Most probationers who will be rearrested do so during the first 6-12 months on supervision, limiting the value of the much longer supervision terms required by NY’s current statutes.
NY State Probation Incarceration Study
In 2012, New York's deputy secretary for public safety requested a review of the state's probation and alternative to incarceration system. This document presents the results of that study.
February 2013 | The Council of State Governments Justice Center and the New York Division of Criminal Justice Services
New York has a strong probation and ATI system.
- Between 2002 and 2011, the percentage of adults on probation who were rearrested declined 31 percent.
- New York has a robust community of ATIs, who have largely been successful in reaching and treating clients with a high risk of recidivism.
New York state and counties spend $280 million each year to supervise 117,000 probationers. When probationers fail on supervision, New York state and counties spend approximately $100 million on jail and prison costs.
- More than one out of every six (17 percent) adults admitted to prison committed a crime or a condition violation while under probation supervision.
- Approximately 6,100 probationers were resentenced to jail in 2011 because they committed a new crime or violated conditions of probation while under supervision.
- In New York City, 80 percent of probationers successfully completed probation; probationers in the rest of the state had a 65 percent success rate.
New York statutes require probationers to be supervised longer than many other states:
- Felony probation terms are fixed at 5 years in New York.
- Other states typically give judges discretion to set terms between 2-5 years.
- Misdemeanor probation terms are fixed at 3 years in most cases, 1 year in others.
- Other states set terms of 6 months to 24 months.
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