PHOTO: Striking officers and supporters outside of Elmira Correctional Facility, 2/28/25.

ALBANY, NY (WENY) -- The New York State Corrections Officers and Police Benevolent Association (NYSCOPBA) is calling for a meeting with the state Department of Corrections and Community Supervision, to address what the union says are serious issues affecting corrections officers.

The call for the meeting comes just weeks after a 22 day wildcat strike by about 13,000 corrections officers came to an end at prison facilities statewide, including Elmira, after an agreement was reached between the state, DOCCS, and corrections officers. Approximately 10,000 officers returned to work; the strike also resulted in some 2,000 corrections officers being terminated.

NYSCOPBA said including staffing shortages, workplace conditions, 12-hour shifts, rescheduled regular days off, and vacation issues have reached a "critical point" following the strike. During the strike, officers on the picket line said conditions inside the prison facilities, in addition to restrictions in place due to New York State's HALT Act, were dangerous for both officers and inmates. Additionally, staffing levels have dropped by about 2,000 personnel in recent years, due to attrition, and retention and recruitment issues, according to the union.

The union also says an announcement by DOCCS Commissioner Daniel Martuscello this week is compounding the workplace issues. According to the memo, non-violent inmates could be released up to 110 days prior to their earliest release date.

The memo states that incarcerated individuals who would be eligible for the early release would have convictions for minor crimes, and already set for release with an approved plan, and under parole supervision. It would not apply to those with violent felonies or sex crimes. In the memo, the DOCCS commissioner cites the current staffing crisis as reason for the potential early release.

"In view of the current staffing crisis, and in order to have the appropriate balance between the safety and well-being of those working and residing in DOCCS Correctional Facilities and public safety, it is appropriate that I, as Commissioner, exercise my authority pursuant to Correction Law Section 73, to move individuals from the Department's general confinement facilities, into Residential Treatment outcount status," Martuscello's memo stated.

Critics of the plan, including several state lawmakers, say the early release of these inmates prior to the completion of their sentence will make communities unsafe.

Union leaders say that the urgent concerns regarding dangerous working conditions that were discussed and negotiated during the wildcat strike have been "largely ignored" by the state since the work stoppage came to an end.

"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. The ongoing refusal to address these concerns only exacerbates the already dangerous conditions that exist in many of our facilities.”

The union says it will continue to fight for the 2,000 terminated officers who be reinstated immediately.

WENY News reached out to NYS DOCCS for a copy of the memo, receiving it along with the following statement from Commissioner Martuscello in response to NYSCOPBA:

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 27th 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 2 RDO’s.

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. 

The memo can be read below: