Bill Text: NY A10763 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for programs, supports and services for individuals being released from state and local correctional facilities to ensure that such persons receive mental health and substance use disorder services, educational needs and job readiness services and housing assistance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-09 - referred to correction [A10763 Detail]
Download: New_York-2019-A10763-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10763 IN ASSEMBLY July 9, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hevesi) -- read once and referred to the Committee on Correction AN ACT to amend the social services law, the correction law and the public housing law, in relation to programs, supports and services for individuals being released from state and local correctional facili- ties; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 158 of the social services law, as 2 amended by section 44 of part B of chapter 436 of the laws of 1997, is 3 amended to read as follows: 4 4. (a) Social services officials shall determine eligibility for safe- 5 ty net assistance within forty-five days of receiving an application for 6 safety net assistance. Such officials shall notify applicants of safety 7 net assistance about the availability of assistance to meet emergency 8 circumstances or to prevent eviction. 9 (b) When a local social services district is identified as the 10 district of residence for an individual being released from a state or 11 local correctional facility, such district shall accept an application 12 for safety net assistance forty-five days prior to such individual's 13 earliest expected release date. 14 § 2. Subparagraph (iv) of paragraph (a) of subdivision 1 of section 15 209 of the social services law, as amended by section 4 of part E of 16 chapter 57 of the laws of 2012, is amended to read as follows: 17 (iv) is a resident of the state and is either a citizen of the United 18 States or is not an alien who is or would be ineligible for federal 19 supplemental security income benefits solely by reason of alien status. 20 Provided however, an individual incarcerated in a state or local correc- 21 tional facility, with the intention of residing in the state of New York 22 upon their release, shall be eligible to apply for state supplemental 23 payments at least ninety days prior to their earliest expected release 24 date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16789-01-0A. 10763 2 1 § 3. Subdivision 2 of section 112 of the correction law, as amended by 2 section 19 of subpart A of part C of chapter 62 of the laws of 2011, is 3 amended to read as follows: 4 2. The commissioner shall have the management and control of persons 5 released on community supervision and of all matters relating to such 6 persons' effective reentry into the community, as well as all contracts 7 and fiscal concerns thereof. The commissioner shall have the power and 8 it shall be his or her duty to inquire into all matters connected with 9 said community supervision. The commissioner shall make such rules and 10 regulations, not in conflict with the statutes of this state, for the 11 governance of the officers and other employees of the department 12 assigned to said community supervision, and in regard to the duties to 13 be performed by them, as he or she deems proper and shall cause such 14 rules and regulations to be furnished to each employee assigned to 15 perform community supervision. The commissioner shall also prescribe a 16 system of accounts and records to be kept, which shall be uniform. The 17 commissioner shall also make rules and regulations for a record of 18 photographs and other means of identifying each inmate released to 19 community supervision. The commissioner shall appoint officers and other 20 employees of the department who are assigned to perform community super- 21 vision. Each incarcerated individual shall be eligible to apply for 22 safety net assistance, supplemental security income and state supple- 23 mental payments prior to their earliest expected release date in accord- 24 ance with section one hundred fifty-eight of the social services law, 42 25 USC § 1383 and section two hundred nine of the social services law, 26 respectively. The department shall provide assistance in completing and 27 filing such applications and may contract with not-for-profit providers 28 with experience assisting individuals during the application and appeals 29 processes of such benefits to provide incarcerated individuals with 30 assistance completing applications for such benefits. 31 § 4. The correction law is amended by adding a new section 500-q to 32 read as follows: 33 § 500-q. Reentry services. Each incarcerated individual shall be 34 eligible to apply for safety net assistance, supplemental security 35 income and state supplemental payments prior to their earliest expected 36 release date in accordance with section one hundred fifty-eight of the 37 social services law, 42 USC § 1383 and section two hundred nine of the 38 social services law, respectively. The chief administrative officer or 39 other person in charge of a local correctional facility shall provide 40 assistance in completing and filing such applications and may contract 41 with not-for-profit providers with experience assisting individuals 42 during the application and appeals processes for such benefits to 43 provide incarcerated individuals with assistance in completing applica- 44 tions for such benefits. 45 § 5. The public housing law is amended by adding a new section 223-c 46 to read as follows: 47 § 223-c. Housing policies regarding persons with criminal records. All 48 authorities shall create policies regarding the eligibility of persons 49 with criminal convictions that conform with Title 42, § 13661 of the 50 United States Code and any relevant guidance developed by the Office of 51 Public and Indian Housing of the United States Department of Housing and 52 Urban Development. Such policy shall: (a) not contain a one-strike rule 53 unless required by federal law or regulation; (b) prohibit the use of 54 arrest records when making a housing decision; (c) only use criminal 55 records in housing decisions if required by federal law or regulation; 56 and (d) provide for admission or reintegration of all persons with crim-A. 10763 3 1 inal records unless such admission or reintegration was prohibited by 2 another state or federal law, or if the public housing authority deter- 3 mines with particularity that the person would adversely affect the 4 health, safety, or right to peaceful enjoyment of the premises by other 5 residents, the owner, or public housing agency employees. If an authori- 6 ty already has such policy, it shall be amended to meet the requirements 7 of this section. For the purposes of this section, a "housing decision" 8 shall include any decision regarding admission, eviction, access to 9 assistance, or termination of assistance. Nothing in this section shall 10 be construed to require an authority to admit, provide assistance, or 11 not evict a person with a criminal conviction if the authority deter- 12 mines with particularity that the person would adversely affect the 13 health, safety, or right to peaceful enjoyment of the premises by other 14 residents, the owner, or public housing agency employees. 15 § 6. The correction law is amended by adding a new section 71-b to 16 read as follows: 17 § 71-b. Reintegration pilot program. 1. The department, in collab- 18 oration with the office of temporary and disability assistance, the 19 office of mental health and the office of addiction services and 20 supports shall establish and conduct a five year reintegration pilot 21 program to help ensure incarcerated individuals within the correctional 22 facilities receive the supports and services necessary to meaningfully 23 prepare for their release while still incarcerated, assist individuals 24 to reintegrate into the community upon release and reduce recidivism. 25 Such pilot program shall be conducted in three correctional facilities, 26 one female and two male facilities, selected by the department, taking 27 into consideration adequate geographic distribution within the state as 28 well as availability of sufficient links to supports and services 29 required by this section. For purposes of this pilot program, there 30 shall be at least one hundred incarcerated individuals who on a volun- 31 tary basis request placement in the pilot program. Upon admission to the 32 program, each incarcerated individual shall receive an in-depth screen- 33 ing and assessment to determine their specific needs as relating to, 34 including but not limited to, mental health and substance use disorder 35 services, educational needs and job readiness. In addition to an 36 in-depth screening and assessment, participants in the pilot program 37 shall also be linked with not-for-profit organizations and peer to peer 38 engagement opportunities to assist with the individual's reintegration 39 planning. This shall occur no less than ninety days prior to their 40 expected release date and shall consist of, but not be limited to, 41 assistance applying for public benefits, referrals and links to mental 42 health and/or substance use disorder service providers if applicable, 43 connections to employment opportunities as well as job training programs 44 if appropriate, assistance finding available stable housing options to 45 be available upon release and general supports and services that may be 46 helpful for an individual reintegrating back into the community. 47 2. Upon release from the correctional facility, individuals will 48 continue to receive supports and services, as needed, for an additional 49 six months, to ensure the individual's successful reintegration into the 50 community. Such services shall include, but not be limited to, connect- 51 ing individuals to health and behavioral health services, as appropri- 52 ate, assistance ensuring compliance with any parole or court mandated 53 activities, connections to employment opportunities based on their 54 skills identified while incarcerated and assistance acquiring stable 55 affordable housing. The collaborating agencies shall contract with not-A. 10763 4 1 for-profit providers to effectuate the requirements specified in this 2 section. 3 3. The commissioner, in consultation with appropriate community organ- 4 izations, shall submit within one year of the effective date of this 5 section, and annually thereafter, a report to the governor, the tempo- 6 rary president of the senate and the speaker of the assembly on the 7 effectiveness of this pilot program. Such reports shall include an anal- 8 ysis of the outcomes of the pilot program and recommendations for 9 continued efforts to meaningfully prepare incarcerated individuals for 10 their release while still incarcerated, assist individuals to reinte- 11 grate into the community upon release and reduce recidivism. Such infor- 12 mation provided in the report shall include, but not be limited to, 13 information on the types of convictions of incarcerated individuals 14 participating in the pilot program; the specific types of services that 15 were provided while incarcerated as well as upon release; the outcomes 16 and effectiveness, to the extent it is known, of such services provided; 17 whether participants in the pilot program were able to find stable 18 affordable housing and/or employment during their participation in the 19 pilot program and any barriers that may have contributed to their 20 inability to find housing and/or employment; and any other information 21 or factors that were identified that may have created barriers to an 22 individual's reintegration once released and the additional services 23 that may alleviate those barriers. 24 4. No person shall have the right to demand or require participation 25 in the pilot program authorized by this section. 26 5. Nothing in this section shall be construed to authorize the depart- 27 ment to hold an incarcerated individual in confinement beyond their 28 earliest release date. 29 § 7. This act shall take effect on the one hundred eightieth day after 30 it shall have become a law and shall expire and be deemed repealed six 31 years after such effective date.