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State proposal draws concern over potential to release offenders of violent crimes

Stock image of prison officer putting handcuffs on an incarcerated person.
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Stock image of prison officer putting handcuffs on an incarcerated person.

A new proposal from the New York Board of Parole could change the review process for those convicted for crimes as a minor, but concerns have been raised by supporters and detractors alike.

The proposal would give a parole review board the ability to weigh mental maturity and development of an offender when deciding to release someone onto parole, if that person was convicted while a minor.

It’s an important consideration, but might not account for external contributors like economic disparities, University at Buffalo criminology professor Chris Dennison, said.

“Growing up in impoverished neighborhoods, dysfunctional families or unstable family environments, those are the same things that are going to show disparities in some of these cognitive measures as well," he said. "So, you know, are we really honing in on a solution, or rather exacerbating an underlying problem?”

According to the proposal, it would apply to offenders serving a “maximum sentence of life” for a crime committed while they were minors. Its language notes this wouldn’t entitle those convicted of a crime as a youth to be granted parole, still requiring the board to review the person’s current behavior and rehabilitation.

State Assemblyman Angelo Morinello, a former Niagara Falls judge, is concerned this phrasing could mean violent crimes.

“There's no talk of a lesser crime," he said. "It's life without parole for murder, and that's what I'm zeroing in on, because that's the only thing I have in front of me, is that proposed regulation.”

The Department of Corrections and Community Supervision could not be reached for clarification.

The proposal now heads to a 60-day public input period, before the board of parole votes on the rule change.

Assemblyman Pat Chludzinski, a former police lieutenant, has multiple bills proposed that would strengthen penalties against offenders on the whole.

The board of parole's proposal is a stark contrast to the change he says is needed.

"This is going in the absolute opposite direction of what the bill proposals that I have in the assembly," he said. "The priority would be public safety and reforming the parole board system so that it would, you know, serve the residents of these communities better."

But treating the problem could go deeper than merely providing stronger prison sentences. There's also a need to decipher root causes of crime Dennison said.

"These are horrible crimes, that's not to suggest a free pass. It's to, you know, create an understanding (that) something causes these things," he said. "We can't just, I don't think, go through life and go, 'well, there are also going to be 15-year-olds who do horrible things.' I don't buy that; I believe there's a 'why.' "