NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5706
SPONSOR: Joyner TITLE OF BILL:
An act to amend the correction law, in relation to establishing a
program for elderly inmates who are under community supervision or who
will be released from a state correctional facility
PURPOSE OR GENERAL IDEA OF BILL:
Relates to establishing the re-entry for the elderly program
SUMMARY OF PROVISIONS:
Section 1 amends the correction law by, adding a new section 210.
Section 2 is the effective date.
JUSTIFICATION:
25,000 inmates are released from state correctional facilities each
year. Approximately 61% of releasees are returned to New York City and
the surrounding suburban counties with the remaining 39% returning to
the upstate counties from which they were committed. If state policy
aspires to support the successful reintegration into society of persons
returning from prison, then this bill will help achieve that public
safety goal. The reentry for the elderly program established by this
bill should increase the rate of successful reintegration while provid-
ing a more humane approach to returning elderly and geriatric persons to
society after incarceration. The Department of Corrections and Community
Supervision (DOCCS) alone cannot ensure good results for every inmate it
releases each year along with the 35,000 parolees it supervises. Nor is
it reasonable to expect that one agency can provide a bridge to reentry
services in all parts of the state for tens of thousands of people each
year. Good results require partners and cooperation from local agencies
and stakeholders in the communities where such individuals originally
came from and where they return. Although elderly releasees have low
rates of recidivism they have high needs from a reentry perspective,
including financial instability and an inability to work, medical needs,
a lack of supportive housing, technological challenges and, in many
cases, few living relatives.
From 2000-2019, the state prison population decreased by 36%, from
approximately 71,500 in 2000, to 46,000 in 2019. At the same time the
incarcerated population over aged 50 doubled from 5,111 in 2000, to
10,331 in early 2018. This trend will likely continue. To ensure humane
and safe returns from the significant investment made in state
corrections, this bill requires the NYC departments of health & mental
hygiene, social services and homeless services and their upstate coun-
terparts to work with DOCCS to implement and coordinate program services
for elderly persons released from state incarceration. Such services
shall include geriatric assessment and discharge planning, identifica-
tion of approvable housing including skilled nursing facilities and
nursing homes, case management to connect elderly releases to appropri-
ate medical and mental health care, benefits, employment and services
available through senior centers and service providers in their respec-
tive communities.
PRIOR LEGISLATION HISTORY:
September 2020 - A11010 Referred to Assembly Corrections
FISCAL IMPLICATIONS:
To be determined, if any.
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5706
2021-2022 Regular Sessions
IN ASSEMBLY
February 24, 2021
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to establishing a
program for elderly inmates who are under community supervision or who
will be released from a state correctional facility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 210
2 to read as follows:
3 § 210. Reentry for the elderly program. 1. The department shall estab-
4 lish a reentry for the elderly program using existing funds for adults
5 over fifty years of age who are under community supervision or who will
6 be released from a state correctional facility.
7 2. The commissioner, in consultation with the office of minority
8 health, the commissioner of the city of New York department of health
9 and mental hygiene, the commissioner of the city of New York department
10 of homeless services and the commissioner of the city of New York
11 department of social services and local stakeholders such as senior
12 centers and service providers, shall be responsible for the implementa-
13 tion and coordination of program services provided for in this section
14 for participants who are on community supervision or will be released
15 from a state correctional facility to the city of New York.
16 3. The commissioner, in consultation with county departments of
17 health, mental health and social services, and with local stakeholders
18 such as county senior centers and service providers, shall be responsi-
19 ble for the implementation and coordination of program services provided
20 for in this section for participants who are on community supervision or
21 will be released from a state correctional facility to a county outside
22 the city of New York.
23 4. The program shall include, but not be limited to, the following
24 components:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03785-01-1
A. 5706 2
1 (a) geriatric assessment and discharge planning to assess individual
2 needs and develop individualized release plans;
3 (b) parole board interview preparation including identification of
4 approved residences; and
5 (c) case management to connect participants to appropriate housing,
6 medical and behavioral health care, benefits, employment, and services
7 available through senior centers, and provide ongoing support.
8 5. The commissioners of the city of New York departments of health and
9 mental hygiene, homeless services and social services and county commis-
10 sioners of health, mental health, and social services shall cooperate
11 with the commissioner, as well as the office of minority health, in
12 furtherance of the program provided for in this section.
13 6. The department may, subject to available appropriations, contract
14 with a non-profit entity for the performance of the functions set forth
15 in this section.
16 § 2. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law.
