NY State Senate Bill 2023-S7646

Senate Bill S7646

2023-2024 Legislative Session

Requires the department of corrections and community supervision to establish discharge plans and reentry services for wrongfully convicted individuals upon their discharge

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Current Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2024	advanced to third reading
May 07, 2024	2nd report cal.
May 06, 2024	1st report cal.858
Jan 03, 2024	referred to crime victims, crime and correction
Aug 30, 2023	referred to rules

Votes

- May 6, 2024 - Crime Victims, Crime And Correction Committee Vote
  S7646
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 6, 2024
      
      aye (6)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Rolison
      
      Salazar
      
      Sepúlveda
      
      aye wr (1)
      
      Gallivan

co-Sponsors

2023-S7646 (ACTIVE) - Details

See Assembly Version of this Bill:: A8017
Law Section:: Correction Law
Laws Affected:: Amd §78, add §78-a, Cor L

2023-S7646 (ACTIVE) - Summary

Requires the department of corrections and community supervision to establish discharge plans and reentry services for wrongfully convicted individuals upon their discharge which includes housing needs, educational needs, employment needs, medical needs, and specific social service needs.

2023-S7646 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7646

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring the depart-
ment of corrections and community supervision to establish discharge
plans and reentry services for wrongfully convicted individuals upon
their discharge

 
PURPOSE:

To require the department of corrections and community supervision to
provide discharge plans and reentry services for individuals who were
wrongfully convicted.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the section heading of Section 78 of the correction
law.

Section 2: Creates Section 78-a. This section pertains to discharge

plans and reentry services for wrongfully convicted individuals. It
defines key terms, such as "wrongfully convicted individual," "discharge
plan," and "re-entry services."

Section 3: Sets effective date.

 
JUSTIFICATION:

A wrongfully convicted individual is someone who has been found guilty
and subsequently punished through legal proceedings, but who is later
determined to be innocent of the crime for which they were convicted.
Some wrongfully convicted individuals are sentenced to prison and spend
years behind bars. This can happen for various reasons, including errors
in the legal process, false evidence, coerced confessions, or the
discovery of new evidence that clears the individual's name.

A 2022 article by the Bronx Times stated that 331 people have been exon-
erated in New York State in the last 33 years, and those are just the
cases that have been recorded. Undoubtedly, individuals who were wrong-
fully convicted of a crime are sitting in prisons across New York State
at any given moment.

Wrongfully convicted individuals who are incarcerated face an unjust
loss of freedom and potential damage to their lives. Currently, New York
State law requires that DOCCS provide re-entry services only to some
offenders, not including those who were wrongfully convicted.  There-
fore, individuals who were wrongfully convicted and released from jail
are not offered any re-entry services. Recognizing the emotional,
psychological, and practical hardships that wrongfully convicted indi-
viduals might experience, this bill will ensure that wrongfully
convicted individuals are provided essential services upon release.

Individuals who spend time in prison for a crime they did not commit are
deserving of the best resources and support to assist in their reinte-
gration into society and the State must demonstrate its commitment to
treating individuals with dignity and addressing their unique needs.
Without proper support upon release, wrongfully convicted individuals
might be at risk of falling into homelessness, mental and physical
health challenges, and challenges related to education and employment.
By providing tailored discharge plans and reentry services, the bill
seeks to promote successful reintegration and facilitate a smoother
reentry process by ensuring access to housing, education, employment,
medical care, and other social services, which can help these individ-
uals rebuild their lives.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

2023-S7646 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7646
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 30, 2023
                                ___________
 
 Introduced  by  Sens. SKOUFIS, BAILEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the correction law, in relation to requiring the depart-
   ment of corrections and community supervision to  establish  discharge
   plans  and  reentry services for wrongfully convicted individuals upon
   their discharge
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading of section 78 of the correction law, as
 added  by section 81-b of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   Discharge plans AND REENTRY SERVICES; JUVENILE OFFENDERS  AND  ADOLES-
 CENT OFFENDERS.
   §  2.  The  correction  law is amended by adding a new section 78-a to
 read as follows:
   § 78-A. DISCHARGE PLANS AND  REENTRY  SERVICES;  WRONGFULLY  CONVICTED
 INDIVIDUALS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE TERM:
   (A)  "WRONGFULLY  CONVICTED  INDIVIDUAL"  MEANS  A PERSON WHO HAS BEEN
 CONVICTED AND SUBSEQUENTLY DETERMINED TO BE INNOCENT OF  THE  CRIME  FOR
 WHICH THEY WERE CONVICTED.
   (B)  "DISCHARGE  PLAN" MEANS A PLAN DESCRIBING THE MANNER IN WHICH THE
 WRONGFULLY CONVICTED INDIVIDUAL WILL BE ABLE TO RECEIVE REENTRY SERVICES
 UPON RELEASE FROM THE CUSTODY OF THE DEPARTMENT TO THE COMMUNITY.
   (C) "REENTRY SERVICES" MEANS APPROPRIATE PROGRAMMING AND SUPPORT PLAN-
 NING OFFERED TO A WRONGFULLY CONVICTED INDIVIDUAL UPON RELEASE FROM  THE
 CUSTODY OF THE DEPARTMENT TO THE COMMUNITY, AS WELL AS FOLLOW-UP SUPPORT
 OFFERED TO THE INDIVIDUAL AFTER THEIR RELEASE.
   2.  DISCHARGE  PLANS  AND REENTRY SERVICES. PRIOR TO THE RELEASE OF AN
 ELIGIBLE INCARCERATED INDIVIDUAL FROM THE CUSTODY OF THE  DEPARTMENT,  A
 DESIGNEE  OF  THE  DEPARTMENT  SHALL,  IN  CONSULTATION  WITH NON-PROFIT
 PROVIDERS AND IN CONJUNCTION WITH SUCH WRONGFULLY CONVICTED  INDIVIDUAL,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11996-01-3

 S. 7646                             2
 
 DEVELOP  AND  OFFER  TO SUCH INDIVIDUAL A DISCHARGE PLAN. SUCH DISCHARGE
 PLAN SHALL:
   (A)  BE  DESIGNED  TO  ADDRESS  THE  UNIQUE  NEEDS  OF  THE WRONGFULLY
 CONVICTED INDIVIDUAL, INCLUDING, BUT NOT LIMITED  TO,  THE  INDIVIDUAL'S
 GEOGRAPHIC  LOCATION  UPON  RELEASE  FROM THE CUSTODY OF THE DEPARTMENT,
 HOUSING NEEDS, EDUCATIONAL NEEDS, EMPLOYMENT NEEDS, MEDICAL  NEEDS,  AND
 SPECIFIC SOCIAL SERVICE NEEDS.
   (B)  PROVIDE  ACCESS TO REENTRY SERVICES INCLUDING, BUT NOT BE LIMITED
 TO, CASE MANAGEMENT AND CONNECTIONS TO EMPLOYMENT SERVICES,  EDUCATIONAL
 SERVICES,  MENTAL  HEALTH  SERVICES, MEDICAL CARE, HOUSING SERVICES, AND
 OTHER SOCIAL SERVICES THAT MAY BE AVAILABLE TO SUCH WRONGFULLY CONVICTED
 INDIVIDUAL UPON THEIR RELEASE.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S7646

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Sponsored By

James Skoufis