Bill Text: NY A05355 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides inmates the opportunity to obtain a general equivalency diploma; instructs the department of corrections to ensure that academic education programs provide the appropriate curriculum and certified academic staff for GED instruction.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-01-20 - print number 5355a [A05355 Detail]

Download: New_York-2011-A05355-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5355
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 16, 2011
                                      ___________
       Introduced  by  M. of A. AUBRY, COLTON -- Multi-Sponsored by -- M. of A.
         McENENY -- read once and referred to the Committee on Correction
       AN ACT to amend the correction law, in  relation  to  providing  inmates
         with the opportunity to obtain a general equivalency diploma
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 136 of the correction law, as amended by chapter 98
    2  of the laws of 2007, is amended to read as follows:
    3    S 136. Correctional education. 1. The objective of correctional educa-
    4  tion in its broadest sense should be the socialization  of  the  inmates
    5  through  varied  impressional and expressional activities, with emphasis
    6  on individual inmate needs. The objective of this program shall  be  the
    7  return of these inmates to society with a more wholesome attitude toward
    8  living,  with  a desire to conduct themselves as good citizens, and with
    9  the skill and knowledge which will give  them  a  reasonable  chance  to
   10  maintain  themselves  and their dependents through honest labor. To this
   11  end each inmate shall be given a program  of  education  which,  on  the
   12  basis  of  available  data,  seems most likely to further the process of
   13  socialization and rehabilitation. Provided that,  the  commissioner,  in
   14  consultation with the commissioner of education, shall develop a curric-
   15  ula for and require provision of an education program to all inmates, on
   16  a  periodic  basis,  on  the  consequences and prevention of shaken baby
   17  syndrome which may include the viewing of a video presentation  thereon.
   18  The  time  daily  devoted to such education shall be such as is required
   19  for meeting the above objectives. The director of education, subject  to
   20  the  direction  of  the  commissioner  and  after  consultation with the
   21  commissioner of education, shall develop the curricula and the education
   22  programs that are required to meet the special needs of each correction-
   23  al facility in the department. The commissioner of education, in [co-op-
   24  eration] COOPERATION with the commissioner and the  director  of  educa-
   25  tion, shall set up the educational requirements for the certification of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01524-01-1
       A. 5355                             2
    1  teachers  in all such correctional facilities. Such educational require-
    2  ments shall be sufficiently broad and comprehensive to include  training
    3  in  penology, sociology, psychology, philosophy, in the special subjects
    4  to  be  taught,  and  in any other professional courses as may be deemed
    5  necessary by the responsible officers, and shall include training relat-
    6  ing to the consequences and prevention of shaken baby syndrome which may
    7  include the viewing of a video presentation thereon. No certificates for
    8  teaching service in the state institutions  shall  be  issued  unless  a
    9  minimum  of  four  years  of  training  beyond  the high school has been
   10  secured, or an acceptable  equivalent.  Existing  requirements  for  the
   11  certification  of  teachers  in the institutions shall continue in force
   12  until changed pursuant to the provisions of this section.
   13    2. ALL INMATES ADMITTED TO THE DEPARTMENT SERVING A  DETERMINATE  TERM
   14  OF IMPRISONMENT, OR AN INDETERMINATE SENTENCE OF IMPRISONMENT OTHER THAN
   15  A  SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE, WHO HAVE BEEN EVALUATED
   16  UPON ADMISSION PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED  THIR-
   17  TY-SEVEN OF THIS ARTICLE AND ARE DETERMINED TO BE CAPABLE OF SUCCESSFUL-
   18  LY COMPLETING THE ACADEMIC COURSE WORK REQUIRED FOR A GENERAL EQUIVALEN-
   19  CY  DIPLOMA,  SHALL  BE  PROVIDED  WITH THE OPPORTUNITY TO COMPLETE SUCH
   20  COURSE WORK AT LEAST TWO MONTHS PRIOR TO THE DATE ON WHICH  SUCH  INMATE
   21  MAY  BE PAROLED, CONDITIONALLY RELEASED, RELEASED TO POST RELEASE SUPER-
   22  VISION PURSUANT TO SECTION 70.40 OF  THE  PENAL  LAW,  OR  PRESUMPTIVELY
   23  RELEASED,  PURSUANT TO SECTION EIGHT HUNDRED THREE OF THIS CHAPTER. UPON
   24  ADMISSION TO THE DEPARTMENT, SUCH INMATES WILL BE PROVIDED WITH  WRITTEN
   25  NOTICE  THAT  GENERAL EQUIVALENCY PROGRAMS ARE AVAILABLE FOR ALL INMATES
   26  WHO SO APPLY.
   27    3. THE DEPARTMENT SHALL ENSURE THAT ACADEMIC EDUCATION PROGRAMS  WHICH
   28  PROVIDE  THE  APPROPRIATE  CURRICULUM  AND  CERTIFIED ACADEMIC STAFF FOR
   29  GENERAL EQUIVALENCY DIPLOMA INSTRUCTION ARE AVAILABLE AT ALL CORRECTION-
   30  AL FACILITIES HOUSING INMATES WHO ARE ELIGIBLE AS SPECIFIED IN  SUBDIVI-
   31  SION  TWO  OF THIS SECTION.  THE DEPARTMENT SHALL PROVIDE ACADEMIC STAFF
   32  WHO ARE QUALIFIED TO PROVIDE SUCH INSTRUCTION AND WHO ARE MEMBERS OF THE
   33  COMPETITIVE CLASS OF THE CIVIL SERVICE OF NEW YORK STATE. THE DEPARTMENT
   34  SHALL PROVIDE SUFFICIENT  STAFF  AT  EACH  CORRECTIONAL  FACILITY  WHERE
   35  ELIGIBLE  INMATES  ARE  CONFINED  TO  ENSURE A CLASSROOM RATIO OF TWENTY
   36  INMATES FOR EACH GENERAL EQUIVALENCY DIPLOMA INSTRUCTOR.  THE DEPARTMENT
   37  SHALL DEVELOP A PLAN  FOR  IMPLEMENTATION  OF  THE  GENERAL  EQUIVALENCY
   38  DIPLOMA  REQUIREMENT  WHICH  SHALL BE PRESENTED TO THE ASSEMBLY STANDING
   39  COMMITTEE ON CORRECTION AND  THE  SENATE  STANDING  COMMITTEE  ON  CRIME
   40  VICTIMS,  CRIME  AND  CORRECTION  ON OR BEFORE APRIL FIRST, TWO THOUSAND
   41  THIRTEEN.
   42    S 2. This act shall take effect three years after it shall have become
   43  a law; provided, however,  that  effective  immediately,  the  addition,
   44  amendment  and/or  repeal  of  any  rule or regulation necessary for the
   45  implementation of this act on its  effective  date  are  authorized  and
   46  directed to be made and completed on or before such effective date.