BILL NUMBER:S2042

TITLE OF BILL:

An act to amend the correction law, in relation to increasing access
to substance abuse programming for prisoners whose first language is
not English

PURPOSE OR GENERAL IDEA OF BILL:

This bill would require the commissioner of corrections, in
consultation with the commissioner on Alcohol and substance Abuse
Services, to take steps to ensure that prisoners whose first language
is not English are able to access prison substance abuse programs. The
bill addresses the difficulty currently experienced by significant
numbers of inmates in understanding, participating and completing
prison substance abuse programs.

SUMMARY OF SPECIFIC PROVISIONS:

The bill amends Article 22 of the correction Law by adding subsection
624 requiring the commissioner of corrections, in consultation with
the commissioner on Alcohol and Substance Abuse services, to take
steps to ensure that prisoners whose first language is not English are
able to access prison substance abuse programs. Such steps may
include, but need not be limited to, increased employment of bilingual
              

substance abuse counselors and program staff, translation of program
content and materials, targeted programs for non-English speaking
prisoners, and other strategies determined by the commissioner in
consultation with the commissioner of alcohol and substance abuse
services.

JUSTIFICATION:

Ten percent of the state prison population, more than 6,000 inmates,
were born outside of the united states. Only twenty-eight (28) percent
of those prisoners come from countries where the dominant language is
English, fifty-four (54) percent come from countries where the
dominant language is Spanish, and eighteen (19) percent are from
countries that speak primarily Asian, European or other languages.
Twenty-five (26) percent of the state prison population, more than
16,000 inmates, are of Hispanic origin.  Hispanic inmates are housed
throughout the system, but the highest concentrations of Hispanic
inmates are housed in the Sullivan hub (33 percent) and New York city
hub (31 percent.)

The department of correctional services has recognized that it is
necessary to expand its capacity to address the needs of prisoners who
may have difficulty speaking and understanding program content
presented only in English. Substance abuse programs are of critical
importance to the Prisoner and to the community, as research
consistently shows that prison treatment programs reduce recidivism
and lower health care and social service costs upon re-entry to
society. Studies also show that prison treatment programs have a
significantly positive impact on inmate behavior, making our prisons
safer and more secure.


The Department of Correctional Services operates a variety of
substance abuse programs at an approximate cost of 20 million dollars
annually. Yet non-English speaking prisoners have difficulty
understanding, participating and completing these programs. Program
content and materials are presented in English; few substance abuse
counselors or program staff are bilingual. This bill would require the
Commissioner to take steps to address this problem, without imposing
specific methods or timeliness, thus preserving the flexibility of the
department to proceed incrementally and to develop strategies that
reflect both security and budgetary limitations. The bill calls for
the Commissioner of Corrections to consult with the Commissioner on
Alcohol and Substance Abuse Services in order to ensure that
strategies developed are evidence-based, effective and professionally
implemented.

PRIOR LEGISLATIVE HISTORY:

2009-2010 - S4367/A.7158 (Ortiz) reported and committed to finance

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.