LAS Attys/ Offices: William Gibney, (CDP/SLU)
Other Counsel: None
Date Filed: 2/10/04
Class Action: Settled prior to ruling on class action application.
Nature of Claims: This action brought against The New York City Department of Correction (DOC), the New York City Police Department, the New York State Office of Mental Health, and the New York State Office of Mental Retardation and Developmental Disabilities. The action sought to correct a problem that has been present for years, the undercrediting of jail time (credit for pre-sentence incarceration counted against the sentence) for mentally ill inmates sentenced to serve time in either DOC’s own city facilities or State prison. This undercounting can result in prisoners being held beyond when there sentences should end, as well as later parole eligibility and conditional release dates. The problem is the result of poor communication between DOC, which is responsible for keeping track of and certifying jail time, and the other agencies, as well as internal problems in DOC’s own record keeping.
The case was settled in February 2005 and a monitoring period followed full implementation of the agreed upon system changes.
Next Action Planned: We continue to monitor for problems with pre-sentence jail time.