Counties see early release of inmates as potential unfunded mandate for country jails

Yahoo

18-04-2025

PLATTSBURGH — County sheriffs in the region have concerns about the cost of housing an increased number of inmates as the state attempts to deal with staffing shortages at state correctional facilities, made worse by a recent 22-day correction officer strike.
The state's planned early release of certain inmates to alleviate a shortage of correction officers poses an essentially 'unfunded mandate' when county jails house formerly incarcerated individuals which violate probation while under state supervision, said Franklin County Sheriff Jay Cook.
Cook and Franklin County Manager Donna Kissane said the state should either reimburse counties for the cost of housing inmates released early which violate probation, or else rethink its early-release plan.
'County jails were never intended to serve as extensions of the state prison system. The current practice effectively shifts the costs of supervision and incarceration from the state to local governments without any accompanying financial support,' Kissane wrote in an April 10 letter to Gov. Kathy Hochul, a copy of which was released to The Press Republican.
NOT ENOUGH
Clinton County Sheriff David Favro said counties do receive $100 per day reimbursement from the state for housing inmates picked up for parole violations or inmates otherwise waiting to be transferred to state correctional facilities, but the payment does not cover the cost and takes a long time to process.
The federal government pays $130 per day, he said.
State Department of Corrections and Community Supervision Daniel Martuscello said that inmates to be released early would have been released soon either way.
'They were going out into the community based on their release date within the next 90 days anyhow. We're just advancing that under Correction Law 73 which I have the authority to do,' he said, in a statement released Tuesday.
'Again, I have broader authority, but we made it very narrowly focused to ensure public safety.'
Cook, in a telephone interview on Monday, said he does know how many inmates will be released early to Franklin County.
'That's part of the problem. No one knows,' he said.
'The point is one is too many if we are not reimbursed.'
In the past, the county has housed one to a few state-supervised inmates which violated parole from time to time, with periods in between when none were housed.
Earlier this month, Martuscello directed that a list be compiled of inmates which could be released early to alleviate correction officer shortages after the recent 22-day correction officer strike.
Those convicted of violent felonies and non-drug-related felonies, Class B-to-E violent felonies, and sex offenses would not be eligible for early release.
To be released early, qualifying inmates must have a department-approved residence to be released to, other than a homeless shelter or Department of Social Services placement.
Martuscello said Tuesday that less than 700 inmates statewide will be released early.
DELAYS
Favro, the Clinton County sheriff, said in a telephone interview on Tuesday that a larger concern is the delay of the state transferring inmates from county jails to state facilities because the state is not able to accept them due to staffing shortages.
It's not just the cost of housing itself, but the uncertainly of staffing levels and ordering of food, which must be estimated in advance, he said.
There is also concern about uncertainty over who will pay for medical treatment as counties house inmates for the state for longer periods of time, said Essex County Sheriff David Reynolds.
'I don't think the state has really addressed that,' he said, in a telephone interview on Tuesday.
Clinton County, as of Tuesday, was housing 26 'state-ready' inmates, because the state could not accept them.
Essex County, as of Tuesday, was housing three 'state-ready' inmates.
'The longer this goes, the more we're going to wind up with,' Reynolds said.
Reynolds said the issues of inmates released early and the delay in transfer of state-ready inmates are equally concerning.
Cook said that in addition to reimbursing counties for the cost of housing probation violators, that the state should be sure it has sufficient staff to supervise inmates release early, before moving forward with the early release plan.
'It is imperative that Governor Hochul reviews the early release of inmates throughout the county and continues supervision. If the state cannot guarantee proper oversight through the Division of Parole, then the release of such individuals should not be granted,' Cook said, in a news release.
'We've taken a very narrowly focused approach to this to make sure we're balancing the staffing crisis with preserving public safety by eliminating certain crimes like A1 and A2 offenses other than non-drug violent felony offenses and any sex offenses are not eligible for this whatsoever," Martuscello said.
"It's really just non-violent felony offenses that are already approved to go out the door within the next 90 days.' Martuscello said.
Kissane said the county recognizes and supports the broader goals of justice reform, including reducing prison populations and supporting successful reentry, 'However such efforts must be accomplished by equitable financial responsibility," she wrote.