Approximately 700 of the 1100 people in prison who are considered eligible for re-sentencing under Rockefeller reform will return to NYC if granted early release.  But first, much work must be done to ensure that these individuals qualify for early release and have engaged in comprehensive reentry planning. Public Defenders and private lawyers are responsible for filing timely re-sentencing petitions to the courts. We anticipate this process to start in early October.

HOW CAN YOU HELP?
The Need for Mitigation Assessment
A Rockefeller re-sentencing petition is most effective when it includes a sentence mitigation report submitted by a social worker or psychologist. Sentence mitigation is offered to the court as a written and oral narrative of a person’s entire life history. It is a critical piece of the petition that humanizes the client and puts his or her circumstances in the most sympathetic light possible. The most effective mitigation uses a persuasive storytelling approach, highlighting compelling bio psycho-social mitigating factors.

How is Mitigation Conducted?
•    Upstate prison visits- face to face client interviews
•    Phone interviews
•    Analysis of institutional records gathered by the attorney
•    Collateral interviews of family members and respected community members
•    Letters of support; resume; pictures; other supporting visual documents
•    Submission of a written mitigation report by the mental health professional
•    Formal or informal in-court advocacy in tandem with the attorney

The Need for Comprehensive Reentry & Release Planning
During re-sentencing proceedings, judges are interested in seeing a comprehensive reentry plan in consideration of their re-sentencing decision. Reentry planning can be weaved into the mitigation report as a way to highlight a person’s future prospects. Apart from being an effective advocacy tool, comprehensive reentry reduces the likelihood of recidivism.

Key Reentry Issues to Consider
•    Public benefits & Entitlements
•    Housing- Where will the client live upon release?
•    Family Reunification
•    Employment/ Job Readiness
•    Drug Treatment and/ or Harm Reduction
•    Mental Health Counseling and Therapy

* Volunteer Contact: Shreya Mandal, JD, LMSW, Mitigation Specialist,
The Legal Aid Society * Phone: (212) 577-3664* E-mail: SJMandal@legal-aid.org