New York Democrats Proposes Rule to Make Parole Easier for Juvenile Offenders

The New York State Department of Corrections and Community Supervision has unveiled a proposed regulation that could reshape how parole decisions are made for young offenders. The rule would instruct the Board of Parole to “give great weight” to factors commonly linked with youth-related crime, such as immaturity, abusive or unstable home environments, and the still-developing adolescent brain.

The plan has drawn immediate criticism from Republicans in Albany who argue it shifts the system toward leniency for offenders instead of focusing on protecting communities. Concerns about crime and punishment have dominated state and local campaigns in recent years, fueled both by an increase in crime during the pandemic and by changes to bail and trial procedures championed by Democratic lawmakers.

“Now is not the time to adopt a policy which seeks to negate criminal culpability for violent offenders who have already demonstrated a willingness to endanger their communities and inflict serious harm on others,” said state Sen. Rob Rolison, a Republican from Poughkeepsie, in a letter opposing the measure. “The Parole Board must instead prioritize public safety and ensure that dangerous violent criminals, regardless of age, are not released back into the community.”

Parole Board Chair Darryl Towns declined to comment on the proposal. The corrections department defended it, writing that the change would make parole decisions for juvenile lifers “clearer and more transparent.”

By law, parole can be granted only if there is a “reasonable probability” that the person will remain law-abiding once released and if their release is not “incompatible with the welfare of society” or likely to diminish respect for the law. Current regulations already instruct the board to account for “diminished culpability of youth” as well as evidence of “growth and maturity since the time of the commitment offense.”

The department also noted that the proposed reform is connected to ongoing litigation. In 2019, U.S. District Court Judge Vincent Briccetti found New York’s existing parole system for juvenile lifers unconstitutional, ruling that it violated the Eighth Amendment’s ban on cruel and unusual punishment.

Issa Kohler-Hausmann, a Yale Law School professor and one of the attorneys in the federal lawsuit, argued that parole reviews must reflect the unique circumstances of youth.

“The job of the board of parole is not to take a second bite at the sentencing apple,” she said. “The entire point is that you're supposed to evaluate the parole criteria through the lens of, and in light of the fact that, they were a child. They're not two separate things.”

Attorney Avery Gilbert, who also works on the case, said she believes the rule should apply not only to juveniles but also to crimes committed by people in their late teens and early twenties since research shows that brain development continues well beyond age 18.

Democrats in Albany see the proposal as a step toward broader reform. State Sen. Julia Salazar of Brooklyn, who sponsors a bill that would overhaul parole by requiring the release of all incarcerated people unless “there is a current and unreasonable risk the individual will violate the law,” welcomed the department’s move.

“The state of brain development, childhood trauma, and adverse childhood experiences all significantly impact children’s decision-making skills and should absolutely be taken into great consideration when it comes to granting parole,” said Salazar, who chairs the Senate’s committee on crime victims, crime and corrections.

New York Democrats Proposes Rule to Make Parole Easier for Juvenile Offenders