NOW - NEW YORK STATE SUPPORT MEMO
S.5124-A (Volker) and A.8024-A (Weinstein) |
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This much needed legislation will grant merit time eligibility and increased merit time allowances to inmates who have defended themselves against abusers or who have committed crimes as a result of the abuse they have suffered.
Merit time legislation, if signed into law, will allow the Dept. of Correctional Services to grant early release to inmates, who complete certain activities, such as obtaining a GED or acquiring an alcohol and substance abuse treatment or vocational trade certificate will allow inmates an early release. Presently, inmates convicted of a violent crime, including those who defend themselves against abuse are not eligible for merit time.
Eligibility does not necessarily guarantee that they will be granted merit time. Incarcerated survivors would have to earn merit time by participating in programs. Decisions about whether to grant merit time to survivors would be made (as they are now) on a case-by-case basis at the discretion of the DOCS’ Commissioner.
This legislation is particularly important to women and their families. Case study shows that women who are charged with the death of a mate have the least extensive criminal records of any people convicted. However, they face higher penalties than men who kill their mates. FBI statistics show that fewer men are charged with first or second degree murder for killing a woman they have known than are women who kill a man they have known., and women are frequently sentenced to longer prison terms than are men. (Angela Browne, When Battered Women Kill. New York, NY: The Free Press, 1987, p11)
The long sentences that women serves raises questions as to the fairness of our criminal justice system. It is important to note that women who testified before the Committee on Domestic Violence and Incarcerated Women averaged sentences of 15 years. (Battered Women and Criminal Justice: The Unjust Treatment of Battered Women in a System Controlled by Men. A report of the Committee on Domestic violence and Incarcerated Women, June 1987, pp-3-4)
90% of all perpetrators of family violence are never prosecuted, and 1/3 of the cases that would be considered felonies, if committed by stranger are filed as misdemeanors (a lesser crime).
If all occurring domestic violence were reported to the police by women, 1/3 of the incidents would be classified as felony rapes, robberies, or aggravated assaults and the remaining 2/3 would be classified as simple assaults (National Institute of Justice, U.S. Dept. of Justice 1990)
One out of every 4 men will use violence against a partner at some time in their relationship. (Violent No More, Michael Paymar, 1993, Hunter House)
Society has come to understand the abuse that incarcerated women have had to endure in their lives. Women who are incarcerated because they have defended themselves against abusive individuals are no threat to society, have no criminal record and no history of violence. S.5124-A./A.8024-A will give women who have been victimized twice (once by the abuser and once by the criminal justice system) a chance to return to their communities to live a productive lives.
On behalf of over 40,000 supporters and members, NOW New York State, Inc., urges the NYS Legislature to pass S.5124-A/A.8024-A.
Marcia A. Pappas, President, NOW-NYS, Inc.
Lori Gardner, Executive VP
Barbara Kirkpatrick, Legislative Vice President
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