Community Supervision, told reporters earlier this month that prisons are understaffed by 4,000 people.
At the beginning of this year, the agency was 2,000 officers short of its ideal full staffing level of 14,000.
Hochul chose to fire approximately 2,000 additional illegally striking corrections officers earlier this year.
Earlier this month, Spectrum News reported that Hochul was considering relaxing the merit time requirements.
A governor’s spokesperson told The Post that her proposal would not extend merit time eligibility to people convicted of particularly heinous crimes like murder and sex crimes.
However, Hochul’s office has not specified which violent offenses, such as assault and gun crimes, she intends to include in the program.
“Governor Hochul will not allow anyone who poses a public safety risk to be released from prison early,” the representative said in a statement.
“A proposal was discussed that would have granted near-term merit time release to approximately 3% of the prison population—but only if they have excellent disciplinary records and a plan to live a crime-free life outside of DOCCS facilities.” “Under no circumstances will this Administration grant special privileges to individuals convicted of murder, rape, or other sex offenses,” the statement read.
The merit time program was initially implemented in 1997. It allows offenders convicted of certain nonviolent crimes to receive one-sixth of their total sentence.
To be eligible, prisoners must complete treatment and job programs. They must obtain a high school equivalency diploma, complete alcohol or substance abuse treatment, attend a vocational program for at least six months and earn a title, or complete at least 400 hours of community service.
“Currently, the vast majority of people in New York prisons are not eligible for merit time, which provides incentives for participating in educational and vocational programming,” Thomas Gant, Community Organizer at Center for Community Alternatives, said in a statement Friday.
“New York has one of the most restrictive earned time systems in the country and over 80% of people are excluded from the program,” Mr. Gant said. “Our current system denies hope, undermines transformation, and ignores a basic truth: people change.”
Hochul is also proposing to lower the age requirement for prospective correction officers from 21 to 18, in an effort to address the prison crisis.
Hochul has already attempted to address the prison staffing shortage by refusing to accept individuals from local jails, including Rikers Island, since the strike.
In recent weeks, the governor went even further, instructing DOCCS to release some inmates who were deemed eligible for early release. Republican lawmakers from across the state condemned the move.
“Governor Hochul has made it clear that the safety and integrity of correctional facilities is a top priority and continues to explore a number of options with our legislative partners to improve the system through renewed correction officer recruitment efforts and policy reforms,” a Hochul spokesman said.
