Bill Text: NY S02750 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes a reentry services and treatment fund; establishes training requirements for peace officers related to mental illness and trauma informed care.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO FINANCE [S02750 Detail]

Download: New_York-2023-S02750-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2750

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 24, 2023
                                       ___________

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance

        AN ACT to amend the state finance law and the criminal procedure law, in
          relation to establishing a reentry services and  treatment  fund;  and
          making an appropriation therefor

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The state finance law is amended by adding  a  new  section
     2  92-kk to read as follows:
     3    §  92-kk.  Reentry  services  and  treatment  fund. 1. There is hereby
     4  established in the joint  custody  of  the  state  comptroller  and  the
     5  commissioner  of  taxation and finance a special fund to be known as the
     6  "reentry services and treatment fund" for the purposes of funding volun-
     7  tary services and treatment in the community for New Yorkers  reentering
     8  the community after a period of incarceration.
     9    2.  The several amounts specified in this section for reentry services
    10  and treatment, or so much thereof as shall be sufficient  to  accomplish
    11  the  purposes  designated by the appropriations, are hereby appropriated
    12  and authorized to be paid as hereinafter  provided,  to  the  respective
    13  public officers and for the several purposes specified.
    14    3. Money allocated to the reentry services and treatment fund shall be
    15  kept  separate  and  shall not be commingled with any other funds in the
    16  custody of the state comptroller.
    17    4. Money expended from this fund shall be used to supplement  and  not
    18  supplant or replace any other funds, including federal or state funding,
    19  which would otherwise have been expended for reentry services and treat-
    20  ment.  Provided  further,  general  operating  funds or baseline funding
    21  shall not be reduced due to monies expended from the fund.
    22    5. This fund shall consist of monies appropriated by  the  legislature
    23  to be spent on eligible expenditures as defined herein.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05724-01-3

        S. 2750                             2

     1    6.  Funding  shall  be  distributed  regionally and to ensure adequate
     2  geographic disbursement across the state. In addition  to  programs  and
     3  services  overseen by the division of criminal justice services, funding
     4  may also be expended on programs and services overseen by the department
     5  of  health,  the  office  of  mental health, the division of housing and
     6  community renewal, the office of addiction services  and  supports,  the
     7  office  of temporary and disability assistance, or any other agency that
     8  may oversee an appropriate program or  service  that  is  considered  an
     9  eligible  expenditure  as provided under this section. Funding decisions
    10  shall include an emphasis on supporting programs  that  are  culturally,
    11  linguistically  and  gender  competent,  trauma-informed, evidence-based
    12  and, where appropriate, employ individuals with lived experience as part
    13  of the services provided. Agencies, offices, and programs receiving such
    14  funding shall collaborate at the regional  level  to  identify  gaps  of
    15  service and develop a comprehensive continuum of services to support the
    16  reentry  and  treatment  needs  of  individuals reentering the community
    17  after a period of incarceration.
    18    7. On or before November first of the year after the  initial  deposit
    19  of  monies  in  the  reentry  services  and treatment fund, the relevant
    20  commissioners shall provide a written report to the governor,  temporary
    21  president  of  the  senate, speaker of the assembly, chair of the senate
    22  finance committee, chair of the assembly ways and means committee, chair
    23  of the senate alcoholism and substance abuse committee and chair of  the
    24  assembly  alcoholism  and  drug  abuse  committee.  Such report shall be
    25  presented as a consolidated dashboard and be made publicly available  on
    26  the respective offices' websites. The report shall include the following
    27  information:
    28    (i) the baseline funding for any entity that receives funding from the
    29  reentry  services  and  treatment  fund,  prior  to  the receipt of such
    30  reentry services and treatment funds;
    31    (ii) how funds deposited in the reentry services  and  treatment  fund
    32  had  been  utilized  in  the  preceding calendar year, including but not
    33  limited to:
    34    (A) the amount of money disbursed from the fund and the award  process
    35  used for such disbursement, if applicable;
    36    (B)  the  names and total number of recipients, the amounts awarded to
    37  each recipient and details about the purpose  such  funds  were  awarded
    38  for,  including  what specific services and programs the funds were used
    39  on and what populations such  services  or  programs  served,  including
    40  information  on  specific  services or programs aimed to serve women and
    41  families impacted by incarceration;
    42    (C) the main criteria utilized to determine the award,  including  how
    43  the program or service assists to reduce recidivism of individuals reen-
    44  tering the community after a period of incarceration;
    45    (D)  an  analysis of the effectiveness of the services and/or programs
    46  that received reentry services and treatment funding in their efforts to
    47  increase stability and reduce recidivism of individuals  reentering  the
    48  community  after  a period of incarceration. Such analysis shall utilize
    49  evidence-based uniform metrics when reviewing the  effects  the  service
    50  and/or  program  had on enhancing stability and supports for individuals
    51  served by the service and/or program, preventing further criminal  legal
    52  system involvement, and advancing treatment and recovery for individuals
    53  with associated needs;
    54    (E)  any  relevant  information  provided by the New York subdivisions
    55  pursuant to this section; and

        S. 2750                             3

     1    (F) any other information the commissioners  deem  necessary  for  the
     2  legislature to determine appropriate future awards and ensure such fund-
     3  ing is not being used to supplant local, state, or federal funding.
     4    § 2. Section 2.30 of the criminal procedure law is amended by adding a
     5  new subdivision 7 to read as follows:
     6    7.  (a) The commissioner of criminal justice services, in consultation
     7  with the commissioner of health, shall ensure that  training  for  peace
     8  officers who work in the criminal legal system are provided at least ten
     9  hours of training annually related to mental illness and trauma informed
    10  care pursuant to section 7.23 of the mental hygiene law. Trauma training
    11  pursuant  to  this  section  will  be offered as an additive part of the
    12  required training for all such peace officers, and no other part of  the
    13  training will be reduced. Such training shall include, but not be limit-
    14  ed to:
    15    (i)  programs  and  activities related to mental health, including any
    16  information on applicable mental health  diversion  programs  and  proc-
    17  esses;
    18    (ii)  trauma  informed  care,  intervention  and  practices, including
    19  gender-informed care and best practices on making an arrest when a child
    20  is present;
    21    (iii) adverse childhood experiences  and  social  emotional  learning,
    22  including  the  impact  of  parental  incarceration on children and best
    23  practices for facilitating familial connection to an incarcerated  care-
    24  giver;
    25    (iv) behavioral health disorders;
    26    (v)  best  practices  for  improving the overall criminal legal system
    27  environment;
    28    (vi) safe de-escalation of crisis situations;
    29    (vii) identifying signs and symptoms, including early stages of mental
    30  illness and behavioral health issues; and
    31    (viii) the use of evidence-based training programs including, but  not
    32  limited to, mental health first aid or core elements of such programs to
    33  the extent practicable.
    34    (b)  In addition to other programs and services, the state comptroller
    35  and the commissioner of taxation and finance shall ensure that a  suffi-
    36  cient  portion  of  the  moneys appropriated to the reentry services and
    37  treatment fund, established under section  ninety-two-kk  of  the  state
    38  finance  law,  is allocated to provide the required training pursuant to
    39  this section.
    40    § 3. The sum of five hundred million  dollars  ($500,000,000),  or  so
    41  much  thereof as may be necessary, is hereby appropriated to the depart-
    42  ment of taxation and finance from any moneys in the  state  treasury  in
    43  the  general  fund  to  the credit of the reentry services and treatment
    44  fund not otherwise appropriated for the purposes  of  carrying  out  the
    45  provisions  of  this  act.    Such sum shall be payable on the audit and
    46  warrant of the state comptroller on vouchers certified  or  approved  by
    47  the  commissioner of taxation and finance, or his duly designated repre-
    48  sentative in the manner provided by law.
    49    § 4. This act shall take effect immediately.
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