Bill Text: NY S00560 | 2017-2018 | General Assembly | Introduced

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Bill Title: Authorizes the employment of state and local work release inmates by not-for-profit organizations and public service projects; provides that inmates and prisoners may refuse to participate in employment by a not-for-profit organization when such employment is contrary to his or her religious or ideological beliefs.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2017-03-20 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00560 Detail]

Download: New_York-2017-S00560-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           560
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by Sens. YOUNG, GALLIVAN, LARKIN, MARCHIONE, O'MARA, RANZEN-
          HOFER -- read twice and  ordered  printed,  and  when  printed  to  be
          committed to the Committee on Crime Victims, Crime and Correction
        AN  ACT  to amend the correction law, in relation to authorizing employ-
          ment by not-for-profit organizations and public service projects under
          the work release program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  3  of  section 851 of the correction law, as
     2  amended by chapter 60 of the  laws  of  1994,  is  amended  to  read  as
     3  follows:
     4    3. "Work release program" means a program under which eligible inmates
     5  may  be  granted the privilege of leaving the premises of an institution
     6  for a period not exceeding fourteen hours in any day for the purpose  of
     7  on-the-job  training  or  employment, including employment by a not-for-
     8  profit organization or a public  service  project,  or  for  any  matter
     9  necessary  to  the  furtherance of any such purposes. No person shall be
    10  released into a work release program unless prior to release such person
    11  has a reasonable assurance of a job training program or  employment.  If
    12  after  release,  such  person ceases to be employed or ceases to partic-
    13  ipate in the training program, the inmate's privilege to participate  in
    14  such  work  release  program may be revoked in accordance with rules and
    15  regulations promulgated by the commissioner.
    16    § 2. Subdivision 3 of section 851 of the correction law, as  added  by
    17  chapter 472 of the laws of 1969, is amended to read as follows:
    18    3. "Work release program" means a program under which eligible inmates
    19  may  be  granted the privilege of leaving the premises of an institution
    20  for the purpose of education, on-the-job training or employment, includ-
    21  ing employment by a not-for-profit  organization  or  a  public  service
    22  project.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05884-01-7
        S. 560                              2
     1    §  3.  The  opening  paragraph  of subdivision 9 of section 855 of the
     2  correction law is designated paragraph (a) and a new  paragraph  (b)  is
     3  added to read as follows:
     4    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
     5  sion, an inmate may refuse to accept  a  program  of  temporary  release
     6  which  is  a work release program that includes employment by a not-for-
     7  profit organization when employment by such organization is contrary  to
     8  the  inmate's religious or ideological beliefs. No such refusal shall be
     9  considered in any determination of such inmate's right to participate or
    10  to continue to participate in a temporary release program.
    11    § 4. The opening paragraph of subdivision 6  of  section  853  of  the
    12  correction  law,  as added by chapter 472 of the laws of 1969, is desig-
    13  nated paragraph (a) and a new paragraph (b) is added to read as follows:
    14    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    15  sion,  an  inmate  may  refuse  to  accept  a work release program which
    16  includes employment by a not-for-profit organization  when  unemployment
    17  by  such  organization is contrary to the inmate's religious or ideolog-
    18  ical beliefs. No such refusal shall be considered in  any  determination
    19  of such inmate's right to participate or to continue to participate in a
    20  work release program.
    21    §  5.  Section  870 of the correction law, as amended by chapter 71 of
    22  the laws of 1976, is amended to read as follows:
    23    § 870. Establishment of program.  The sheriff, upon  approval  of  the
    24  legislative  body  of  the  county, may establish a work release program
    25  pursuant to which prisoners, sentenced to and  confined  in  any  county
    26  jail  under  his  jurisdiction,  may be granted the privilege of leaving
    27  confinement for the purpose of working at gainful employment  (including
    28  employment   by  a  not-for-profit  organization  or  a  public  service
    29  project), participating in a privately or publicly sponsored program  of
    30  vocational  training,  with  or  without  compensation,  or attending an
    31  educational institution. The work release program may also  include  the
    32  release  from  confinement during necessary and reasonable hours for the
    33  purpose of caring for the prisoner's family.
    34    § 6. Section 871 of the correction law is  amended  by  adding  a  new
    35  subdivision (e) to read as follows:
    36    (e)  Notwithstanding  any  other provision of this section, a prisoner
    37  may refuse to accept a work release program which includes employment by
    38  a not-for-profit organization when employment by  such  organization  is
    39  contrary  to  the  prisoner's  religious or ideological beliefs. No such
    40  refusal shall be considered in  any  determination  of  such  prisoner's
    41  right  to  participate  or  to continue to participate in a work release
    42  program.
    43    § 7. This act shall take effect immediately; provided that the  amend-
    44  ments  to  subdivision  3  of section 851 of the correction law, made by
    45  section one of this act, shall not affect the expiration  and  reversion
    46  of such section pursuant to chapter 339 of the laws of 1972, as amended,
    47  and  shall expire therewith, when upon such date section two of this act
    48  shall take effect; and provided, further, that the amendments to section
    49  855 of the correction law, made by section three of this act, shall  not
    50  affect  the expiration and reversion of such section pursuant to chapter
    51  339 of the laws of 1972, as amended, and shall  expire  therewith,  when
    52  upon such date section four of this act shall take effect.