NY State Senate Bill 2009-S1352

Senate Bill S1352

2009-2010 Legislative Session

Provides for notice of availability of services to prisoners upon their release from state prison

download bill text pdf

Archive: Last 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 24, 2010	amended on third reading 1352b
Mar 15, 2010	amended on third reading 1352a
Feb 08, 2010	advanced to third reading
Feb 02, 2010	2nd report cal.
Feb 01, 2010	1st report cal.72
Jan 06, 2010	referred to crime victims, crime and correction
Jul 16, 2009	committed to rules
Feb 25, 2009	advanced to third reading
Feb 24, 2009	2nd report cal.
Feb 23, 2009	1st report cal.47
Jan 28, 2009	referred to crime victims, crime and correction

Votes

- Feb 1, 2010 - Crime Victims, Crime And Correction Committee Vote
  S1352
  
  7
  
  Aye
  
  2
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Feb 1, 2010
      
      aye (7)
      
      Aubertine
      
      Duane
      
      Hassell-Thompson
      
      Kruger
      
      Montgomery
      
      Sampson
      
      Serrano
      
      nay (2)
      
      Golden
      
      Nozzolio
      
      aye wr (5)
      
      Foley
      
      Little
      
      Maziarz
      
      Volker
      
      Winner

Bill Amendments

Original

B (Active)

2009-S1352 - Details

Law Section:: Correction Law
Laws Affected:: Add §75, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1284
2013-2014: S1353

2009-S1352 - Summary

Provides for notice by commissioner of correctional services of availability of medical, educational and other services, including alcohol and substance abuse treatment, to prisoners upon their release from state prison.

2009-S1352 - Sponsor Memo

                                 BILL NUMBER:  S1352

 TITLE OF BILL :
An act to amend the correction law, in relation to services for
inmates of state correctional facilities upon their release therefrom


 PURPOSE :
Provides for notice of availability of services to prisoners upon
their release from state prison and for the making of arrangements
thereof.

 SUMMARY OF PROVISIONS :
The correction law is amended by adding a new section 75, that will
require an exit interview for all inmates, to alert them to special
programs in their communities such as medical services, education,
alcohol or substance abuse treatment or mental health services.

 JUSTIFICATION :
In light of the fact that New York State is currently facing a
tuberculosis epidemic in its correctional facilities that is fueled by
poverty, homelessness and AIDS, it must become the primary charge of
this legislature to protect its civilian populations against this and
any other contagions.

This proposed legislation addresses the critical need for prisoners,

one in five of which is HIV infected and nearly that same proportion
tests positive for tuberculosis, to be made aware of the health and
educational services available to them in the communities they plan to
re-enter upon release. This action is necessary to both aid the
affected individual and to prohibit the escalation of epidemics
amongst our civilian populations as well. Epidemics will not be
restricted to urban centers. A recent study conducted by the Centers
for Disease Control found that 13 states-including Hawaii, Arizona and
Washington have recorded cases of Multi-drug resistant (MDR)
tuberculosis, during the first quarter of 1991 alone (MDR, was once
considered rare). So far, 90% of the cases have involved people with
HIV or AIDS. But, there is no reason to assume they are the only
individuals contracting the infection. Some of today's sufferers are
undoubtedly passing their airborne drug-resistant germs on to others.
In the past year alone, MDR bacteria has swept through two prisons and
several hospitals in New York and Florida, killing a guard, a dozen
inmates and scores of patients.

Another study, which was conducted by Harlem Hospital also illustrates
the critical need for this legislation. Harlem Hospital found that
only 11 of the unsupervised TB patients they studied completed
treatment once they were discharged. A staggering 89% drifted off
their pills and 27 were sick again within a year. We venture to guess
that these statistics will ring true for prisoners as well. It must be
our resolve to put soon-to-be released prisoners in touch with the
essential programs and services that will aid them and safeguard the
community against further injurious strains and swelling epidemics.

The focus of the New York correctional program has been geared toward
rehabilitation. To that end the state has developed a number of
programs for inmates and recently released offenders. Unfortunately,
many people are not aware of the programs that exist for them upon
release. To rectify this situation this bill proposes the
establishment of a formal exit interview to inform the inmates of
programs that exist in his/her community and where possible assist the
inmate in making arrangements to enter these programs.  This bill is
not intended to impede or delay the release of any individual, its
primary function is to assist individuals in obtaining the necessary
treatment and to help curb the spread of disease in New York.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :
Minimal.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2009-S1352 - Bill Text download pdf

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

                                  1352

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT to amend the correction law, in relation to services for inmates
  of state correctional facilities upon their release therefrom

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

  Section 1. The correction law is amended by adding a new section 75 to
read as follows:
  S 75. SERVICES FOR INMATES OF STATE CORRECTIONAL FACILITIES UPON THEIR
RELEASE.  1. PRIOR TO THE RELEASE OF AN INMATE FROM A STATE CORRECTIONAL
FACILITY ON ACCOUNT OF A PARDON, PAROLE, CONDITIONAL RELEASE,  TEMPORARY
RELEASE,  OR  DISCHARGE UPON EXPIRATION OF MAXIMUM SENTENCE, THE COMMIS-
SIONER SHALL NOTIFY THE INMATE OF ANY SERVICES AVAILABLE TO  THE  INMATE
IN  THE  PLACE  WHERE  THE  INMATE INTENDS TO RESIDE FOR ANY PROBLEMS OR
NEEDS THAT THE INMATE MAY HAVE, OF  WHICH  THE  COMMISSIONER  IS  AWARE,
INCLUDING, BUT NOT LIMITED TO, TREATMENT OF AIDS OR ANY OTHER COMMUNICA-
BLE  DISEASE DESIGNATED AS DANGEROUS PURSUANT TO PARAGRAPH (H) OF SUBDI-
VISION FIVE OF SECTION TWO HUNDRED TWENTY-FIVE OF THE PUBLIC HEALTH LAW,
OTHER HOSPITAL OR MEDICAL  SERVICES,  EDUCATION,  ALCOHOL  OR  SUBSTANCE
ABUSE TREATMENT, OR MENTAL HEALTH SERVICES.
  2. THE COMMISSIONER SHALL CONSULT WITH, AND BE ENTITLED TO RECEIVE THE
ASSISTANCE OF, THE COMMISSIONERS OF EDUCATION, HEALTH, AND THE OFFICE OF
TEMPORARY  AND  DISABILITY  ASSISTANCE  AND  THE HEADS OF THE OFFICES OR
COMMISSIONS WITHIN THE DEPARTMENT OF MENTAL HEALTH IN THE IMPLEMENTATION
OF THIS PROGRAM.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary for the implementation of the foregoing section of this act on
its  effective  date is authorized and directed to be made and completed
on or before such effective date.

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

                                                           LBD01359-01-9

co-Sponsors

2009-S1352A - Details

Law Section:: Correction Law
Laws Affected:: Add §75, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1284
2013-2014: S1353

2009-S1352A - Summary

2009-S1352A - Sponsor Memo

2009-S1352A - Bill Text download pdf

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

                                 1352--A
    Cal. No. 72

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction in accordance with Senate Rule 6, sec. 8 -- reported favor-
  ably  from said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the correction law, in relation to services for  inmates
  of state correctional facilities upon their release therefrom

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

  Section 1. The correction law is amended by adding a new section 75 to
read as follows:
  S 75. NOTICE  OF  TRANSITIONAL  SERVICES  FOR  INMATES  RELEASED  FROM
CORRECTIONAL  FACILITIES.  1.  PRIOR  TO THE RELEASE OF AN INMATE FROM A
CORRECTIONAL FACILITY, THE DEPARTMENT SHALL  PROVIDE  SUCH  INMATE  WITH
INFORMATION  ON  TRANSITIONAL  SERVICES  AVAILABLE IN THE COUNTY OR CITY
WHERE SUCH INMATE IS SCHEDULED TO BE RELEASED.  SUCH  INFORMATION  SHALL
INCLUDE  REFERRALS  TO  PROGRAMS  DESIGNED TO PROMOTE THE SUCCESSFUL AND
PRODUCTIVE REENTRY AND REINTEGRATION OF AN INMATE INTO SOCIETY INCLUDING
MEDICAL AND MENTAL HEALTH SERVICES, EDUCATIONAL, VOCATIONAL AND  EMPLOY-
MENT   SERVICES,  ALCOHOL  OR  SUBSTANCE  ABUSE  TREATMENT  AND  HOUSING
SERVICES. THE DEPARTMENT SHALL MAINTAIN A CURRENT LIST  OF  TRANSITIONAL
SERVICES WHICH SHALL BE UPDATED NO LESS THAN ANNUALLY IN ORDER TO EFFEC-
TUATE THE PURPOSES OF THIS SECTION.
  2. THE COMMISSIONER SHALL CONSULT WITH, AND BE ENTITLED TO RECEIVE THE
ASSISTANCE  OF,  THE  COMMISSIONERS  OF EDUCATION, LABOR, HEALTH, MENTAL
HEALTH AND THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE  IN  THE
IMPLEMENTATION  OF THIS SECTION. THE DIVISION OF PAROLE SHALL ASSIST THE
DEPARTMENT IN ANY MANNER NECESSARY  TO  ENSURE  THAT  THE  PURPOSES  AND
OBJECTIVES OF THIS SECTION ARE EFFECTIVELY ACCOMPLISHED.

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

                                                           LBD01359-03-0

S. 1352--A                          2

  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its  effective  date is authorized and directed to be made and completed
on or before such effective date.

co-Sponsors

2009-S1352B (ACTIVE) - Details

Law Section:: Correction Law
Laws Affected:: Add §75, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1284
2013-2014: S1353

2009-S1352B (ACTIVE) - Summary

2009-S1352B (ACTIVE) - Sponsor Memo

2009-S1352B (ACTIVE) - Bill Text download pdf

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

                                 1352--B
    Cal. No. 72

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced by Sens. DUANE, MONTGOMERY -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Crime Victims,
  Crime and Correction -- recommitted to the Committee on Crime Victims,
  Crime and Correction in accordance with  Senate  Rule  6,  sec.  8  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT to amend the correction law, in relation to services for inmates
  of state correctional facilities upon their release therefrom

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

  Section 1. The correction law is amended by adding a new section 75 to
read as follows:
  S  75.  NOTICE  OF  TRANSITIONAL  SERVICES  FOR  INMATES RELEASED FROM
CORRECTIONAL FACILITIES. 1. PRIOR TO THE RELEASE OF  AN  INMATE  FROM  A
CORRECTIONAL  FACILITY,  THE  DEPARTMENT  SHALL PROVIDE SUCH INMATE WITH
INFORMATION ON TRANSITIONAL SERVICES AVAILABLE IN  THE  COUNTY  OR  CITY
WHERE  SUCH  INMATE  IS SCHEDULED TO BE RELEASED. SUCH INFORMATION SHALL
INCLUDE REFERRALS TO PROGRAMS DESIGNED TO  PROMOTE  THE  SUCCESSFUL  AND
PRODUCTIVE REENTRY AND REINTEGRATION OF AN INMATE INTO SOCIETY INCLUDING
MEDICAL  AND  MENTAL  HEALTH  SERVICES,  HIV/AIDS SERVICES, EDUCATIONAL,
VOCATIONAL AND EMPLOYMENT SERVICES, ALCOHOL OR SUBSTANCE ABUSE TREATMENT
AND HOUSING SERVICES. THE DEPARTMENT SHALL MAINTAIN A  CURRENT  LIST  OF
TRANSITIONAL  SERVICES  WHICH  SHALL BE UPDATED NO LESS THAN ANNUALLY IN
ORDER TO EFFECTUATE THE PURPOSES OF THIS SECTION.
  2. THE COMMISSIONER SHALL CONSULT WITH, AND BE ENTITLED TO RECEIVE THE
ASSISTANCE OF, THE COMMISSIONERS OF  EDUCATION,  LABOR,  HEALTH,  MENTAL
HEALTH  AND  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE IN THE
IMPLEMENTATION OF THIS SECTION. THE DIVISION OF PAROLE SHALL ASSIST  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01359-04-0

S. 1352--B                          2

DEPARTMENT  IN  ANY  MANNER  NECESSARY  TO  ENSURE THAT THE PURPOSES AND
OBJECTIVES OF THIS SECTION ARE EFFECTIVELY ACCOMPLISHED.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its effective date is authorized and directed to be made  and  completed
on or before such effective date.

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Senate Bill S1352

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Sponsored By

Thomas K. Duane

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

2009-S1352 - Details

2009-S1352 - Summary

2009-S1352 - Sponsor Memo

2009-S1352 - Bill Text download pdf

co-Sponsors

Velmanette Montgomery

2009-S1352A - Details

2009-S1352A - Summary

2009-S1352A - Sponsor Memo

2009-S1352A - Bill Text download pdf

co-Sponsors

Velmanette Montgomery

2009-S1352B (ACTIVE) - Details

2009-S1352B (ACTIVE) - Summary

2009-S1352B (ACTIVE) - Sponsor Memo

2009-S1352B (ACTIVE) - Bill Text download pdf

Comments