Our Initial Thoughts on Governor Kathy Hochul’s January 5 State of the State Address

Governor Kathy Hochul’s State of the State offers several promising approaches to address needed reforms to New York’s prison and reentry systems. For far too long, people in jail, prison, and reentry have faced unreasonably high barriers to even the most basic access to education, employment, and housing. We are encouraged by the Governor’s proposals to remove these barriers, her focus on restoring the basic rights of formerly incarcerated people and offering new opportunities for people who are currently in prison. While we are eager to review the details of each of these proposals and to understand their funding levels in the Governor’s Executive Budget, we were pleased to see the following initiatives highlighted:

Restore the Tuition Assistance Program (TAP) for Incarcerated Individuals: A repeal of the 1995 TAP ban will create new opportunities for those seeking education while incarcerated. (p72)

Pass the Clean Slate Act: This long-needed bill will seal many felony and misdemeanor records after a period of time and be a meaningful step in ending the perpetual punishment that accompanies a criminal record. (p72)

Eliminate Outdated Supervision Fees to Reduce Barriers for Individuals Returning to Society After Incarceration: Ending the monthly $30 supervision fee will allow people returning home the chance to focus on overcoming the challenges of securing employment, housing, and building stability — not paying off unnecessary bills after completing their sentence. (p74)

Fully Staff the Parole Board: A fully-staffed parole board of 19 appointees creates an opportunity to build a more effective and just parole system that sees fewer postponed hearings, a more thorough review of each person’s parole application, and a more reasonable workload for commissioners. (p74)

Providing DMV Non-Driver ID Cards: By ensuring that every person who is released from prison has official state identification, this proposal will allow people to focus on family, housing, and employment during their first months home. (p74)

Repurpose Closed Prisons to Drive Economic Growth and Close Service Gaps: Closing prisons means opportunities for communities to imagine and build new economic engines with the infrastructure left behind. We look forward to community-based re-imagining of sites of mass incarceration into places of opportunity and sustainable jobs. (p118)

Fair Chance Housing: Access to stable housing is key to successful reentry. We are encouraged to see the Governor support legislation to automatically eliminate a private landlord’s ability to reject individuals with justice involvement. (p135)

Ensure Gender-Affirming Treatment of Individuals in State Correctional Facilities: The Governor will propose legislation requiring that incarcerated people in state and local correctional facilities be addressed and have access to commissary items, clothing, and other materials consistent with their gender identity. The Governor’s proposal will ensure individualized and informed placement of incarcerated people that respects their gender identity while also establishing measures to protect the safety of incarcerated individuals. (p211)

It is just, cost-effective, and logical for New York State to expand opportunities for people to rebuild and restore their lives while they are in prison and once they come home. As Osborne works to end the carceral state, honor the full humanity of the people we serve, and acknowledge everyone’s capacity to change, we will continue to fight for policies and practices that promote true safety, justice, and liberation. We look forward to working with our colleagues who work inside prisons, jails, and in reentry services and with the Governor and legislators to enact these needed and laudable reforms.