NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8965
SPONSOR: Septimo TITLE OF BILL:
An act to amend the executive law, in relation to establishing the
office of reentry services within the division of criminal justice
services
PURPOSE:
This amendment to the executive law will require the division of crimi-
nal justice services to establish an office of reentry services to
establish, promote, and lead programs that reduce incarcerated individ-
uals' likelihood of reoffending.
SUMMARY OF PROVISIONS:
Section 837, article 35 of the executive law: requires the division of
criminal justice services to establish an office of reentry services.
Section 2: Requires the office of reentry services to be responsible for
providing reentry programming and support to incarcerated individuals
residing in the state to decrease the likelihood that they will re-of-
fend and return to prison or jail. The office will establish reentry
programs, including a transition plan program in state and local facili-
ties, and maintain a transition resource directory.
Section 3 and 4: describes the appropriation for the office of reentry
services and establishes this bill's effective date, respectively.
JUSTIFICATION:
Establishing a comprehensive reentry program for incarcerated people is
a necessary step towards a criminal justice system capable of keeping
New York communities safe. The 25,000 incarcerated people released in
New York per year need a way to earn a living, legally.(1) Unfortunate-
ly, formerly incarcerated individuals face high rates of unemployment,
homelessness, and poverty.(2) Two out of Five people released from pris-
on return to New York City pre-destined to be homeless. Empirical
studies demonstrate that when reentry programs, especially substance
abuse and mental health treatment, are available to incarcerated people
they are far more likely to reintegrate successfully.(3) However, the
existing pathways for formerly incarcerated New Yorkers to get treat-
ment, work, and housing can only accommodate a fraction of the people
reintegrating into society.(4)
At large, many will reoffend and be reincarcerated.(5) Without address-
ing this issue, it leaves formerly incarcerated individuals facing chal-
lenges to productive members of society. This will help family members
of those formerly incarcerated start a journey of healing versus facing
more hardship than needed.(6) In order for members of society to reinte-
grate, they need to have an opportunity to meet six basics-livelihood,
residence, family, health, criminal justice compliance, and social
connections. With already having criminal compliance, there is a strong
need to establish a reentry program to gain skills and mechanisms to
reintegrate into the real world by helping obtain social connections,
residency, livelihood, family, and health. The Recidivism Reduction Act
addresses the ongoing challenges people may face when they are released
from prisons and jails. The establishment of an Office of Reentry
Services will create, administer, and support reentry programs and
services in every state, in addition to the county correctional facility
and in communities. The sole purpose of the office will be to facilitate
transition and prevent re-incarceration, encouraging and assisting
formerly incarcerated peoples' efforts to live lawfully upon release.
The Office of Reentry Services will save taxpayers money. The average
cost of imprisonment on the federal level is $40,000 per year, and most
'states pay approximately between $14,000 and $70,000.(7) Counties and
community organizations can meet their local population's need for
reentry support services with the backing of the state's Office of
Reentry Services. As jail populations decrease, counties can obtain
savings and reinvest money into their communities. We must choose to
invest in people and not prison cells.
LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect on the first of January following the date on
which it shall have become a law.
(1) https://www.cssny.orginews/entry/an-effective-policy-to- cut-reci-
divism
(2) https://www.gothamgazette.com/state/11353-new-york-prison- shelter-
pipeline
(3) https://trumpwhitehouse.archives.gov/wp-content/uploads/
2018/05/Retums-on-Investments-in-RecidivismReducing-Programs.pdf
(4) https://www.lac.org/resource/blueprint-for-criminal-justice-
reform-for-nyc
(5) https://doccs.v.gov/system/files/documents/2022/10/2016- releases-
three-vear-post-release-fol low-up-final -.ndf
(6) https://online.simmons.edu/blog/prisoner-reentry/
(7)https://interrogatingjustice.org/ending-mass-incarceration/
annual-prison-costs-going-into-2023/
STATE OF NEW YORK
________________________________________________________________________
8965
IN ASSEMBLY
January 31, 2024
___________
Introduced by M. of A. SEPTIMO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the executive law, in relation to establishing the
office of reentry services within the division of criminal justice
services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "recidivism reduction act".
3 § 2. The executive law is amended by adding a new section 837-x to
4 read as follows:
5 § 837-x. Office of reentry services. 1. There is hereby established
6 within the division an office of reentry services to facilitate success-
7 ful reintegration into the community by incarcerated individuals.
8 (a) As used in this section, the following terms shall have the
9 following meanings:
10 (i) "office" shall mean the office of reentry services; and
11 (ii) "incarcerated individual" shall mean a person eligible for
12 release from a correctional facility or local correctional facility, as
13 defined by section two of the correction law; and
14 (b) The head of the office of such office shall be a director
15 appointed by the commissioner. Such director:
16 (i) shall exercise all powers vested in the office;
17 (ii) may delegate any function, power, or duty assigned to the office
18 to an employee of such office;
19 (iii) may request and receive from any department, agency of the
20 state, or public authority such assistance, information and data as will
21 enable the office to properly carry out its functions, powers and
22 duties; and
23 (iv) may hire and dismiss employees of the office for cause and in
24 accordance with state law.
25 (c) Such office's principal office shall be in the county of Albany.
26 2. The office shall establish, promote, and administer reentry
27 programs in the state.
28 (a) Such office may enter into agreements with any person, firm,
29 corporation, municipality, or governmental agency as may be necessary or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00225-01-3
A. 8965 2
1 convenient to carry out the functions, powers, and duties expressly set
2 forth in this section.
3 (b) Such office shall provide incarcerated individuals with reentry
4 assistance that includes, but is not limited to, establishing reentry
5 programs inside correctional facilities and local correctional facili-
6 ties and providing assistance in applying for public benefits, referrals
7 to mental health providers and substance use disorder service providers,
8 connections to employment opportunities and job training programs,
9 assistance in finding stable housing options to be available upon
10 release, and general supports and services that may be helpful for an
11 individual reintegrating into the community. Such offices shall:
12 (i) screen each incarcerated individual within seven days of the start
13 of their sentence to collect from such individual information concern-
14 ing:
15 (1) the incarcerated individual's medical needs, including, but not
16 limited to, medical conditions, medications, mental health care, and
17 disabilities; and
18 (2) the incarcerated individual's level of education and job read-
19 iness;
20 (ii) ensure that a reentry preparation caseworker is available to meet
21 with incarcerated individuals for in-person reentry preparation meet-
22 ings. Such caseworker shall meet with an incarcerated individual:
23 (1) within thirty days of an incarcerated individual's admission to a
24 correctional facility or local correctional facility to create a reentry
25 plan in collaboration with such individual and connect them with avail-
26 able on-site reentry services and programs;
27 (2) when an incarcerated individual elects to meet with a caseworker
28 for reentry counseling and support related to such individual's reentry
29 preparations; and
30 (3) at least six months before an incarcerated individual's scheduled
31 release to connect them with support in obtaining housing, employment,
32 healthcare, and other support designed to facilitate such individual's
33 successful transition to the community;
34 (iii) make reentry assistance available to incarcerated individuals
35 for the duration of their confinement in a correctional facility or
36 local correctional facility and up to three years after the date such
37 individuals are released; and
38 (iv) ensure that incarcerated individuals have transportation to their
39 residence within the state on the day such individuals are released.
40 (c) Such office shall create and maintain a public directory of
41 reentry support services provided by the state, municipalities within
42 the state, the federal government, and community organizations. Such
43 directory shall be:
44 (i) electronically available to the public; and
45 (ii) provided in printed form to incarcerated individuals at least six
46 months before such individuals are scheduled to be released.
47 (d) Such office shall take the necessary steps to ensure that incar-
48 cerated individuals have access to state, federal, or private health
49 insurers, including Medicaid and Medicare, upon release.
50 § 3. The annual budget submitted by the governor shall separately
51 state the recommended appropriations for the office of reentry services.
52 Upon enactment, these separately stated appropriations for the office
53 shall not be decreased by interchange with any other appropriation,
54 notwithstanding the state finance law.
55 § 4. This act shall take effect on the first of January next succeed-
56 ing the date on which it shall have become a law.
