New York’s top judge backs second chance legislation

New York’s top judge is throwing his support behind legislation intended to give incarcerated New Yorkers a pathway to a sentence reduction.  

In an emotional State of the Judiciary address in early February, New York Court of Appeals Chief Judge Rowan Wilson decried high rates of incarceration in New York and around the country, arguing that lengthy sentences have disproportionately hit communities of color. He wants to update state law so that New Yorkers sentenced to lengthy prison sentences will get a second look at their fates. 

“It is important to remember that all humans, from time to time, do something wrong. But our criminal justice system, as it stands, isn’t working — perhaps it never truly has,” Wilson said. “Prolonged incarceration is costly, ineffective, and does not make us safer.”

Legislation backed by progressive criminal justice advocates and liberal state lawmakers would give New Yorkers facing sentences longer than a decade a chance to have their punishments reconsidered, with a judge having wide latitude to evaluate post-sentencing information and mitigating factors to determine what sentence is in the interest of justice. The bill, which has not moved in Albany, is a response to so-called “harsh sentences” and requires judges explain their findings when evaluating an original sentence.

Four states and Washington, D.C. have adopted “second look” laws that allow judges to reconsider sentences longer than a decade. Similar legislation has not gained much traction in Congress.

State lawmakers made high-profile criminal justice reforms in 2019, including changing pre-trial detention rules, but subsequent campaigns have been largely stalled in Albany. Democrats have proposed bills that would increase the time incarcerated individuals can earn to reduce their sentences through “good behavior” credits and called for eliminating the state’s mandatory minimum sentencing requirements.   

Wilson, who was appointed chief judge by Gov. Kathy Hochul in 2023 and confirmed by the state senate, urged lawmakers in his speech to prioritize these reforms, which he said, “embody the problem-solving ethos we want to instill deeply in the courts of this state.” 

He added that New York has a higher incarceration rate per capita than other countries, including Russia and many democratic nations.

The address comes after the death of Robert Brooks, 43, who was incarcerated at Marcy Correctional Facility, where he was brutally beaten by multiple officers in December while in handcuffs. The fatal beating of Brooks, who was serving a 12-year prison sentence for assault, has bolstered support for sentencing reform among progressives.

New York State Department of Corrections and Community Supervision Commissioner Daniel Martuscello, who has denounced the actions taken by the prison officials, repeated his condemnation at Wilson’s address. 

“The actions of those staff members are repugnant and do not represent our values as an agency,” Martuscello said. “I’ve always said that individuals go to prison as punishment, not for punishment, and I will not normalize violence within our facilities.”   

Wilson also shared the podium at the ornate home of the judiciary with several formerly and currently incarcerated New Yorkers, who addressed how access to education and other rehabilitation opportunities in prison helped them lead better lives.     

Tami Eldrige, 51, who has been incarcerated for the past 25 years for murder, spoke about her tumultuous early life, including experiencing physical abuse, homelessness, and the death of her younger brother, who she said was raped and murdered. 

More than a decade into her prison sentence, Eldrige said she decided to stop “getting into trouble” by pursuing her education, which she saw as the first step to making her “a role model worthy of her daughters’ love.” 

In 2023, she earned a bachelor’s degree from Marymount Manhattan College and last year earned a master’s degree from the New York Theological Seminary. Now pursuing her second master’s degree, Eldrige said she’s most proud of being an inspiration to other incarcerated people who want to pursue an education and lead a better life.     

“I know that I might never leave,” she said about her prison stay. “Although my body is not free, my soul is free, for I am choosing my own way in a place where I was sent to die. I choose to do things to try to repair the harm that I have caused.”

J.T. Stone is a senior studying journalism at the University at Albany. He previously interned with WAMC Northeast Public Radio and Spotlight News covering New York’s capital region.