S T A T E O F N E W Y O R K
________________________________________________________________________
107--A
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. MONTGOMERY, HASSELL-THOMPSON -- read twice and
ordered printed, and when printed to be committed to the Committee on
Crime Victims, Crime and Correction -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the correction law, in relation to providing inmates
with the opportunity to obtain a general equivalency diploma
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 136 of the correction law, as amended by chapter 98
of the laws of 2007, is amended to read as follows:
S 136. Correctional education. 1. The objective of correctional educa-
tion in its broadest sense should be the socialization of the inmates
through varied impressional and expressional activities, with emphasis
on individual inmate needs. The objective of this program shall be the
return of these inmates to society with a more wholesome attitude toward
living, with a desire to conduct themselves as good citizens, and with
the skill and knowledge which will give them a reasonable chance to
maintain themselves and their dependents through honest labor. To this
end each inmate shall be given a program of education which, on the
basis of available data, seems most likely to further the process of
socialization and rehabilitation. Provided that, the commissioner, in
consultation with the commissioner of education, shall develop a curric-
ula for and require provision of an education program to all inmates, on
a periodic basis, on the consequences and prevention of shaken baby
syndrome which may include the viewing of a video presentation thereon.
The time daily devoted to such education shall be such as is required
for meeting the above objectives. The director of education, subject to
the direction of the commissioner and after consultation with the
commissioner of education, shall develop the curricula and the education
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01524-03-1
S. 107--A 2
programs that are required to meet the special needs of each correction-
al facility in the department. The commissioner of education, in [co-op-
eration] COOPERATION with the commissioner and the director of educa-
tion, shall set up the educational requirements for the certification of
teachers in all such correctional facilities. Such educational require-
ments shall be sufficiently broad and comprehensive to include training
in penology, sociology, psychology, philosophy, in the special subjects
to be taught, and in any other professional courses as may be deemed
necessary by the responsible officers, and shall include training relat-
ing to the consequences and prevention of shaken baby syndrome which may
include the viewing of a video presentation thereon. No certificates for
teaching service in the state institutions shall be issued unless a
minimum of four years of training beyond the high school has been
secured, or an acceptable equivalent. Existing requirements for the
certification of teachers in the institutions shall continue in force
until changed pursuant to the provisions of this section.
2. ALL INMATES ADMITTED TO THE DEPARTMENT SERVING A DETERMINATE TERM
OF IMPRISONMENT, OR AN INDETERMINATE SENTENCE OF IMPRISONMENT OTHER THAN
A SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE, WHO HAVE BEEN EVALUATED
UPON ADMISSION PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED THIR-
TY-SEVEN OF THIS ARTICLE AND ARE DETERMINED TO BE CAPABLE OF SUCCESSFUL-
LY COMPLETING THE ACADEMIC COURSE WORK REQUIRED FOR A GENERAL EQUIVALEN-
CY DIPLOMA, SHALL BE PROVIDED WITH THE OPPORTUNITY TO COMPLETE SUCH
COURSE WORK AT LEAST TWO MONTHS PRIOR TO THE DATE ON WHICH SUCH INMATE
MAY BE PAROLED, CONDITIONALLY RELEASED, RELEASED TO POST RELEASE SUPER-
VISION PURSUANT TO SECTION 70.40 OF THE PENAL LAW, OR PRESUMPTIVELY
RELEASED, PURSUANT TO SECTION EIGHT HUNDRED THREE OF THIS CHAPTER. UPON
ADMISSION TO THE DEPARTMENT, SUCH INMATES WILL BE PROVIDED WITH WRITTEN
NOTICE THAT GENERAL EQUIVALENCY PROGRAMS ARE AVAILABLE FOR ALL INMATES
WHO SO APPLY.
3. THE DEPARTMENT SHALL ENSURE THAT ACADEMIC EDUCATION PROGRAMS WHICH
PROVIDE THE APPROPRIATE CURRICULUM AND CERTIFIED ACADEMIC STAFF FOR
GENERAL EQUIVALENCY DIPLOMA INSTRUCTION ARE AVAILABLE AT ALL CORRECTION-
AL FACILITIES HOUSING INMATES WHO ARE ELIGIBLE AS SPECIFIED IN SUBDIVI-
SION TWO OF THIS SECTION. THE DEPARTMENT SHALL PROVIDE ACADEMIC STAFF
WHO ARE QUALIFIED TO PROVIDE SUCH INSTRUCTION AND WHO ARE MEMBERS OF THE
COMPETITIVE CLASS OF THE CIVIL SERVICE OF NEW YORK STATE. THE DEPARTMENT
SHALL PROVIDE SUFFICIENT STAFF AT EACH CORRECTIONAL FACILITY WHERE
ELIGIBLE INMATES ARE CONFINED TO ENSURE A CLASSROOM RATIO OF TWENTY
INMATES FOR EACH GENERAL EQUIVALENCY DIPLOMA INSTRUCTOR. THE DEPARTMENT
SHALL DEVELOP A PLAN FOR IMPLEMENTATION OF THE GENERAL EQUIVALENCY
DIPLOMA REQUIREMENT WHICH SHALL BE PRESENTED TO THE ASSEMBLY STANDING
COMMITTEE ON CORRECTION AND THE SENATE STANDING COMMITTEE ON CRIME
VICTIMS, CRIME AND CORRECTION ON OR BEFORE APRIL FIRST, TWO THOUSAND
FOURTEEN.
S 2. This act shall take effect three years after it shall have become
a law; provided, however, that 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 and
directed to be made and completed on or before such effective date.