New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.62 - Executive order no. 62: [establishing an executive advisory committee on sentencing.]

Current through Register Vol. 46, No. 28, July 10, 2024
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.
I. Powers and
				  responsibilities:
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.
II. Membership:
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.
III. Personnel:
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