Advocates push for changes in sentencing laws in New York

The Communities Not Cages campaign, started in 2021, held its advocacy day virtually on March 6. The campaign was started by families, formerly incarcerated people, and advocates, to decarcerate prisons and overhaul New York’s racist and unjust sentencing laws.

According to the Communities Not Cages fact sheet, ‘A Brief History of New York’s Sentencing Laws,’ “Every day, over 30,000 New Yorkers are put in state prisons. Seventy-five percent of them are Black or brown.”(download here: https://www.communitiesnotcagesny.org/resources.)

One of those families involved who spoke at the event was the Peace family. Aatika Peace, a Black woman, shared a part of her husband’s story, and advocated for his release.

“My husband Shawn was sentenced to 110 years in prison when he was only 22. Shawn has transformed since then. He mentors my kids and has helped me heal from some of my trauma as a survivor,” she said.

During the day, the Peace family and other advocates called for three laws to be passed: the Second Look Act (SLA), the Eliminate Mandatory Minimums Act (EMMA), and the Earned Time Act (ETA).

Aatika Peace, wife of Shawn Peace, a black man who is currently incarcerated. She is speaking during the virtual Communities Not Cages event, advocating for her husband’s release. Photo by Milette Millington

The SLA (S.7872/A.8894) will allow judges to review and reconsider excessive sentences, and allow incarcerated people to apply for a resentencing hearing after they have served 10 years or half of their sentence. (cosponsors here: https://www.nysenate.gov/legislation/bills/2021/S7872.)

The EMMA (S. 7871/A. 9166) will eliminate mandatory minimum sentences, including New York’s two- and three-strike laws, allowing judges to consider the individual factors in a case. It would also create a presumption against incarceration, requiring a hearing before any period of incarceration can be imposed and re-orienting the system towards healing and accountability. (cosponsors here:https://www.nysenate.gov/legislation/bills/2021/S7871.)

The ETA (S.7873A/ A.8462B) will strengthen and expand “good time” and “merit time” laws to encourage personal transformation in prison and reunite families. (cosponsors here: https://www.nysenate.gov/legislation/bills/2021/s7873/amendment/a.)

In a letter, Peace’s husband shared why he supports the SLA being passed. “The Second Look Act should be passed because our judges have buried so many men and women with extreme and excessive prison sentences. Men and women who have since been well beyond the point of rehabilitation,” he said.

Activist Gahrey (pronounced Gary) Ovalle, giving opening remarks during the Communities Not Cages event.Photo by Milette Millington

Advocacy groups that took part in the day, in addition to calling for these laws to be passed, also advocated for more funding to be used for things such as education, housing, healthcare and community-based programs.

These groups include the New York Civil Liberties Union (NYCLU), the Center for Community Alternatives (CCA), The Bronx Defenders, the Legal Aid Society (LAS), and the Drug Policy Alliance (DPA).

Those who want to support the campaign and encourage their local lawmakers to support these bills can do so here: https://www.communitiesnotcagesny.org/take-action.

Find your New York State Senator by District here: https://www.nysenate.gov/find-my-senator.

Find your New York State Assemblymember by District here: https://nyassembly.gov/mem/search/.