Bill Text: NY A00657 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to commencing a study on the relationship between the corrections system and the child welfare system.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced) 2024-01-03 - referred to correction [A00657 Detail]

Download: New_York-2023-A00657-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           657

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by M. of A. GIBBS -- read once and referred to the Committee
          on Correction

        AN ACT to amend the correction law, in relation to commencing a study on
          the relationship between the corrections system and the child  welfare
          system

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

     1    Section 1. The correction law is amended by adding a new section 30 to
     2  read as follows:
     3    § 30. Incarcerated individual study. 1. The commissioner shall conduct
     4  a comprehensive study on  incarcerated  individuals'  prior  involvement
     5  with child welfare and juvenile systems, including but not limited to:
     6    (a)  previous placement in out-of-home care, specifying type of place-
     7  ment: foster care, kinship foster  care,  secure  detention  facilities,
     8  non-secure  detention  facilities, group homes or other authorized agen-
     9  cies or facilities operated or licensed by the office  of  children  and
    10  family services;
    11    (b) the approximate length of such period of placement;
    12    (c)  the  age  of  the  incarcerated  individual during such period of
    13  placement;
    14    (d) the ethnic background of the incarcerated individual; and
    15    (e) the incarcerated individual's gender.
    16    2. As part of the study the  commissioner  shall  conduct  surveys  on
    17  current incarcerated individuals in state, county, and municipal correc-
    18  tional  facilities.    The  survey  shall be based on a random sample or
    19  other scientifically appropriate sample of not less than ten percent  of
    20  all state, county, and municipal correctional facilities.
    21    3.  The  commissioner  shall ensure the confidentiality of each survey
    22  participant by using self-administered questionnaires and other  similar
    23  survey methods, which will ensure the respondent's anonymity.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01941-01-3

        A. 657                              2

     1    4. An incarcerated individual shall be deemed to have given his or her
     2  informed  consent only if he or she is informed in writing of the poten-
     3  tial risks and benefits of the study.
     4    5.  The  commissioner  shall make a written report on the relationship
     5  between the corrections system and  the  child  welfare  system  to  the
     6  governor,  temporary president of the senate and speaker of the assembly
     7  of its findings, conclusions and recommendations on or before June thir-
     8  tieth of the year next succeeding the year  in  which  this  subdivision
     9  shall take effect.
    10    §  2.  This  act shall take effect on the ninetieth day after it shall
    11  have become a law.
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