Prison reform law signed by governor as final trial is underway for the death of Robert Brooks ...Middle East

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GREECE, N.Y. — The final trial related to the death of Robert Brooks began Monday. Brooks, a Greece resident, was killed inside Marcy Prison a year ago. The father and son of Brooks expressed gratitude to Gov. Kathy Hochul for signing a prison reform law before Christmas. They urged further changes to restore humanity within prisons.

Brooks died after being manhandled by guards two Christmases ago. For context, four guards have already been imprisoned for manslaughter, while one is serving time for murder.

“When I first walked into this thing I didn’t think it was going to happen,” said Robert Ricks, Brooks’ father. “So I know today the ability does exist to change this wretched system,” Ricks said.

He was serving a 12-year sentence for assault and had completed seven years. His death prompted New York to pass a law adding more prison cameras, releasing video of inmate deaths, releasing autopsy reports, and making it easier for inmates to sue. Now, there are additional demands for reform.

“Our demands are going to include, as Rosemary mentioned, more humane conditions for everyone inside,” said Sen. Julia Salazar, chair of the Committee on Crime Victims, Crime and Correction.

“More policies are needed so my dad will not die in vain and for her son to not die in vain as well,” said Robert Brooks Jr., son of Robert Brooks.

At one point, the mother of an inmate who died walked up to the mic, she was consoled by the father and son of Robert Brooks. “She said no one feels her pain. I don’t fault her for saying that at all. Because when I was going through mine, I felt the exact same way,” Brooks’ son said.

There are about 33,000 inmates in New York, half of what it was 25 years ago. Gov. Hochul is set to deliver her State of the State address tomorrow, where she may discuss the reforms pushed by the Brooks family.

Salazar, who ran hearings on Brooks’ death last May, released a report Monday stating that the New York prison system is plagued by violence, racism, poor conditions, and lack of accountability. The report lists 13 bills for potential passage.

Bill proposals

“Built on Brutality”

The report concludes that violence, racism, poor conditions, and lack of accountability are systemic in New York’s jails and prisons, and recommends legislative and policy reforms, including full implementation of the HALT Solitary Confinement Law and expanded community-based alternatives to incarceration.

Key recommendations include passing legislation to expand release pathways, uphold incarcerated individuals’ rights, and increase accountability and oversight of DOCCS staff and facilities.

Earned Time ActThe Earned Time Act aims to increase sentence reduction incentives for incarcerated individuals who participate in beneficial programs, with the goal of improving rehabilitation and public safety.Second Look ActThe Second Look Act would allow incarcerated individuals in New York with sentences of ten years or more to petition a judge for sentence reductions based on post-sentencing information, aiming to address overly harsh sentencing practices.Marvin Mayfield ActThe Marvin Mayfield Act proposes eliminating mandatory minimum sentences in New York, aiming to restore judicial discretion and reduce the prevalence of plea deals driven by prosecutorial leverage.Fair and Timely ParoleThe Fair and Timely Parole bill would require the Parole Board to release eligible individuals unless there is clear evidence of an unreasonable and unmitigable risk, aiming to recognize rehabilitation, improve fairness, and reduce costs in New York State.Elder ParoleThe Elder Parole Bill proposes giving parole interviews to incarcerated individuals aged 55 or older who have served at least 15 years, aiming to address the growing population of elderly prisoners in New York.Rights Behind BarsThe Rights Behind Bars bill seeks to strengthen and clarify the rights and protections of incarcerated people and their families in New York, aligning them with international human rights standards, and addressing gaps and non-compliance in current correctional practices.CARE ActThe Compassion and Reproductive Equity (CARE) Act establishes comprehensive human rights-based policies for incarcerated pregnant or postpartum individuals and their children in New York State correctional facilities, ensuring prenatal care and the right for children to remain with their parent for up to 24 months under certain conditions.Protect In-Person VisitsThe bill mandates that in-person visitation rights for incarcerated individuals be protected, ensuring video visits do not replace face-to-face visits, and requires visits to be available during evenings and weekends.DOCCS Discipline BillThe bill proposes transferring final authority over discipline of DOCCS staff for serious misconduct from outside arbitrators to the DOCCS Commissioner.Office of the Correctional Ombudsperson BillThe bill proposes establishing the Office of the Correctional Ombudsperson to provide independent oversight of State and local jails, enhancing accountability and support beyond existing oversight mechanisms.Sexual Assault Reporting BillA new bill mandates the NYS Office of the Inspector General to investigate sexual assault complaints in DOCCS facilities, ensuring anonymous reporting to protect individuals from retaliation.Healthcare Anti-Torture BillThe bill seeks to prohibit health professionals from participating in or being complicit in the torture of incarcerated individuals, establishes mechanisms for refusing such orders, and promotes accountability and ethical care in correctional settings.End Qualified Immunity BillThe bill proposes ending qualified immunity for law enforcement officers in New York State, removing protections that have shielded officers from civil liability for misconduct.

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