New York prison guard union wants urgent meeting with DOCCS on over staffing, early release

ALBANY, N.Y. (NEXSTAR) — On Friday, the New York State Correctional Officers and Police Benevolent Association—the union for correction officers at state-run prisons—asked for an urgent meeting with the New York State Department of Corrections and Community Supervision, the agency that runs those prisons and oversees inmates. It's the latest in the fallout from the 22-day strike, and NYSCOPBA wants to address problems like low staffing levels and unsafe work conditions.

The union also expressed concerns over plans to free thousands of people who are incarcerated up to 110 days early. DOCCS Commissioner Daniel Martuscello confirmed the plan, which detractors say will worsen public safety.

NYSCOPBA said the problems include 12‑hour shifts, irregular scheduled days off, and reduced vacation periods. They said that, since January 2023, staffing levels have dropped by over 2,000 officers through attrition and a failure to recruit. The union also noted that Governor Kathy Hochul's decision to fire 2,000 officers during the unsanctioned strike severely worsened the understaffing problem that caused the strike.

The union pointed to longstanding issues in New York’s correctional system. NYSCOPBA leaders have warned that the early release of inmates and the dismissal of criminal cases under 2019 pretrial discovery laws have let too many criminals walk free.

“We are deeply disappointed by the Department’s refusal to engage in a productive conversation about these critical issues," said NYSCOPBA President Chris Summers. "Our members safety and the safety of the communities they serve should be a priority.”

NYSCOPBA also wants fired officers to be reinstated.

According to the union, the issues affecting correctional officers demand lasting solutions rather than temporary fixes. They said the law Martuscello used to justify the early releases—Section 73 of New York State Correction Law—was meant to address overcrowding, not understaffing.

In response to NYSCOPBA's public call for a meeting, Martuscello sent a lengthy statement saying in part: "It’s unclear why NYSCOPBA President Summers believes that the press is the best place to find solutions for his union, as I have spoken to President Summers and various members of the NYSCOPBA Executive Board repeatedly since the illegal job action ended. I have also granted the NYSCOPBA Executive Board access to visit facilities to speak with staff. We will always keep an open dialogue with NYSCOPBA leadership. It’s also important to correct the record: we are not releasing any incarcerated individual early that has committed a violent crime or sex crime."

Martuscello's full response is available to read at the bottom of this story. The DOCCS Commissioner has said the law gave him the flexibility to adjust in crisis situations like this when announcing that inmates who met strict criteria would be transferred to residential treatment status. It said only prisoners with 15 to 110 days remaining on their sentence and an approved residence—not a shelter or social services placement—qualify.

Hochul and DOCCS deemed the 22-day strike an illegal violation of the Taylor Law. The union never endorsed the strike, which came after growing concerns over understaffing, mandatory overtime, contraband, dangerous prisoners, and difficulties managing the HALT Act restrictions introduced in 2022.

After several talks between union leaders, DOCCS, and the governor’s office, officials still refused a proper meeting with NYSCOPBA, according to the union. A departmental memo ordered facility superintendents to work with local union representatives on the issues, which union leaders said was a slap in the face.

Check out the full response from Martuscello:

It’s unclear why NYSCOPBA President Summers believes that the press is the best place to find solutions for his union, as I have spoken to President Summers and various members of the NYSCOPBA Executive Board repeatedly since the illegal job action ended. I have also granted the NYSCOPBA Executive Board access to visit facilities to speak with staff. We will always keep an open dialogue with NYSCOPBA leadership. It’s also important to correct the record: we are not releasing any incarcerated individual early that has committed a violent crime or sex crime. 

DOCCS continues to diligently conduct the review of individual medical documentation as requested in the MOA, reintegrate individuals who had participated in the illegal strike, and institute many of the changes recommended by NYSCOPBA and its membership. President Summers requested a meeting via email on March 27 to discuss a number of issues, including 12-hour shifts, seniority, vacation, temporary rebidding of facilities, and re-opening plans. We informed President Summers that the request was premature and that we were following the 12-hour shifts as outlined in the MOA, including providing two RDOs.

As NYSCOPBA is aware, both short-term changes, many reflected in the March 8 MOA between DOCCS and NYSCOPBA, and changes implemented since the end of the strike have been focused on the safety and security of staff. This includes the procurement of legal mail scanners, which will begin to be deployed on April 11, 2025; engaging an independent analyst to conduct staffing plan reviews, which began this week; holding the initial HALT Committee Review meeting; maintaining the 2.5 times overtime for all employees regardless of the date they returned to work; maintaining the HALT programming suspension for 90 days; and continuing the operational support by the National Guard, all information shared with the union in real time.

Beyond these steps, we have also begun implementation of a long-term vision for DOCCS around three key pillars—Recover, Recruit, and Rebuild—with a focus squarely on solutions to many of the strike-related safety issues raised by line staff. NYSCOPBA’s leadership fails to acknowledge the significant actions that have been put in motion already since the end of the illegal job action, all of which are focused on the safety of the workforce. Not only do they fail to recognize the progress being made, but they miss the fact that real change takes time and effort and is in no way advanced by angry press statements during a crisis. None of this is going to happen overnight, and I am committed to long-term solutions that will create impactful change in the lives of our officers.

As we did during COVID, the Department is utilizing Correction Law Section 73 in order to balance the staffing crisis and overall public safety without undermining the safety of either group. While this provision of law provides the commissioner broad discretion, the department has crafted a very targeted approach that will release individuals that are non-violent, not involved in sex crimes, and already have an approved date of release from the Parole Board, Time Allowance Committee, or will reach the maximum expiration of their sentence over the course of the next 90 days. The early release of a limited number of non-violent incarcerated individuals, all of whom have met specific and narrow criteria for release, has no negative impact on either the staff or the communities. This was communicated to NYSCOPBA before the issuance of the March 31, 2025 memo.

We are committed to a long-term, solution-based approach to solving significant staff and safety concerns. We are also committed to working closely with NYSCOPBA and incorporating their concerns and ideas into our long-term solutions. However, demanding a meeting during an ongoing emergency is not the path forward nor a good faith reflection of the work that is underway.

Related video below on Legal Aid report showing the strike’s toll on prisoners: