Relates to the role of the department of corrections and community supervision in planning and facilitating the discharge or release of incarcerated persons to the community.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8022
SPONSOR: Davila TITLE OF BILL:
An act to amend the correction law, in relation to the role of the
department of corrections and community supervision in planning and
facilitating the discharge or release of incarcerated persons to the
community
PURPOSE:
This legislation would help ensure individuals being released from state
and local correctional facilities receive appropriate support and
services when reentering the community. This bill would also provide
comprehensive discharge plans to individuals and reentry providers prior
to an individual's release or discharge from a correctional facility.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would amend the Correction Law by adding a new Section 77.
This section would provide for comprehensive discharge planning prior to
the release or discharge of an incarcerated person from a correctional
facility. Such plan will include planning for the person's mental health
needs, medical care, housing, employment and any substance use disorder
services. The Department will be required to prepare the plan no later
than forty-five days prior to the incarcerated individual's release or
discharge from a correctional facility. Included in the plan will be an
assessment of the individual's access to housing and preparation to aid
for such person's successful transition to adequate and stable housing.
The section would provide for an offer of transitional or long-term
employment upon release or discharge. "Reentry provider" is defined as a
program or service designed to promote the successful and productive
reentry and reintegration of an incarcerated person into the general
society. This also includes housing services, medical and mental health
services, HIV/AIDS services, educational, vocational and employment
services, and alcohol or substance use disorder treatment services.
Prior the release of the individual, the department will coordinate with
the appropriate reentry providers in the local jurisdiction where the
person is scheduled to be released. The section would require the
Department to coordinate with the appropriate reentry providers of the
incarcerated person's planned referral to and placement in temporary
housing in a shelter, if such person declines a housing placement. The
department will continue to assist the person to obtain housing that is
not temporary housing in a shelter and does not violate the terms of
such person's parole.
Subdivision 4 of this section would make clear that nothing in this
section shall delay the scheduled release or discharge of an incarcerat-
ed person while awaiting or awaiting the completion of a discharge plan,
referral or other services.
Section 2 of the bill would amend Section 78 of the Correction Law to
clarify that statute's applicability to Department discharge plans for
juvenile offenders and adolescent offenders.
Section 3 of the bill would establish the effective date.
JUSTIFICATION:
Each year, the New York State Department of Corrections and Community
Supervision releases thousands of individuals from state correctional
facilities. Frequently, these individuals are released or discharged
from custody without the support systems that would allow them to
succeed as they return to the community. This legislation would require
the Department of Corrections and Community Supervision to provide a
comprehensive discharge plan to individuals upon release or discharge
from state correctional facilities. Discharge planning would help
connect re-entering individuals to health care, housing, mental health
providers and reentry service providers. This bill would also help local
social services districts in maintaining these services and contact with
individuals who are re-entering the community. The implementation of a
comprehensive discharge plan would provide these individuals leaving
correctional facilities stable housing and healthcare services, which
are critical for a successful transition and reentry into society.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
30 days after it shall become law.
