Less Is More
Less Is More: A Synopsis
In June 2021, the passage of parole reform, known as “Less Is More,” sought to further the original mission of releasing convicts early to reduce prison populations and reintegrate them into society with supervision. It was the fourth major criminal justice reform in New York State in three years -- following bail, discovery, and “Raise The Age” initiatives. It changed parts of New York State Executive Law and Penal Law.
“Less Is More” parole reform,
Effective March 2022, aims to release convicts earlier than ever before and reintegrate them into society to further reduce prison populations.
The legislation:
- Limited/shortened length of reincarceration for non-criminal "technical violations" like missing a parole officer appointment, being out after curfew, or testing positive for drugs or alcohol
- Established a "presumption of release" for parole violators, limiting detention to those who abscond or are deemed at risk of absconding by a judge
- Raised the level of proof required at parole revocation hearings and sped up case processing
- Doubled credit for good behavior, known as “30-for-30,” enabling earlier release
- Moved revocation hearings to courtrooms and required legal representation for Parolees at every stage of proceedings
Less Is More was intended to be a second chance for convicts.
With conditions that promote good behavior, like checking in with an officer, getting a job, attending counseling, not using drugs or alcohol, and not associating with other criminals. Overseen by the New York State Department of Corrections and Community Supervision (DOCCS), Less Is More is to Parolees breaking rules what bail reform is to criminals released on appearance tickets who commit more crimes. Parolees who re-offend benefit from both.
Less Is More tells Parolees it's okay to violate their parole requirements.
By the lack of any real consequences, some Parolees commit more serious violations and crimes, creating more victims, re-victimizing others, and increasing the load on an already over-burdened system.
Less Is More: An Editorial
Responsible parents and teachers tell us that having no consequences for bad behavior encourages more bad behavior.
As kids, we exploited this, but then we grew up. Bad behavior is always a conscious choice.
People CHOOSE to break rules. Less Is More legislation deals with the parole system, and Parolees who demonstrated that, as evidenced by a criminal conviction.
New York State lawmakers CHOSE to pass “Less Is More” legislation in 2021. They chose to remove consequences for Parolees who commit “technical” or “minor” violations of the conditions of supervised release from prison. Albany chose to take the burden off convicts and place it squarely on the backs of crime victims and communities.
Less Is More burdened an already overwhelmed justice system – from cops on the street to judges, prosecutors, and public defenders in the courtroom, from parole officers with already heavy caseloads to county jails. Lawmakers heaped the cost of community supervision of state prisoners to localities with greater tax burdens and more crime.
Turns out, Less Is More actually IS more. More costly to everyone.
Less Is More to a Parolee skirting the rules is what Bail Reform is to the criminal released on an appearance ticket back on the street committing crimes. Parolees who re-offend benefit from both reforms.
Less Is More eliminated incarceration for the most common “technical violations”: missing curfew, using alcohol or drugs, failing to disclose employment status change, failing to pay court fees, driving, and failing to report police contact. It established a “30-for-30” deal where Parolees are given double “good time” credit for every month of good behavior. The reality? Even Parolees in violation receive the credit. Victims are not notified when an offender’s sentence is reduced by 30 for 30.
Even when a parole officer can prove more serious “technical violations,” Less Is More favors the Parolee by providing an attorney, time, and freedom to build a defense (even when accused of more crimes). Matters must be heard by judges in preliminary, final, and recognizance hearings instead of simple parole hearings, requiring hiring more court personnel.
Less Is More limits incarceration -- from no jail time for first and second offenses – to 30 days for five or more times caught violating. IF incarcerated, offenders don’t go back to state prison; county jails must house them.
Parole is supposed to be the on-ramp back into a community for a Parolee. Society provides this opportunity for an offender to demonstrate they can successfully navigate basic norms of behavior. But when lawmakers tell Parolees it's okay to repeatedly violate minor requirements of community supervision, of course, they escalate to more serious violations and crimes.
Less Is More means more criminality and economic burdens on communities. It is more ill-advised criminal justice reform that disregards crime victims and victimizes everyone by favoring offenders over law-abiding citizens.
WHY WE CARE
“When people convicted of crimes are granted parole and continue serving their sentence outside prison walls, they must be compelled to follow simple terms and rules of their parole. If there are no real consequences for breaking basic rules, it should come as no surprise when Parolees go on to commit crimes and create more victims.”
Dr. Johnny Harris
SENIOR PASTOR, PROVISION FULL GOSPEL
“Many of the reforms to our justice system share a common theme: no accountability for negative actions. Without leverage to encourage positive reintegration into society for those convicted of crimes, we will continue to see lawlessness and increased victimization of our community's innocent law-abiding neighbors.”
Cheryl Robinson
BEECHWOOD NEIGHBORHOOD
People CHOOSE
to break rules.
Less Is More: Additional Information
Less Is More was intended to be a second chance for convicts by providing them with positive reinforcement to comply with the terms and conditions of their release. It aimed to provide guided reintegration into society for those still serving their debt to society, ultimately, reducing prison populations.
Definitions
Research
- The Manhattan Institute: Is Less Always More?
- New York State Division of Criminal Justice Services data indicate criminal justice reforms have reduced the number of “technical" parole violators in county jails. Numbers have declined since 2018, with the largest reduction happening between 2021 and 2022, when average daily populations dropped 67 percent.
WHY WE CARE
“Negative behavior must be addressed with swift consequences, especially for those convicted of crimes and granted the privilege of serving their debt to society in our communities. Without motivation to obey basic rules and laws, those we attempt to mentor toward a positive way of life do not thrive, and communities are victimized.”
Legislator Mercedes Vazquez Simmons
VICE PRESIDENT, MONROE COUNTY LEGISLATURE
