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Acting DOCCS Commissioner Daniel Martuscello testified at a budget hearing Thursday that the department has 3,800 vacant positions, including 1,900 corrections officers.

The inability to fill those positions isn't the only factor — Martuscello noted the incarcerated population has decreased by nearly 55% over a 25-year period — but he described the staffing woes as "the main impetus" for potentially closing more prisons. 

"We are in a good position with excess capacity," Martuscello said. "We have 6,000 staffed vacant beds and an additional 6,000 beds which we've consolidated to try to alleviate staffing concerns. We can't consolidate any more, so closures is a way forward so we can make sure we use our staff more efficiently as well as provide the services to the population." 

Hochul is asking the state Legislature for the authority to expedite the closure of up to five prisons in the 2024-25 budget. If the language is included in the final spending plan, the governor could close the correctional facilities with 90 days' notice. 

DOCCS has not identified which of the 44 state prisons could be closed. Martuscello did not provide any information during the budget hearing about the correctional facilities eyed for closures. 

The state has closed 24 correctional facilities and eliminated more than 13,000 prison beds since 2011, according to DOCCS. 

Chris Summers, president of the New York State Correctional Officers and Police Benevolent Association, spoke out against the proposed closures during his testimony. He said closing prisons "is not the answer to address staffing shortages." The union expects more employees will resign or retire if the state shuts down correctional facilities. 

"Our current staffing levels are horrible. Attrition rates are at all-time highs, while recruitment is at an all-time low," Summers said. "Members face unprecedented levels of mandatory overtime to fill staffing vacancies. They see the inside of the prisons more than they see their families." 

Prison violence is also contributing to the problem, according to Summers. In 2023, DOCCS reported 1,671 assaults on staff and 2,107 assaults on incarcerated individuals, both records. 

Despite opposition from the correction officers union, the state received support for the prison closure proposal from an independent watchdog. 

The Correctional Association of New York endorsed the budget proposal in its testimony. The  highlights five prisons with the most empty beds, including Great Meadow (943), Auburn (736), Franklin (620), Clinton (614) and Bare Hill (594). 

The organization, which is authorized to provide oversight of state prisons, has observed staffing shortages during monitoring visits to several correctional facilities. One example provided was Sullivan Correctional Facility, where more than half of the medical services positions were vacant. 

"In addition to considering utilization, CANY urges the executive and legislature to prioritize proximity to major population centers when evaluating which prisons to close and to simultaneously invest in strategies for attracting and retaining qualified staff in the remaining facilities," the association said. 

Hochul and state lawmakers are working toward the goal of passing the state budget by April 1 — the start of the 2024-25 fiscal year.