Bill Text: NY S08064 | 2021-2022 | 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 2-0)
Status: (Introduced - Dead) 2022-01-24 - REFERRED TO SOCIAL SERVICES [S08064 Detail]
Download: New_York-2021-S08064-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8064 IN SENATE January 24, 2022 ___________ Introduced by Sen. CLEARE -- 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 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 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 section 4 of part E of 22 chapter 57 of the laws of 2012, is amended to read as follows: 23 (iv) is a resident of the state and is either a citizen of the United 24 States or is not an alien who is or would be ineligible for federal 25 supplemental security income benefits solely by reason of alien status. 26 Provided however, an individual incarcerated in a state or local correc- 27 tional facility, with the intention of residing in the state of New York EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05052-04-2S. 8064 2 1 upon their release, shall be eligible to apply for state supplemental 2 payments at least six months prior to their earliest expected release 3 date. In the event the individual is not granted parole, his or her 4 application will be placed on hold status to be re-activated and given a 5 priority rank once such individual is granted parole and an official 6 release date is known. This special status will be defined by process 7 completion of the application by the respective district office within 8 thirty days of receiving the official release date. 9 § 3. Subdivision 2 of section 112 of the correction law, as amended by 10 chapter 322 of the laws of 2021, is amended to read as follows: 11 2. The commissioner shall have the management and control of persons 12 released on community supervision and of all matters relating to such 13 persons' effective reentry into the community, as well as all contracts 14 and fiscal concerns thereof. The commissioner shall have the power and 15 it shall be his or her duty to inquire into all matters connected with 16 said community supervision. The commissioner shall make such rules and 17 regulations, not in conflict with the statutes of this state, for the 18 governance of the officers and other employees of the department 19 assigned to said community supervision, and in regard to the duties to 20 be performed by them, as he or she deems proper and shall cause such 21 rules and regulations to be furnished to each employee assigned to 22 perform community supervision. The commissioner shall also prescribe a 23 system of accounts and records to be kept, which shall be uniform. The 24 commissioner shall also make rules and regulations for a record of 25 photographs and other means of identifying each incarcerated individual 26 released to community supervision. The commissioner shall appoint offi- 27 cers and other employees of the department who are assigned to perform 28 community supervision. Each incarcerated individual will be eligible to 29 apply for safety net assistance, supplemental security income and state 30 supplemental payments prior to their earliest expected release date in 31 accordance with section one hundred fifty-eight of the social services 32 law, 42 USC § 1383 and section two hundred nine of the social services 33 law, respectively. The department shall provide assistance in completing 34 and filing such applications and may contract with not-for-profit 35 providers with experience assisting individuals during the application 36 and appeals processes of such benefits to provide incarcerated individ- 37 uals with assistance completing applications for such benefits. 38 § 4. The correction law is amended by adding a new section 500-q to 39 read as follows: 40 § 500-q. Re-entry services. Each incarcerated individual will be 41 eligible to apply for re-entry services, which must include, but are not 42 limited to safety net assistance, supplemental security income and state 43 supplemental payments prior to their earliest expected release date in 44 accordance with section one hundred fifty-eight of the social services 45 law, 42 USC § 1383 and section two hundred nine of the social services 46 law, respectively. The offender rehabilitation coordinator or other 47 person in charge of re-entry services at a local correctional facility 48 will provide assistance in completing and filing such applications and 49 may contract with not-for-profit providers with experience assisting 50 individuals during the application and appeals processes for such bene- 51 fits to provide incarcerated individuals with assistance in completing 52 applications for such benefits. Each correctional facility will be 53 required to report out to the criminal justice committee of the New York 54 state legislature on how they are providing such re-entry services. Such 55 reporting must include metrics on how many people were served and what 56 services were received.S. 8064 3 1 § 5. The correction law is amended by adding a new section 71-b to 2 read as follows: 3 § 71-b. Reintegration pilot program. 1. The department, in collab- 4 oration with the office of temporary and disability assistance, the 5 office of mental health and the office of addiction services and 6 supports shall establish and conduct a five year reintegration pilot 7 program to help ensure incarcerated individuals within the correctional 8 facilities receive the supports and services necessary to meaningfully 9 prepare for their release while still incarcerated, assist individuals 10 to reintegrate into the community upon release and reduce recidivism. 11 Such pilot program shall be conducted in three correctional facilities, 12 one female and two male facilities, selected by the department, taking 13 into consideration adequate geographic distribution within the state as 14 well as availability of sufficient links to supports and services 15 required by this section. For purposes of this pilot program, there 16 shall be at least one hundred incarcerated individuals who on a volun- 17 tary basis request placement in the pilot program up to one year before 18 their earliest expected release date. In the event the individual is not 19 granted parole, his or her application will be placed on hold status to 20 be re-activated and given a priority rank once such individual is grant- 21 ed parole and an official release date is known. This special status 22 will be defined by process completion of the application by the respec- 23 tive district office within thirty days of receiving the official 24 release date. Upon admission to the program, each incarcerated individ- 25 ual shall receive an in-depth screening and assessment to determine 26 their specific needs as relating to, including but not limited to, 27 mental health and substance use disorder services, educational needs and 28 job readiness. In addition to an in-depth screening and assessment, 29 participants in the pilot program shall also be linked with not-for-pro- 30 fit organizations and peer to peer engagement opportunities to assist 31 with the individual's reintegration planning. This shall occur no less 32 than six months prior to their expected release date and shall consist 33 of, but not be limited to, assistance applying for public benefits, 34 referrals and links to mental health and/or substance use disorder 35 service providers if applicable, connections to employment opportunities 36 as well as job training programs if appropriate, assistance finding 37 available stable housing options to be available upon release and gener- 38 al supports and services that may be helpful for an individual reinte- 39 grating back into the community. In the event the individual is not 40 granted parole, his or her application will be placed on hold status to 41 be re-activated and given a priority rank once such individual is grant- 42 ed parole and an official release date is known. This special status 43 will be defined by process completion of the application by the respec- 44 tive district office within thirty days of receiving the official 45 release date. 46 2. Upon release from the correctional facility, individuals will 47 continue to receive supports and services, as needed, for an additional 48 six months, to ensure the individual's successful reintegration into the 49 community. Such services shall include, but not be limited to, connect- 50 ing individuals to health and behavioral health services, as appropri- 51 ate, assistance ensuring compliance with any parole or court mandated 52 activities, connections to employment opportunities based on their 53 skills identified while incarcerated and assistance acquiring stable 54 affordable housing. The collaborating agencies shall contract with not- 55 for-profit providers to effectuate the requirements specified in this 56 section.S. 8064 4 1 3. The commissioner, in consultation with appropriate community organ- 2 izations, shall submit within one year of the effective date of this 3 section, and annually thereafter, a report to the governor, the tempo- 4 rary president of the senate and the speaker of the assembly on the 5 effectiveness of this pilot program. Such reports shall include an anal- 6 ysis of the outcomes of the pilot program and recommendations for 7 continued efforts to meaningfully prepare incarcerated individuals for 8 their release while still incarcerated, assist individuals to reinte- 9 grate into the community upon release and reduce recidivism. Such infor- 10 mation provided in the report shall include, but not be limited to, 11 information on the types of convictions of incarcerated individuals 12 participating in the pilot program; the specific types of services that 13 were provided while incarcerated as well as upon release; the outcomes 14 and effectiveness, to the extent it is known, of such services provided; 15 whether participants in the pilot program were able to find stable 16 affordable housing and/or employment during their participation in the 17 pilot program and any barriers that may have contributed to their 18 inability to find housing and/or employment; and any other information 19 or factors that were identified that may have created barriers to an 20 individual's reintegration once released and the additional services 21 that may alleviate those barriers. 22 4. No person shall have the right to demand or require participation 23 in the pilot program authorized by this section. 24 5. Nothing in this section shall be construed to authorize the depart- 25 ment to hold an incarcerated individual in confinement beyond their 26 earliest release date. 27 § 6. The correction law is amended by adding a new section 11 to read 28 as follows: 29 § 11. Identification card program. 1. The commissioner, in consulta- 30 tion with the commissioner of motor vehicles and the federal bureau of 31 prisons, shall develop a program to provide an identification card to 32 each incarcerated individual upon the release of such individuals from 33 the custody the department or from the custody of the federal bureau of 34 prisons when such individual is a resident of New York state. No fee 35 shall be charged to an incarcerated individual for the original issuance 36 of such identification card. 37 2. As used in this section, "identification card" shall have the same 38 meaning as such term is defined in section four hundred ninety of the 39 vehicle and traffic law. 40 § 7. This act shall take effect on the first of January next succeed- 41 ing the date upon which it shall have become a law. Effective immediate- 42 ly, the addition, amendment and/or repeal of any rule or regulation 43 necessary for the implementation of this act on its effective date are 44 authorized to be made and completed on or before such effective date.
