Bill Text: NY S08689 | 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) 2020-07-08 - REFERRED TO RULES [S08689 Detail]

Download: New_York-2019-S08689-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8689

                    IN SENATE

                                      July 8, 2020
                                       ___________

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

        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.
                                                                   LBD16789-01-0

        S. 8689                             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-

        S. 8689                             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-

        S. 8689                             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.
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