Bill Text: NY S00207 | 2023-2024 | 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 3-0)
Status: (Introduced) 2024-01-03 - REFERRED TO SOCIAL SERVICES [S00207 Detail]
Download: New_York-2023-S00207-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 207 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. CLEARE, BRISPORT -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the social services law and the correction law, in relation to programs, supports and services for individuals being released from state and local correctional facilities 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 1 of part U of chapter 56 of the laws of 2022, is 3 amended to read as follows: 4 4. (a) Social services officials shall determine eligibility for safe- 5 ty net assistance within thirty 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 six months prior to such individual's earliest 13 expected release date. In the event the individual is not granted 14 parole, his or her application will be placed on hold status to be 15 re-activated and given a priority rank once such individual is granted 16 parole and an official release date is known. This special status shall 17 be defined by process completion of the application by the respective 18 district office within thirty days of receiving the official release 19 date. 20 § 2. Subparagraph (iv) of paragraph (a) of subdivision 1 of section 21 209 of the social services law, as amended by chapter 669 of the laws of 22 2022, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01195-01-3S. 207 2 1 (iv) is a resident of the state and is either a citizen of the United 2 States or is not a noncitizen who is or would be ineligible for federal 3 supplemental security income benefits solely by reason of noncitizen 4 status. Provided however, an individual incarcerated in a state or local 5 correctional facility, with the intention of residing in the state of 6 New York upon their release, shall be eligible to apply for state 7 supplemental payments at least six months prior to their earliest 8 expected release date. In the event the individual is not granted 9 parole, his or her application will be placed on hold status to be 10 re-activated and given a priority rank once such individual is granted 11 parole and an official release date is known. This special status will 12 be defined by process completion of the application by the respective 13 district office within thirty days of receiving the official release 14 date. 15 § 3. Subdivision 2 of section 112 of the correction law, as amended by 16 chapter 322 of the laws of 2021, is amended to read as follows: 17 2. The commissioner shall have the management and control of persons 18 released on community supervision and of all matters relating to such 19 persons' effective reentry into the community, as well as all contracts 20 and fiscal concerns thereof. The commissioner shall have the power and 21 it shall be his or her duty to inquire into all matters connected with 22 said community supervision. The commissioner shall make such rules and 23 regulations, not in conflict with the statutes of this state, for the 24 governance of the officers and other employees of the department 25 assigned to said community supervision, and in regard to the duties to 26 be performed by them, as he or she deems proper and shall cause such 27 rules and regulations to be furnished to each employee assigned to 28 perform community supervision. The commissioner shall also prescribe a 29 system of accounts and records to be kept, which shall be uniform. The 30 commissioner shall also make rules and regulations for a record of 31 photographs and other means of identifying each incarcerated individual 32 released to community supervision. The commissioner shall appoint offi- 33 cers and other employees of the department who are assigned to perform 34 community supervision. Each incarcerated individual will be eligible to 35 apply for safety net assistance, supplemental security income and state 36 supplemental payments prior to their earliest expected release date in 37 accordance with section one hundred fifty-eight of the social services 38 law, 42 USC § 1383 and section two hundred nine of the social services 39 law, respectively. The department shall provide assistance in completing 40 and filing such applications and may contract with not-for-profit 41 providers with experience assisting individuals during the application 42 and appeals processes of such benefits to provide incarcerated individ- 43 uals with assistance completing applications for such benefits. 44 § 4. The correction law is amended by adding a new section 500-q to 45 read as follows: 46 § 500-q. Re-entry services. Each incarcerated individual will be 47 eligible to apply for re-entry services, which must include, but are not 48 limited to safety net assistance, supplemental security income and state 49 supplemental payments prior to their earliest expected release date in 50 accordance with section one hundred fifty-eight of the social services 51 law, 42 USC § 1383 and section two hundred nine of the social services 52 law, respectively. The offender rehabilitation coordinator or other 53 person in charge of re-entry services at a local correctional facility 54 will provide assistance in completing and filing such applications and 55 may contract with not-for-profit providers with experience assisting 56 individuals during the application and appeals processes for such bene-S. 207 3 1 fits to provide incarcerated individuals with assistance in completing 2 applications for such benefits. Each correctional facility will be 3 required to report out to the criminal justice committee of the New York 4 state legislature on how they are providing such re-entry services. Such 5 reporting must include metrics on how many people were served and what 6 services were received. 7 § 5. The correction law is amended by adding a new section 71-b to 8 read as follows: 9 § 71-b. Reintegration pilot program. 1. The department, in collab- 10 oration with the office of temporary and disability assistance, the 11 office of mental health and the office of addiction services and 12 supports shall establish and conduct a five year reintegration pilot 13 program to help ensure incarcerated individuals within the correctional 14 facilities receive the supports and services necessary to meaningfully 15 prepare for their release while still incarcerated, assist individuals 16 to reintegrate into the community upon release and reduce recidivism. 17 Such pilot program shall be conducted in three correctional facilities, 18 one female and two male facilities, selected by the department, taking 19 into consideration adequate geographic distribution within the state as 20 well as availability of sufficient links to supports and services 21 required by this section. For purposes of this pilot program, there 22 shall be at least one hundred incarcerated individuals who on a volun- 23 tary basis request placement in the pilot program up to one year before 24 their earliest expected release date. In the event the individual is not 25 granted parole, his or her application will be placed on hold status to 26 be re-activated and given a priority rank once such individual is grant- 27 ed parole and an official release date is known. This special status 28 will be defined by process completion of the application by the respec- 29 tive district office within thirty days of receiving the official 30 release date. Upon admission to the program, each incarcerated individ- 31 ual shall receive an in-depth screening and assessment to determine 32 their specific needs as relating to, including but not limited to, 33 mental health and substance use disorder services, educational needs and 34 job readiness. In addition to an in-depth screening and assessment, 35 participants in the pilot program shall also be linked with not-for-pro- 36 fit organizations and peer to peer engagement opportunities to assist 37 with the individual's reintegration planning. This shall occur no less 38 than six months prior to their expected release date and shall consist 39 of, but not be limited to, assistance applying for public benefits, 40 referrals and links to mental health and/or substance use disorder 41 service providers if applicable, connections to employment opportunities 42 as well as job training programs if appropriate, assistance finding 43 available stable housing options to be available upon release and gener- 44 al supports and services that may be helpful for an individual reinte- 45 grating back into the community. In the event the individual is not 46 granted parole, his or her application will be placed on hold status to 47 be re-activated and given a priority rank once such individual is grant- 48 ed parole and an official release date is known. This special status 49 will be defined by process completion of the application by the respec- 50 tive district office within thirty days of receiving the official 51 release date. 52 2. Upon release from the correctional facility, individuals will 53 continue to receive supports and services, as needed, for an additional 54 six months, to ensure the individual's successful reintegration into the 55 community. Such services shall include, but not be limited to, connect- 56 ing individuals to health and behavioral health services, as appropri-S. 207 4 1 ate, assistance ensuring compliance with any parole or court mandated 2 activities, connections to employment opportunities based on their 3 skills identified while incarcerated and assistance acquiring stable 4 affordable housing. The collaborating agencies shall contract with not- 5 for-profit providers to effectuate the requirements specified in this 6 section. 7 3. The commissioner, in consultation with appropriate community organ- 8 izations, shall submit within one year of the effective date of this 9 section, and annually thereafter, a report to the governor, the tempo- 10 rary president of the senate and the speaker of the assembly on the 11 effectiveness of this pilot program. Such reports shall include an anal- 12 ysis of the outcomes of the pilot program and recommendations for 13 continued efforts to meaningfully prepare incarcerated individuals for 14 their release while still incarcerated, assist individuals to reinte- 15 grate into the community upon release and reduce recidivism. Such infor- 16 mation provided in the report shall include, but not be limited to, 17 information on the types of convictions of incarcerated individuals 18 participating in the pilot program; the specific types of services that 19 were provided while incarcerated as well as upon release; the outcomes 20 and effectiveness, to the extent it is known, of such services provided; 21 whether participants in the pilot program were able to find stable 22 affordable housing and/or employment during their participation in the 23 pilot program and any barriers that may have contributed to their 24 inability to find housing and/or employment; and any other information 25 or factors that were identified that may have created barriers to an 26 individual's reintegration once released and the additional services 27 that may alleviate those barriers. 28 4. No person shall have the right to demand or require participation 29 in the pilot program authorized by this section. 30 5. Nothing in this section shall be construed to authorize the depart- 31 ment to hold an incarcerated individual in confinement beyond their 32 earliest release date. 33 § 6. This act shall take effect on the first of January next succeed- 34 ing the date upon which it shall have become a law. Effective immediate- 35 ly, the addition, amendment and/or repeal of any rule or regulation 36 necessary for the implementation of this act on its effective date are 37 authorized to be made and completed on or before such effective date.
