S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2226

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. PEOPLES, ESPAILLAT, CLARK, SCARBOROUGH -- Multi-
  Sponsored by -- M. of  A.  BENJAMIN,  BOYLAND,  DIAZ,  GLICK,  GREENE,
  HEASTIE,  JACOBS,  LAVINE,  ROBINSON,  SCHROEDER, TITUS, TOWNS -- read
  once and referred to the Committee on Correction

AN ACT to amend the state finance law and the executive law, in relation
  to establishing the New York state justice reinvestment fund  and  the
  New  York  state justice reinvestment program; and making an appropri-
  ation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  state finance law is amended by adding a new section
99-q to read as follows:
  S 99-Q. NEW YORK STATE JUSTICE REINVESTMENT FUND. 1. THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AN ACCOUNT  TO
BE KNOWN AS THE NEW YORK STATE JUSTICE REINVESTMENT FUND.
  2.  SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL OTHER MONEYS CREDITED  OR  TRANSFERRED  TO  SUCH  FUND
PURSUANT  TO  LAW, ALL MONEYS REQUIRED BY THE PROVISIONS OF THIS SECTION
OR ANY OTHER LAW TO BE PAID INTO OR  CREDITED  TO  SUCH  FUND,  AND  ALL
MONEYS RECEIVED BY THE FUND OR DONATED TO IT.
  3.  MONEYS OF SUCH FUND SHALL BE AVAILABLE FOR APPROPRIATION AND ALLO-
CATION TO THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  FOR  PURPOSES  OF
DISTRIBUTING  SUCH  MONEYS  TO  QUALIFIED ENTITIES OF THE NEW YORK STATE
JUSTICE  REINVESTMENT  PROGRAM  PURSUANT  TO   SECTION   EIGHT   HUNDRED
FORTY-FOUR-C OF THE EXECUTIVE LAW.
  4.  MONEYS  SHALL  BE  PAID  OUT ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF  CRIMI-
NAL JUSTICE SERVICES.
  S  2.  The  executive  law is amended by adding a new section 844-c to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01480-01-9
              

A. 2226                             2

  S 844-C. NEW YORK STATE JUSTICE REINVESTMENT PROGRAM. 1.  CREATION AND
PURPOSES. THE COMMISSIONER SHALL ESTABLISH WITHIN  THE  DIVISION  A  NEW
YORK  STATE  JUSTICE REINVESTMENT PROGRAM. THE PURPOSE OF THE PROGRAM IS
TO HAVE STATE AND LOCAL CRIMINAL JUSTICE AGENCIES,  AND  AS  PART  OF  A
LARGER  EFFORT INCLUDING COURTS, DISTRICT ATTORNEYS AND CRIMINAL DEFENSE
OFFICES, TO WORK IN PARTNERSHIP WITH  NOT-FOR-PROFIT  ORGANIZATIONS  AND
FAITH-BASED  ORGANIZATIONS  IN  THE  COMMUNITY  ON ISSUES SUCH AS INMATE
RE-ENTRY INTO THE COMMUNITY, INCARCERATION ALTERNATIVES, FAMILY  SUPPORT
PROGRAMS FOR OFFENDERS AND EX-OFFENDERS, AS WELL AS OTHER ISSUES RELATED
TO IMPROVING THE ROLE OF THE CRIMINAL JUSTICE SYSTEM IN OUR COMMUNITIES.
  2.  QUALIFIED  ENTITY.  (A)  A  QUALIFIED  ENTITY  SHALL  BE  EITHER A
NOT-FOR-PROFIT ORGANIZATION OR FAITH-BASED ORGANIZATION PROVIDING ONE OR
MORE OF THE FOLLOWING SERVICES:
  (I) RE-ENTRY SUPPORT FOR INMATES RETURNING TO THE  COMMUNITY,  INCLUD-
ING, BUT NOT LIMITED TO JOB DEVELOPMENT AND HOUSING ASSISTANCE;
  (II)  INCARCERATION ALTERNATIVES, INCLUDING, BUT NOT LIMITED TO COMMU-
NITY SERVICE PROGRAMS, COMMUNITY YOUTH COURT, ALTERNATIVE HIGH  SCHOOLS,
SERVICE-ENRICHED  SUPPORTIVE  HOUSING AND COMMUNITY BASED DRUG TREATMENT
PROGRAMS;
  (III)   FAMILY   SUPPORT,    INCLUDING,    BUT    NOT    LIMITED    TO
FATHERHOOD/PARENTING PROGRAMS, FOR OFFENDERS AND EX-OFFENDERS; AND
  (IV)  COMMUNITY  BASED  COLLABORATIVE  PROGRAMS  WITH CRIMINAL JUSTICE
AGENCIES.
  (B) A QUALIFIED ENTITY SHALL BE LOCATED IN COMMUNITIES  WHICH  HAVE  A
HIGHER  THAN  NORMAL  CONCENTRATION  OF  OFFENDERS  AND EX-OFFENDERS, AS
DETERMINED BY THE COMMISSIONER.
  (C) A QUALIFIED ENTITY'S SERVICES SHALL HAVE  A  PRIMARY  EMPHASIS  ON
COMMUNITIES  WHICH  HAVE A HIGHER THAN NORMAL CONCENTRATION OF OFFENDERS
AND EX-OFFENDERS, AS DETERMINED BY THE COMMISSIONER.
  (D) A QUALIFIED ENTITY SHALL SUBMIT A STRATEGIC PLAN  TO  THE  COMMIS-
SIONER DETAILING HOW THE APPLICANT'S PROGRAM WILL REDUCE CRIME AND RECI-
DIVISM  IN COMMUNITIES WITH A HIGHER THAN NORMAL CONCENTRATION OF OFFEN-
DERS AND EX-OFFENDERS, AS DETERMINED BY THE COMMISSIONER.
  3. APPLICATION. ANY QUALIFIED ENTITY SEEKING FUNDS FROM  THE  DIVISION
SHALL  FILE AN APPLICATION, AS DETERMINED BY THE COMMISSIONER. ALL FUNDS
AUTHORIZED PURSUANT TO THIS SUBDIVISION SHALL BE PAID FROM THE NEW  YORK
STATE JUSTICE REINVESTMENT FUND IN ACCORDANCE WITH SECTION NINETY-NINE-Q
OF THE STATE FINANCE LAW.
  4.  RESPONSIBILITIES  OF  THE COMMISSIONER. (A) THE COMMISSIONER SHALL
PROMULGATE RULES AND REGULATIONS FOR THE APPLICATION OF GRANT MONEY FROM
THE NEW YORK STATE JUSTICE REINVESTMENT FUND.
  (B) THE COMMISSIONER SHALL DESIGNATE QUALIFIED ENTITIES BASED  ON  THE
APPLICATION CRITERIA ESTABLISHED BY THIS SECTION AND ADDITIONAL CRITERIA
AS DETERMINED BY THE COMMISSIONER.
  S  3. The sum of ten million dollars ($10,000,000), or so much thereof
as may be necessary, is  hereby  appropriated  to  the  New  York  state
justice  reinvestment  fund from the general fund, for administration of
grants to qualified  entities  selected  by  the  division  of  criminal
justice services.
  S 4. This act shall take effect immediately.