Close loophole that allows violent felons early release
A lingering anomaly in state law is making some of the most violent criminals— murderers, kidnappers, arsonists and repeat child sexual offenders—eligible for parole far earlier than either the Legislature or the sentencing court intended. We need to act decisively to close this loophole that makes some of the worst offenders eligible for early release and puts our communities at risk.
A current Monroe County case, People v. Stanley Washington, is a chilling illustration of this loophole. After his conviction for beating a woman with a hammer and forcing her to perform a sex act, Washington served 14 years of his 8x-to-25-year sentence. While on parole, he murdered another Rochester woman. The judge imposed the maximum sentence, 25 years to life, and told Washington that he wanted him to serve every day of that sentence. However, because the judge did not state on the record that the sentence was to be served consecutively to his prior sentence, Washington was credited with time-served on his prior crime. As a result, he came up for parole after serving only 11 years.
Gov. David Paterson has submitted a bill to the Legislature for today’s special session to specifically require that offenders who commit A-I felonies while on parole be sentenced to a term consecutive to, and not concurrent with, any uncompleted sentence on another charge. I implore the Legislature to enact the governor’s simple and common-sense remedy, and correct this injustice.
Denise E. O’Donnell
Deputy Secretary for Public Safety New York State Division of Criminal Justice Services
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