Kathy Hochul’s Budget Deal Includes Possible Early Release for Violent Offenders

New York Governor Kathy Hochul is backing a proposal to allow certain violent offenders in state prisons to become eligible for early release through a revised merit time program, according to individuals familiar with ongoing state budget negotiations.

As reported by The New York Post, the merit time program currently allows non-violent inmates to reduce their sentences by participating in educational and vocational training.

Hochul’s proposal would expand eligibility to include prisoners convicted of some violent crimes, excluding those found guilty of murder, rape, and other sex offenses.

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Spectrum News first reported earlier this month that the governor was exploring changes to the program as part of broader criminal justice reforms.

Sources close to the matter say that roughly 4,000 inmates have already fulfilled the requirements that would qualify them for potential release under the expanded program.

Progressive lawmakers have advocated for expanding merit-based sentence reductions for years, but several state legislators — including Democrats — have raised serious objections.

“I personally don’t believe we should be expanding these kinds of opportunities to folks who are incarcerated for serious violent offenses,” said state Senator Jim Skoufis of Orange County.

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“I am not in support to allow those convicted of violent felonies to be considered for merit time release,” added Assemblywoman Marianne Buttenschon of Oneida County.

Despite the backlash, supporters argue the measure could help ease staffing shortages in state correctional facilities.

Department of Corrections and Community Supervision (DOCCS) Commissioner Daniel Martuscello stated earlier this month that the prison system is currently short about 4,000 correctional officers.

The shortage follows the dismissal of approximately 2,000 officers who participated in what the administration deemed an illegal strike earlier this year.

Sen. Skoufis noted that the governor’s proposal may be aimed at addressing these workforce challenges. “I think the governor’s motive is more aligned with using this as a tool to address the uneven staffing ratios that exist in a lot of these prisons,” he said.

A spokesperson for Governor Hochul confirmed that the plan under discussion would affect only a small fraction of the incarcerated population.

“Governor Hochul will not allow anyone who demonstrates a public safety threat to be released early from prison. A proposal was discussed that would have granted near term merit time release to approximately 3% of the prison population — only if they have excellent disciplinary records and a plan to live a crime-free life outside DOCCS facilities. Under no circumstances will this Administration grant any special privileges to individuals convicted of murder, rape or other sex offenses.”

The representative further emphasized that individuals convicted of murder, rape, or other sex-related crimes would be explicitly excluded from eligibility.

The proposal is part of a broader $252 billion state budget package currently under negotiation. Lawmakers passed an emergency funding extension on Thursday, with final budget discussions expected to continue into the following week.

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