N.Y. Comp. Codes R. & Regs. tit. 9 § 3.62
The most effective and desirable utilization of the concepts of imprisonment, probation and parole, as means of achieving the objectives of the criminal justice system, is the subject of widespread controversy today. Criminal sanctions must be designed to insure public safety and deter others who would commit similar offenses. They must also, insofar as possible, seek the rehabilitation of those offenders who will benefit from help in reconstructing their lives. They must be fair--fair to the accused, fair to the victims of crime and fair to the public at large.
How these objectives can best be achieved by the proper use of imprisonment, probation and parole may be the most important question in penology today. At the center of the controversy is the question whether indeterminate sentences, such as those provided for under the New York Penal Law, are preferable to a system of definite sentencing, or whether some option between the two approaches should lie with the sentencing judge. Several states have recently moved in the direction of substituting definite sentences for pre-existing systems based on the indeterminate approach.
Whether our existing sentencing laws are best suited to achieve the goals of our criminal justice system, or should be modified or even drastically changed, is a difficult and complex question requiring wise and careful professional study. Such a study must assess the effect of any proposed change on all components of the criminal justice system, including the police, corrections, the courts and all other stages of the criminal justice process, as well as on the public at large.
Now, therefore, I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the laws of the State of New York, do hereby establish an executive advisory committee, to be known as the Executive Advisory Committee on Sentencing.
The Executive Advisory Committee on Sentencing shall:
Evaluate the effectiveness of the existing laws relating to imprisonment, probation and parole in achieving appropriate sentencing goals, including protection of the public, rehabilitation of offenders and fairness to the offender, the victim and the public at large.
Study and evaluate proposals to improve the effectiveness of laws relating to imprisonment, probation and parole, and analyze the impact of such proposals on the various elements of the criminal justice system and on the public at large.
Submit to the Governor such interim reports as the chairman deems appropriate and a final report setting forth the committee's recommendations for legislative and administrative changes, if any, to increase the effectiveness of the State's sentencing laws. The committee's final report shall outline the work of the committee and include any statistical and factual data gathered by the committee.
Review and evaluate proposed criminal justice legislation which may be submitted to the committee by the Governor.
The members of the Executive Advisory Committee on Sentencing shall be appointed by the Governor, who shall designate the chairman. The members of the committee shall receive no compensation but shall be entitled to reimbursement for any necessary expenses incurred in connection with the performance of their duties.
The chairman may employ such staff and assistants as he may deem necessary at a compensation to be fixed by him within the amount of the appropriation therefor and subject to the approval of the Division of the Budget. Wherever possible, the committee shall make use of existing staff and resources in the various State agencies, which are hereby directed to render full cooperation and assistance to the committee.
Signed: Hugh L. CareyDated: December 8, 1977
N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.62