Chaos surrounding the illegal correction officer strike continues to find its way into the state budget conversation and beyond.

One of the primary sponsors of legislation to expand opportunities for incarcerated individuals to earn time off of their sentence is expressing concern over a proposal from Gov. Kathy Hochul that is said to be aligned with efforts to increase staffing in prisons through budget negotiations, as the New York State Correctional Officers & Police Benevolent Association (NYSCOPBA) and the state Department of Corrections and Community Supervision (DOCCS) engage in a public spat over post-strike communication.

Hochul is making a push to include some reforms in her state budget that could address the staffing crisis, including a proposal to drop the age required to be a correction officer from 21 to 18, authorizing the closure of up to five DOCCS facilities, as well as the earned time initiative. A proposal expanding earned time was included in the executive budget.

Assemblymember Anna Kelles told Spectrum News 1 she supports the governor taking on expanding earned time, but she has significant concerns about the form the proposal has taken as it was pitched to state lawmakers this week.

“As it has been presented, I don’t support it because it does not take advantage of what earned time can give to the communities if you don’t make it enough of an incentive, if you don’t maximize the benefit of improved safety within the prisons and reduce recidivism when people come out,” she said.

Kelles emphasized that the proposal she saw is watered down from the Earned Time Act, and would give DOCCS discretion over whether time is credited or not, and would give the department the option to revoke earned time while limiting eligibility to only a portion of the population.

Her proposal ensures that all time credits vest over time and are permanent, while ensuring the program is available to all incarcerated individuals regardless of what they are convicted for.

“If you have people who you have given a sentence that will allow them to reenter society guaranteed by the sentence they have regardless of what the sentence is, wouldn’t you want to have those people rehabilitated and transform their lives the most we possibly can before they reenter society?” She asked.

DOCCS Commissioner Dan Martuscello backs the governor’s proposal, because he says it gives him the power to make the process of opening up earned time opportunities more efficient.

“Leaving it to only a finite number of programs as we continue to add progressive programs and to then need legislation for them to qualify didn’t make sense, so I think the governor’s proposal is one I wholeheartedly support and we’ll see where it goes in this budget process,” he said earlier this week.

It is positioned alongside the proposal to lower the age to be a correction officer from 21 to 18 as leaders negotiate criminal justice issues. 

Assembly Speaker Carl Heastie said it’s likely the initiatives will make the final package in some form.

“She’s just trying to do what she can to get as many people as she can, so she gave us a proposal, we talked about it in conference, we gave some commentary and so we are trying to figure out a way to work with the governor on this,” he said.

Kelles, meanwhile, has reservations about addressing the staffing crisis in the budget both because conversations are taking place behind closed doors, and because she is concerned the crisis could be used as leverage on other issues like changes to discovery laws and involuntary commitment standards.

It comes as tensions between DOCCS and NYSCOPBA reignited as NYSCOPBA put out a statement Friday afternoon slamming the state’s decision to begin releasing what is expected to be less than 700 individuals who are nearing the end of their sentences as part of an effort to address the staffing crisis exacerbated by the firing of 2000 COs who refused to return after the strike. The union criticized the directive as a threat to public safety.

NYSCOPBA is now is calling for an urgent meeting with DOCCS to address the move as well as a range of problems, including staffing shortages, workplace conditions, the implementation of 12-hour shifts, scheduled regular days off (RDOs), vacation periods and other issues.

“The early release of inmates undermines public safety and sends a troubling message to crime victims who continue to live with the trauma caused by those incarcerated and only highlights DOCCS failure to face the on-going consequences of staffing shortages in our prisons,” a NYSCOPBA news release said.

NYSCOPBA President Chris Summers also insisted that Martuscello is making himself unavailable to address their continued staffing and safety concerns.

“We are deeply disappointed by the Department’s refusal to engage in a productive conversation about these critical issues,” said Summers. "Our members safety and the safety of the communities they serve should be a priority. The ongoing refusal to address these concerns only exacerbates the already dangerous conditions that exist in many of our facilities.”

Martuscello fired back at the union for communicating through the media and for mischaracterizing the situation.

“It’s unclear why NYSCOPBA President Summers believes that the press is the best place to find solutions for his union, as I have spoken to President Summers and various members of the NYSCOPBA Executive Board repeatedly since the illegal job action ended,” Martuscello said. “I have also granted the NYSCOPBA Executive Board access to visit facilities to speak with staff. We will always keep an open dialogue with NYSCOPBA leadership. It’s also important to correct the record: we are not releasing any incarcerated individual early that has committed a violent crime or sex crime.”

He went on to clarify why the meeting Summers referenced did not take place.

“DOCCS continues to diligently conduct the review of individual medical documentation as requested in the MOA, reintegrate individuals who had participated in the illegal strike, and institute many of the changes recommended by NYSCOPBA and its membership. President Summers requested a meeting via email on March 27th to discuss a number of issues including 12-hour shifts, seniority, vacation, temporary rebidding of facilities and re-opening plans. We informed President Summers that the request was premature and that we were following the 12 hour shifts as outlined in the MOA, including providing 2 RDO’s,” he said.”

Hochul’s office also got involved directly, with a spokesperson telling Spectrum News 1 that NYSCOPBA is throwing fuel on what they describe as false claims.

“It’s unfortunate that NYSCOPBA’s leadership and certain politicians are continuing to spread fear and disinformation about the ongoing staffing crisis in our correctional facilities — a crisis that got worse after 2,000 former employees turned their backs on NYSCOPBA, broke the law and refused to show up to work,” Deputy Press Secretary Jess D'Amelia said. “Here are the facts: under no circumstances will DOCCS release anyone convicted of a violent crime or a sex crime. Instead, a small number of non-violent criminals will be released a few weeks early to maintain safety and stability within our correctional facilities. Our Administration recognizes the service and sacrifice Corrections Officers make to keep our prisons safe, and we will continue to work in good faith to recruit new COs and make our correctional facilities safer.”