S T A T E O F N E W Y O R K
________________________________________________________________________
10763
I N A S S E M B L Y
July 9, 2020
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hevesi) --
read once and referred to the Committee on Correction
AN ACT to amend the social services law, the correction law and the
public housing law, in relation to programs, supports and services for
individuals being released from state and local correctional facili-
ties; and providing for the repeal of such provisions upon expiration
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 158 of the social services law, as
amended by section 44 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
4. (A) Social services officials shall determine eligibility for safe-
ty net assistance within forty-five days of receiving an application for
safety net assistance. Such officials shall notify applicants of safety
net assistance about the availability of assistance to meet emergency
circumstances or to prevent eviction.
(B) WHEN A LOCAL SOCIAL SERVICES DISTRICT IS IDENTIFIED AS THE
DISTRICT OF RESIDENCE FOR AN INDIVIDUAL BEING RELEASED FROM A STATE OR
LOCAL CORRECTIONAL FACILITY, SUCH DISTRICT SHALL ACCEPT AN APPLICATION
FOR SAFETY NET ASSISTANCE FORTY-FIVE DAYS PRIOR TO SUCH INDIVIDUAL'S
EARLIEST EXPECTED RELEASE DATE.
§ 2. Subparagraph (iv) of paragraph (a) of subdivision 1 of section
209 of the social services law, as amended by section 4 of part E of
chapter 57 of the laws of 2012, is amended to read as follows:
(iv) is a resident of the state and is either a citizen of the United
States or is not an alien who is or would be ineligible for federal
supplemental security income benefits solely by reason of alien status.
PROVIDED HOWEVER, AN INDIVIDUAL INCARCERATED IN A STATE OR LOCAL CORREC-
TIONAL FACILITY, WITH THE INTENTION OF RESIDING IN THE STATE OF NEW YORK
UPON THEIR RELEASE, SHALL BE ELIGIBLE TO APPLY FOR STATE SUPPLEMENTAL
PAYMENTS AT LEAST NINETY DAYS PRIOR TO THEIR EARLIEST EXPECTED RELEASE
DATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16789-01-0
A. 10763 2
§ 3. Subdivision 2 of section 112 of the correction law, as amended by
section 19 of subpart A of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
2. The commissioner shall have the management and control of persons
released on community supervision and of all matters relating to such
persons' effective reentry into the community, as well as all contracts
and fiscal concerns thereof. The commissioner shall have the power and
it shall be his or her duty to inquire into all matters connected with
said community supervision. The commissioner shall make such rules and
regulations, not in conflict with the statutes of this state, for the
governance of the officers and other employees of the department
assigned to said community supervision, and in regard to the duties to
be performed by them, as he or she deems proper and shall cause such
rules and regulations to be furnished to each employee assigned to
perform community supervision. The commissioner shall also prescribe a
system of accounts and records to be kept, which shall be uniform. The
commissioner shall also make rules and regulations for a record of
photographs and other means of identifying each inmate released to
community supervision. The commissioner shall appoint officers and other
employees of the department who are assigned to perform community super-
vision. EACH INCARCERATED INDIVIDUAL SHALL BE ELIGIBLE TO APPLY FOR
SAFETY NET ASSISTANCE, SUPPLEMENTAL SECURITY INCOME AND STATE SUPPLE-
MENTAL PAYMENTS PRIOR TO THEIR EARLIEST EXPECTED RELEASE DATE IN ACCORD-
ANCE WITH SECTION ONE HUNDRED FIFTY-EIGHT OF THE SOCIAL SERVICES LAW, 42
USC § 1383 AND SECTION TWO HUNDRED NINE OF THE SOCIAL SERVICES LAW,
RESPECTIVELY. THE DEPARTMENT SHALL PROVIDE ASSISTANCE IN COMPLETING AND
FILING SUCH APPLICATIONS AND MAY CONTRACT WITH NOT-FOR-PROFIT PROVIDERS
WITH EXPERIENCE ASSISTING INDIVIDUALS DURING THE APPLICATION AND APPEALS
PROCESSES OF SUCH BENEFITS TO PROVIDE INCARCERATED INDIVIDUALS WITH
ASSISTANCE COMPLETING APPLICATIONS FOR SUCH BENEFITS.
§ 4. The correction law is amended by adding a new section 500-q to
read as follows:
§ 500-Q. REENTRY SERVICES. EACH INCARCERATED INDIVIDUAL SHALL BE
ELIGIBLE TO APPLY FOR SAFETY NET ASSISTANCE, SUPPLEMENTAL SECURITY
INCOME AND STATE SUPPLEMENTAL PAYMENTS PRIOR TO THEIR EARLIEST EXPECTED
RELEASE DATE IN ACCORDANCE WITH SECTION ONE HUNDRED FIFTY-EIGHT OF THE
SOCIAL SERVICES LAW, 42 USC § 1383 AND SECTION TWO HUNDRED NINE OF THE
SOCIAL SERVICES LAW, RESPECTIVELY. THE CHIEF ADMINISTRATIVE OFFICER OR
OTHER PERSON IN CHARGE OF A LOCAL CORRECTIONAL FACILITY SHALL PROVIDE
ASSISTANCE IN COMPLETING AND FILING SUCH APPLICATIONS AND MAY CONTRACT
WITH NOT-FOR-PROFIT PROVIDERS WITH EXPERIENCE ASSISTING INDIVIDUALS
DURING THE APPLICATION AND APPEALS PROCESSES FOR SUCH BENEFITS TO
PROVIDE INCARCERATED INDIVIDUALS WITH ASSISTANCE IN COMPLETING APPLICA-
TIONS FOR SUCH BENEFITS.
§ 5. The public housing law is amended by adding a new section 223-c
to read as follows:
§ 223-C. HOUSING POLICIES REGARDING PERSONS WITH CRIMINAL RECORDS. ALL
AUTHORITIES SHALL CREATE POLICIES REGARDING THE ELIGIBILITY OF PERSONS
WITH CRIMINAL CONVICTIONS THAT CONFORM WITH TITLE 42, § 13661 OF THE
UNITED STATES CODE AND ANY RELEVANT GUIDANCE DEVELOPED BY THE OFFICE OF
PUBLIC AND INDIAN HOUSING OF THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT. SUCH POLICY SHALL: (A) NOT CONTAIN A ONE-STRIKE RULE
UNLESS REQUIRED BY FEDERAL LAW OR REGULATION; (B) PROHIBIT THE USE OF
ARREST RECORDS WHEN MAKING A HOUSING DECISION; (C) ONLY USE CRIMINAL
RECORDS IN HOUSING DECISIONS IF REQUIRED BY FEDERAL LAW OR REGULATION;
AND (D) PROVIDE FOR ADMISSION OR REINTEGRATION OF ALL PERSONS WITH CRIM-
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INAL RECORDS UNLESS SUCH ADMISSION OR REINTEGRATION WAS PROHIBITED BY
ANOTHER STATE OR FEDERAL LAW, OR IF THE PUBLIC HOUSING AUTHORITY DETER-
MINES WITH PARTICULARITY THAT THE PERSON WOULD ADVERSELY AFFECT THE
HEALTH, SAFETY, OR RIGHT TO PEACEFUL ENJOYMENT OF THE PREMISES BY OTHER
RESIDENTS, THE OWNER, OR PUBLIC HOUSING AGENCY EMPLOYEES. IF AN AUTHORI-
TY ALREADY HAS SUCH POLICY, IT SHALL BE AMENDED TO MEET THE REQUIREMENTS
OF THIS SECTION. FOR THE PURPOSES OF THIS SECTION, A "HOUSING DECISION"
SHALL INCLUDE ANY DECISION REGARDING ADMISSION, EVICTION, ACCESS TO
ASSISTANCE, OR TERMINATION OF ASSISTANCE. NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO REQUIRE AN AUTHORITY TO ADMIT, PROVIDE ASSISTANCE, OR
NOT EVICT A PERSON WITH A CRIMINAL CONVICTION IF THE AUTHORITY DETER-
MINES WITH PARTICULARITY THAT THE PERSON WOULD ADVERSELY AFFECT THE
HEALTH, SAFETY, OR RIGHT TO PEACEFUL ENJOYMENT OF THE PREMISES BY OTHER
RESIDENTS, THE OWNER, OR PUBLIC HOUSING AGENCY EMPLOYEES.
§ 6. The correction law is amended by adding a new section 71-b to
read as follows:
§ 71-B. REINTEGRATION PILOT PROGRAM. 1. THE DEPARTMENT, IN COLLAB-
ORATION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE
OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS SHALL ESTABLISH AND CONDUCT A FIVE YEAR REINTEGRATION PILOT
PROGRAM TO HELP ENSURE INCARCERATED INDIVIDUALS WITHIN THE CORRECTIONAL
FACILITIES RECEIVE THE SUPPORTS AND SERVICES NECESSARY TO MEANINGFULLY
PREPARE FOR THEIR RELEASE WHILE STILL INCARCERATED, ASSIST INDIVIDUALS
TO REINTEGRATE INTO THE COMMUNITY UPON RELEASE AND REDUCE RECIDIVISM.
SUCH PILOT PROGRAM SHALL BE CONDUCTED IN THREE CORRECTIONAL FACILITIES,
ONE FEMALE AND TWO MALE FACILITIES, SELECTED BY THE DEPARTMENT, TAKING
INTO CONSIDERATION ADEQUATE GEOGRAPHIC DISTRIBUTION WITHIN THE STATE AS
WELL AS AVAILABILITY OF SUFFICIENT LINKS TO SUPPORTS AND SERVICES
REQUIRED BY THIS SECTION. FOR PURPOSES OF THIS PILOT PROGRAM, THERE
SHALL BE AT LEAST ONE HUNDRED INCARCERATED INDIVIDUALS WHO ON A VOLUN-
TARY BASIS REQUEST PLACEMENT IN THE PILOT PROGRAM. UPON ADMISSION TO THE
PROGRAM, EACH INCARCERATED INDIVIDUAL SHALL RECEIVE AN IN-DEPTH SCREEN-
ING AND ASSESSMENT TO DETERMINE THEIR SPECIFIC NEEDS AS RELATING TO,
INCLUDING BUT NOT LIMITED TO, MENTAL HEALTH AND SUBSTANCE USE DISORDER
SERVICES, EDUCATIONAL NEEDS AND JOB READINESS. IN ADDITION TO AN
IN-DEPTH SCREENING AND ASSESSMENT, PARTICIPANTS IN THE PILOT PROGRAM
SHALL ALSO BE LINKED WITH NOT-FOR-PROFIT ORGANIZATIONS AND PEER TO PEER
ENGAGEMENT OPPORTUNITIES TO ASSIST WITH THE INDIVIDUAL'S REINTEGRATION
PLANNING. THIS SHALL OCCUR NO LESS THAN NINETY DAYS PRIOR TO THEIR
EXPECTED RELEASE DATE AND SHALL CONSIST OF, BUT NOT BE LIMITED TO,
ASSISTANCE APPLYING FOR PUBLIC BENEFITS, REFERRALS AND LINKS TO MENTAL
HEALTH AND/OR SUBSTANCE USE DISORDER SERVICE PROVIDERS IF APPLICABLE,
CONNECTIONS TO EMPLOYMENT OPPORTUNITIES AS WELL AS JOB TRAINING PROGRAMS
IF APPROPRIATE, ASSISTANCE FINDING AVAILABLE STABLE HOUSING OPTIONS TO
BE AVAILABLE UPON RELEASE AND GENERAL SUPPORTS AND SERVICES THAT MAY BE
HELPFUL FOR AN INDIVIDUAL REINTEGRATING BACK INTO THE COMMUNITY.
2. UPON RELEASE FROM THE CORRECTIONAL FACILITY, INDIVIDUALS WILL
CONTINUE TO RECEIVE SUPPORTS AND SERVICES, AS NEEDED, FOR AN ADDITIONAL
SIX MONTHS, TO ENSURE THE INDIVIDUAL'S SUCCESSFUL REINTEGRATION INTO THE
COMMUNITY. SUCH SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO, CONNECT-
ING INDIVIDUALS TO HEALTH AND BEHAVIORAL HEALTH SERVICES, AS APPROPRI-
ATE, ASSISTANCE ENSURING COMPLIANCE WITH ANY PAROLE OR COURT MANDATED
ACTIVITIES, CONNECTIONS TO EMPLOYMENT OPPORTUNITIES BASED ON THEIR
SKILLS IDENTIFIED WHILE INCARCERATED AND ASSISTANCE ACQUIRING STABLE
AFFORDABLE HOUSING. THE COLLABORATING AGENCIES SHALL CONTRACT WITH NOT-
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FOR-PROFIT PROVIDERS TO EFFECTUATE THE REQUIREMENTS SPECIFIED IN THIS
SECTION.
3. THE COMMISSIONER, IN CONSULTATION WITH APPROPRIATE COMMUNITY ORGAN-
IZATIONS, SHALL SUBMIT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SECTION, AND ANNUALLY THEREAFTER, A REPORT TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE
EFFECTIVENESS OF THIS PILOT PROGRAM. SUCH REPORTS SHALL INCLUDE AN ANAL-
YSIS OF THE OUTCOMES OF THE PILOT PROGRAM AND RECOMMENDATIONS FOR
CONTINUED EFFORTS TO MEANINGFULLY PREPARE INCARCERATED INDIVIDUALS FOR
THEIR RELEASE WHILE STILL INCARCERATED, ASSIST INDIVIDUALS TO REINTE-
GRATE INTO THE COMMUNITY UPON RELEASE AND REDUCE RECIDIVISM. SUCH INFOR-
MATION PROVIDED IN THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
INFORMATION ON THE TYPES OF CONVICTIONS OF INCARCERATED INDIVIDUALS
PARTICIPATING IN THE PILOT PROGRAM; THE SPECIFIC TYPES OF SERVICES THAT
WERE PROVIDED WHILE INCARCERATED AS WELL AS UPON RELEASE; THE OUTCOMES
AND EFFECTIVENESS, TO THE EXTENT IT IS KNOWN, OF SUCH SERVICES PROVIDED;
WHETHER PARTICIPANTS IN THE PILOT PROGRAM WERE ABLE TO FIND STABLE
AFFORDABLE HOUSING AND/OR EMPLOYMENT DURING THEIR PARTICIPATION IN THE
PILOT PROGRAM AND ANY BARRIERS THAT MAY HAVE CONTRIBUTED TO THEIR
INABILITY TO FIND HOUSING AND/OR EMPLOYMENT; AND ANY OTHER INFORMATION
OR FACTORS THAT WERE IDENTIFIED THAT MAY HAVE CREATED BARRIERS TO AN
INDIVIDUAL'S REINTEGRATION ONCE RELEASED AND THE ADDITIONAL SERVICES
THAT MAY ALLEVIATE THOSE BARRIERS.
4. NO PERSON SHALL HAVE THE RIGHT TO DEMAND OR REQUIRE PARTICIPATION
IN THE PILOT PROGRAM AUTHORIZED BY THIS SECTION.
5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE THE DEPART-
MENT TO HOLD AN INCARCERATED INDIVIDUAL IN CONFINEMENT BEYOND THEIR
EARLIEST RELEASE DATE.
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed six
years after such effective date.