Bill Text: NY S06493 | 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 4-0)
Status: (Introduced - Dead) 2021-05-03 - REFERRED TO SOCIAL SERVICES [S06493 Detail]
Download: New_York-2021-S06493-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6493 2021-2022 Regular Sessions IN SENATE May 3, 2021 ___________ Introduced by Sen. BENJAMIN -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05052-02-1S. 6493 2 1 supplemental security income benefits solely by reason of alien status. 2 Provided however, an individual incarcerated in a state or local correc- 3 tional facility, with the intention of residing in the state of New York 4 upon their release, shall be eligible to apply for state supplemental 5 payments at least six months prior to their earliest expected release 6 date. In the event the individual is not granted parole, his or her 7 application will be placed on hold status to be re-activated and given a 8 priority rank once such individual is granted parole and an official 9 release date is known. This special status will be defined by process 10 completion of the application by the respective district office within 11 thirty days of receiving the official release date. 12 § 3. Subdivision 2 of section 112 of the correction law, as amended by 13 section 19 of subpart A of part C of chapter 62 of the laws of 2011, is 14 amended to read as follows: 15 2. The commissioner shall have the management and control of persons 16 released on community supervision and of all matters relating to such 17 persons' effective reentry into the community, as well as all contracts 18 and fiscal concerns thereof. The commissioner shall have the power and 19 it shall be his or her duty to inquire into all matters connected with 20 said community supervision. The commissioner shall make such rules and 21 regulations, not in conflict with the statutes of this state, for the 22 governance of the officers and other employees of the department 23 assigned to said community supervision, and in regard to the duties to 24 be performed by them, as he or she deems proper and shall cause such 25 rules and regulations to be furnished to each employee assigned to 26 perform community supervision. The commissioner shall also prescribe a 27 system of accounts and records to be kept, which shall be uniform. The 28 commissioner shall also make rules and regulations for a record of 29 photographs and other means of identifying each [inmate] incarcerated 30 individual released to community supervision. The commissioner shall 31 appoint officers and other employees of the department who are assigned 32 to perform community supervision. Each incarcerated individual will be 33 eligible to apply for safety net assistance, supplemental security 34 income and state supplemental payments prior to their earliest expected 35 release date in accordance with section one hundred fifty-eight of the 36 social services law, 42 USC § 1383 and section two hundred nine of the 37 social services law, respectively. The department shall provide assist- 38 ance in completing and filing such applications and may contract with 39 not-for-profit providers with experience assisting individuals during 40 the application and appeals processes of such benefits to provide incar- 41 cerated individuals with assistance completing applications for such 42 benefits. 43 § 4. The correction law is amended by adding a new section 500-q to 44 read as follows: 45 § 500-q. Re-entry services. Each incarcerated individual will be 46 eligible to apply for re-entry services, which must include, but are not 47 limited to safety net assistance, supplemental security income and state 48 supplemental payments prior to their earliest expected release date in 49 accordance with section one hundred fifty-eight of the social services 50 law, 42 USC § 1383 and section two hundred nine of the social services 51 law, respectively. The offender rehabilitation coordinator or other 52 person in charge of re-entry services at a local correctional facility 53 will provide assistance in completing and filing such applications and 54 may contract with not-for-profit providers with experience assisting 55 individuals during the application and appeals processes for such bene- 56 fits to provide incarcerated individuals with assistance in completingS. 6493 3 1 applications for such benefits. Each correctional facility will be 2 required to report out to the criminal justice committee of the New York 3 state legislature on how they are providing such re-entry services. Such 4 reporting must include metrics on how many people were served and what 5 services were received. 6 § 5. The correction law is amended by adding a new section 71-b to 7 read as follows: 8 § 71-b. Reintegration pilot program. 1. The department, in collab- 9 oration with the office of temporary and disability assistance, the 10 office of mental health and the office of addiction services and 11 supports shall establish and conduct a five year reintegration pilot 12 program to help ensure incarcerated individuals within the correctional 13 facilities receive the supports and services necessary to meaningfully 14 prepare for their release while still incarcerated, assist individuals 15 to reintegrate into the community upon release and reduce recidivism. 16 Such pilot program shall be conducted in three correctional facilities, 17 one female and two male facilities, selected by the department, taking 18 into consideration adequate geographic distribution within the state as 19 well as availability of sufficient links to supports and services 20 required by this section. For purposes of this pilot program, there 21 shall be at least one hundred incarcerated individuals who on a volun- 22 tary basis request placement in the pilot program up to one year before 23 their earliest expected release date. In the event the individual is not 24 granted parole, his or her application will be placed on hold status to 25 be re-activated and given a priority rank once such individual is grant- 26 ed parole and an official release date is known. This special status 27 will be defined by process completion of the application by the respec- 28 tive district office within thirty days of receiving the official 29 release date. Upon admission to the program, each incarcerated individ- 30 ual shall receive an in-depth screening and assessment to determine 31 their specific needs as relating to, including but not limited to, 32 mental health and substance use disorder services, educational needs and 33 job readiness. In addition to an in-depth screening and assessment, 34 participants in the pilot program shall also be linked with not-for-pro- 35 fit organizations and peer to peer engagement opportunities to assist 36 with the individual's reintegration planning. This shall occur no less 37 than six months prior to their expected release date and shall consist 38 of, but not be limited to, assistance applying for public benefits, 39 referrals and links to mental health and/or substance use disorder 40 service providers if applicable, connections to employment opportunities 41 as well as job training programs if appropriate, assistance finding 42 available stable housing options to be available upon release and gener- 43 al supports and services that may be helpful for an individual reinte- 44 grating back into the community. In the event the individual is not 45 granted parole, his or her application will be placed on hold status to 46 be re-activated and given a priority rank once such individual is grant- 47 ed parole and an official release date is known. This special status 48 will be defined by process completion of the application by the respec- 49 tive district office within thirty days of receiving the official 50 release date. 51 2. Upon release from the correctional facility, individuals will 52 continue to receive supports and services, as needed, for an additional 53 six months, to ensure the individual's successful reintegration into the 54 community. Such services shall include, but not be limited to, connect- 55 ing individuals to health and behavioral health services, as appropri- 56 ate, assistance ensuring compliance with any parole or court mandatedS. 6493 4 1 activities, connections to employment opportunities based on their 2 skills identified while incarcerated and assistance acquiring stable 3 affordable housing. The collaborating agencies shall contract with not- 4 for-profit providers to effectuate the requirements specified in this 5 section. 6 3. The commissioner, in consultation with appropriate community organ- 7 izations, shall submit within one year of the effective date of this 8 section, and annually thereafter, a report to the governor, the tempo- 9 rary president of the senate and the speaker of the assembly on the 10 effectiveness of this pilot program. Such reports shall include an anal- 11 ysis of the outcomes of the pilot program and recommendations for 12 continued efforts to meaningfully prepare incarcerated individuals for 13 their release while still incarcerated, assist individuals to reinte- 14 grate into the community upon release and reduce recidivism. Such infor- 15 mation provided in the report shall include, but not be limited to, 16 information on the types of convictions of incarcerated individuals 17 participating in the pilot program; the specific types of services that 18 were provided while incarcerated as well as upon release; the outcomes 19 and effectiveness, to the extent it is known, of such services provided; 20 whether participants in the pilot program were able to find stable 21 affordable housing and/or employment during their participation in the 22 pilot program and any barriers that may have contributed to their 23 inability to find housing and/or employment; and any other information 24 or factors that were identified that may have created barriers to an 25 individual's reintegration once released and the additional services 26 that may alleviate those barriers. 27 4. No person shall have the right to demand or require participation 28 in the pilot program authorized by this section. 29 5. Nothing in this section shall be construed to authorize the depart- 30 ment to hold an incarcerated individual in confinement beyond their 31 earliest release date. 32 § 6. The correction law is amended by adding a new section 11 to read 33 as follows: 34 § 11. Identification card program. 1. The commissioner, in consulta- 35 tion with the commissioner of motor vehicles and the federal bureau of 36 prisons, shall develop a program to provide an identification card to 37 each incarcerated individual upon the release of such individuals from 38 the custody the department or from the custody of the federal bureau of 39 prisons when such individual is a resident of New York state. No fee 40 shall be charged to an inmate for the original issuance of such iden- 41 tification card. 42 2. As used in this section, "identification card" shall have the same 43 meaning as such term is defined in section four hundred ninety of the 44 vehicle and traffic law. 45 § 7. This act shall take effect on the first of January next succeed- 46 ing the date upon which it shall have become a law. Effective immediate- 47 ly, the addition, amendment and/or repeal of any rule or regulation 48 necessary for the implementation of this act on its effective date are 49 authorized to be made and completed on or before such effective date.