Ninety-one Rikers Island detainees jailed on parole violations have been denied in-person court hearings required by a new state law, defense lawyers say.
New York’s new “Less is More” law, which took effect Tuesday, requires people jailed on parole violations to have a hearing within 24 hours of their arrest.
But the state has refused to hold the hearings, and the Legal Aid Society says the state corrections and court officials haven’t even set up procedures to transport the inmates to court.
Gov. Hochul signed the “Less is More” law Sept. 17, and the state was supposed to be ready by Tuesday to adjust to the changes.
But state Department of Corrections and Community Supervision officials have taken the position that the hearings won’t start until courtroom space is “reasonably available.”
People detained before Wednesday won’t get hearings, Legal Aid lawyers said.
“Less is More” was aimed at parolees jailed for non-criminal violations of their parole conditions, such as failing to attend a meeting with their parole officers or failing to report that they’ve moved to a new address.
Under the new law, Legal Aid says, the 91 inmates can only be held if the state convinces a judge jail is necessary to make sure they show up for future court hearings in their criminal cases.
Legal Aid has filed papers in Bronx Supreme Court seeking the release of the 91 Rikers detainees.
If state correction officers are “unwilling to afford our clients this due process, as clearly expressed by the law, then this litigation is the only remedy to protect our clients and their newly enshrined rights,” said Lorraine McEvilley, director of the society’s Revocation Defense Unit.
The state Corrections and Community Supervision Department declined comment on the Legal Aid society’s case.
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