Relates to the department of correction and community supervision's role with respect to discharge planning to assist inmates in obtaining housing before release to community supervision.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6458
SPONSOR: Weprin TITLE OF BILL: An act to amend the correction law, in relation to the
department of correction and community supervision's role with respect
to discharge planning to assist inmates in obtaining housing before
release to community supervision
PURPOSE OR GENERAL IDEA OF BILL:
The Department of Corrections shall assist inmates in obtaining housing
prior of release from a correctional institution.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 201 (5) of the correction law in
relation to the Department of Corrections and Community Supervision's
role with respect to discharge planning to assist inmates to obtain
housing before release from a state correctional facility. The bill
requires that for every discharge in which the Department of Corrections
and Community Supervision releases an inmate to temporary shelter regu-
lated pursuant to title 18 parts 491 and 900 of New York State Codes,
Rules, and Regulation, the department must (a) reimburse the Local
Social Services District for the cost of providing temporary shelter,
(b) provide a report to the Local Social Service District thirty days
prior to discharge, including a description of all discharge planning
undertaken for the individual inmate, and (c) once every thirty days
until the inmate is no longer subject to parole, provide a report to the
Local Social Services District detailing all continuing assistance that
the Department has provided to the inmate to obtain permanent housing
that does not violate the terms of the inmate's parole.
Section 2 provides for the law to take effect immediately.
JUSTIFICATION:
Individuals face a multitude of challenges upon discharge from correc-
tional facilities. Chief among them is relocating to an affordable,
permanent home and re-acclimating to living independently in the commu-
nity. The New York State Department of Correction and Community Super-
vision (DOCCS) has a legal and moral responsibility to implement poli-
cies that ensure formerly incarcerated individuals are able to
successfully reintegrate into society and to mitigate obstacles that may
lead to re-incarceration. This bill will help achieve these goals by
addressing the current DOCCS practice of discharging parolees to shelter
without adequate pre- and post-discharge assistance to secure independ-
ent housing in the community and shifting costs to Local Social Services
Districts (LSSD). The bill calls for regular reporting on all of DOCCS
efforts to assist parolees to obtain permanent housing. Far too often,
inmates are released to temporary shelter in the absence of appropriate
pre-discharge planning to avert shelter entry and then DOCCS does not
provide appropriate follow up assistance to relocate parolees from shel-
ter to housing in the community. As a consequence, the responsibility of
assisting the individual in locating permanent housing is left to the
LSSDs, instead of with DOCCS where it belongs.
In 2016, nearly 21,000 inmates were released to community supervision
from New York State correctional facilities, the majority of whom were
sent to New York City. A significant number of formerly incarcerated
individuals are discharged into the local shelter system directly from
state correctional facility. This does little to support the parolee or
lower recidivism rates, and it exacerbates the homelessness crisis in
local communities across the State to which parolees are being
discharged. The City social services district has implemented a broad
range of programs and services aimed at lowering the shelter census and
for the first time in a decade the number of people in its shelter
system has stabilized. The current number of formerly incarcerated indi-
viduals entering shelter comes at great cost to New York City and other
localities, and undermines local efforts to control spending and reduce
the number of people in shelters. Research suggests that securing stable
housing is a critical first step to successful re-entry. A 2004 study of
over 40,000 individuals returning to New York City from state correc-
tional facilities reveals a strong correlation between shelter use and
risk of recidivism. This bill addresses the relationship between housing
instability and recidivism and will give formerly incarcerated individ-
uals the best chance to achieve true independence.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
