Bill Text: NY S08528 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes a reentry services and treatment fund; establishes training requirements for peace officers related to mental illness and trauma informed care.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-09 - REFERRED TO FINANCE [S08528 Detail]

Download: New_York-2021-S08528-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8528

                    IN SENATE

                                      March 9, 2022
                                       ___________

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

        AN ACT to amend the state finance law and the criminal procedure law, in
          relation to establishing a reentry services and  treatment  fund;  and
          making an appropriation therefor

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

     1    Section 1. The state finance law is amended by adding  a  new  section
     2  92-kk to read as follows:
     3    §  92-kk.  Reentry  services  and  treatment  fund. 1. There is hereby
     4  established in the joint  custody  of  the  state  comptroller  and  the
     5  commissioner  of  taxation and finance a special fund to be known as the
     6  "reentry services and treatment fund" for the purposes of funding volun-
     7  tary services and treatment in the community for New Yorkers  reentering
     8  the community after a period of incarceration.
     9    2.  The several amounts specified in this section for reentry services
    10  and treatment, or so much thereof as shall be sufficient  to  accomplish
    11  the  purposes  designated by the appropriations, are hereby appropriated
    12  and authorized to be paid as hereinafter  provided,  to  the  respective
    13  public officers and for the several purposes specified.
    14    3. Money allocated to the reentry services and treatment fund shall be
    15  kept  separate  and  shall not be commingled with any other funds in the
    16  custody of the state comptroller.
    17    4. Money expended from this fund shall be used to supplement  and  not
    18  supplant or replace any other funds, including federal or state funding,
    19  which would otherwise have been expended for reentry services and treat-
    20  ment.  Provided  further,  general  operating  funds or baseline funding
    21  shall not be reduced due to monies expended from the fund.
    22    5. This fund shall consist of monies appropriated by  the  legislature
    23  to be spent on eligible expenditures as defined herein.
    24    6.  Funding  shall  be  distributed  regionally and to ensure adequate
    25  geographic disbursement across the state. In addition  to  programs  and
    26  services  overseen by the division of criminal justice services, funding
    27  may also be expended on programs and services overseen by the department

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14992-01-2

        S. 8528                             2

     1  of health, the office of mental health,  the  division  of  housing  and
     2  community  renewal,  the  office of addiction services and supports, the
     3  office of temporary and disability assistance, or any other agency  that
     4  may  oversee  an  appropriate  program  or service that is considered an
     5  eligible expenditure as provided under this section.  Funding  decisions
     6  shall  include  an  emphasis on supporting programs that are culturally,
     7  linguistically and  gender  competent,  trauma-informed,  evidence-based
     8  and, where appropriate, employ individuals with lived experience as part
     9  of the services provided. Agencies, offices, and programs receiving such
    10  funding  shall  collaborate  at  the  regional level to identify gaps of
    11  service and develop a comprehensive continuum of services to support the
    12  reentry and treatment needs  of  individuals  reentering  the  community
    13  after a period of incarceration.
    14    7.  On  or before November first of the year after the initial deposit
    15  of monies in the reentry  services  and  treatment  fund,  the  relevant
    16  commissioners  shall provide a written report to the governor, temporary
    17  president of the senate, speaker of the assembly, chair  of  the  senate
    18  finance committee, chair of the assembly ways and means committee, chair
    19  of  the senate alcoholism and substance abuse committee and chair of the
    20  assembly alcoholism and drug  abuse  committee.  Such  report  shall  be
    21  presented  as a consolidated dashboard and be made publicly available on
    22  the respective offices' websites. The report shall include the following
    23  information:
    24    (i) the baseline funding for any entity that receives funding from the
    25  reentry services and treatment  fund,  prior  to  the  receipt  of  such
    26  reentry services and treatment funds;
    27    (ii)  how  funds  deposited in the reentry services and treatment fund
    28  had been utilized in the preceding  calendar  year,  including  but  not
    29  limited to:
    30    (A)  the amount of money disbursed from the fund and the award process
    31  used for such disbursement, if applicable;
    32    (B) the names and total number of recipients, the amounts  awarded  to
    33  each  recipient  and  details  about the purpose such funds were awarded
    34  for, including what specific services and programs the funds  were  used
    35  on  and  what  populations  such  services or programs served, including
    36  information on specific services or programs aimed to  serve  women  and
    37  families impacted by incarceration;
    38    (C)  the  main criteria utilized to determine the award, including how
    39  the program or service assists to reduce recidivism of individuals reen-
    40  tering the community after a period of incarceration;
    41    (D) an analysis of the effectiveness of the services  and/or  programs
    42  that received reentry services and treatment funding in their efforts to
    43  increase  stability  and reduce recidivism of individuals reentering the
    44  community after a period of incarceration. Such analysis  shall  utilize
    45  evidence-based  uniform  metrics  when reviewing the effects the service
    46  and/or program had on enhancing stability and supports  for  individuals
    47  served  by the service and/or program, preventing further criminal legal
    48  system involvement, and advancing treatment and recovery for individuals
    49  with associated needs;
    50    (E) any relevant information provided by  the  New  York  subdivisions
    51  pursuant to this section; and
    52    (F)  any  other  information  the commissioners deem necessary for the
    53  legislature to determine appropriate future awards and ensure such fund-
    54  ing is not being used to supplant local, state, or federal funding.
    55    § 2. Section 2.30 of the criminal procedure law is amended by adding a
    56  new subdivision 7 to read as follows:

        S. 8528                             3

     1    7. (a) The commissioner of criminal justice services, in  consultation
     2  with  the  commissioner  of health, shall ensure that training for peace
     3  officers who work in the criminal legal system are provided at least ten
     4  hours of training annually related to mental illness and trauma informed
     5  care pursuant to section 7.23 of the mental hygiene law. Trauma training
     6  pursuant  to  this  section  will  be offered as an additive part of the
     7  required training for all such peace officers, and no other part of  the
     8  training will be reduced. Such training shall include, but not be limit-
     9  ed to:
    10    (i)  programs  and  activities related to mental health, including any
    11  information on applicable mental health  diversion  programs  and  proc-
    12  esses;
    13    (ii)  trauma  informed  care,  intervention  and  practices, including
    14  gender-informed care and best practices on making an arrest when a child
    15  is present;
    16    (iii) adverse childhood experiences  and  social  emotional  learning,
    17  including  the  impact  of  parental  incarceration on children and best
    18  practices for facilitating familial connection to an incarcerated  care-
    19  giver;
    20    (iv) behavioral health disorders;
    21    (v)  best  practices  for  improving the overall criminal legal system
    22  environment;
    23    (vi) safe de-escalation of crisis situations;
    24    (vii) identifying signs and symptoms, including early stages of mental
    25  illness and behavioral health issues; and
    26    (viii) the use of evidence-based training programs including, but  not
    27  limited to, mental health first aid or core elements of such programs to
    28  the extent practicable.
    29    (b)  In addition to other programs and services, the state comptroller
    30  and the commissioner of taxation and finance shall ensure that a  suffi-
    31  cient  portion  of  the  moneys appropriated to the reentry services and
    32  treatment fund, established under section  ninety-two-kk  of  the  state
    33  finance  law,  is allocated to provide the required training pursuant to
    34  this section.
    35    § 3. The sum of five hundred million  dollars  ($500,000,000),  or  so
    36  much  thereof as may be necessary, is hereby appropriated to the depart-
    37  ment of taxation and finance from any moneys in the  state  treasury  in
    38  the  general  fund  to  the credit of the reentry services and treatment
    39  fund not otherwise appropriated for the purposes  of  carrying  out  the
    40  provisions  of  this  act.    Such sum shall be payable on the audit and
    41  warrant of the state comptroller on vouchers certified  or  approved  by
    42  the  commissioner of taxation and finance, or his duly designated repre-
    43  sentative in the manner provided by law.
    44    § 4. This act shall take effect immediately.
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