S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7340
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Correction
 
 AN  ACT  to  amend  the  social  services law and the correction law, in
   relation to programs, supports  and  services  for  individuals  being
   released from state and local correctional facilities

   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 SIX MONTHS PRIOR TO SUCH INDIVIDUAL'S EARLIEST
 EXPECTED RELEASE DATE.   IN THE EVENT  THE  INDIVIDUAL  IS  NOT  GRANTED
 PAROLE,  HIS  OR  HER  APPLICATION  WILL  BE PLACED ON HOLD STATUS TO BE
 RE-ACTIVATED AND GIVEN A PRIORITY RANK ONCE SUCH INDIVIDUAL  IS  GRANTED
 PAROLE  AND AN OFFICIAL RELEASE DATE IS KNOWN. THIS SPECIAL STATUS SHALL
 BE DEFINED BY PROCESS COMPLETION OF THE APPLICATION  BY  THE  RESPECTIVE
 DISTRICT  OFFICE  WITHIN  THIRTY  DAYS OF RECEIVING THE OFFICIAL 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05052-02-1

 A. 7340                             2
 
 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 SIX MONTHS PRIOR TO THEIR  EARLIEST  EXPECTED  RELEASE
 DATE.    IN  THE  EVENT THE INDIVIDUAL IS NOT GRANTED PAROLE, HIS OR HER
 APPLICATION WILL BE PLACED ON HOLD STATUS TO BE RE-ACTIVATED AND GIVEN A
 PRIORITY RANK ONCE SUCH INDIVIDUAL IS GRANTED  PAROLE  AND  AN  OFFICIAL
 RELEASE  DATE  IS  KNOWN. THIS SPECIAL STATUS WILL BE DEFINED BY PROCESS
 COMPLETION OF THE APPLICATION BY THE RESPECTIVE DISTRICT  OFFICE  WITHIN
 THIRTY DAYS OF RECEIVING THE OFFICIAL RELEASE DATE.
   § 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]  INCARCERATED
 INDIVIDUAL  released  to  community  supervision. The commissioner shall
 appoint officers and other employees of the department who are  assigned
 to  perform  community supervision. EACH INCARCERATED INDIVIDUAL WILL 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 DEPARTMENT SHALL PROVIDE  ASSIST-
 ANCE  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 INCAR-
 CERATED  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.  RE-ENTRY  SERVICES.  EACH  INCARCERATED  INDIVIDUAL WILL BE
 ELIGIBLE TO APPLY FOR RE-ENTRY SERVICES, WHICH MUST INCLUDE, BUT ARE NOT
 LIMITED TO 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  OFFENDER  REHABILITATION  COORDINATOR OR OTHER
 PERSON IN CHARGE OF RE-ENTRY SERVICES AT A LOCAL  CORRECTIONAL  FACILITY
 WILL  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 BENE-
 FITS TO PROVIDE INCARCERATED INDIVIDUALS WITH ASSISTANCE  IN  COMPLETING

 A. 7340                             3
 
 APPLICATIONS  FOR  SUCH  BENEFITS.    EACH CORRECTIONAL FACILITY WILL BE
 REQUIRED TO REPORT OUT TO THE CRIMINAL JUSTICE COMMITTEE OF THE NEW YORK
 STATE LEGISLATURE ON HOW THEY ARE PROVIDING SUCH RE-ENTRY SERVICES. SUCH
 REPORTING  MUST  INCLUDE METRICS ON HOW MANY PEOPLE WERE SERVED AND WHAT
 SERVICES WERE RECEIVED.
   § 5. 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 UP TO ONE YEAR BEFORE
 THEIR EARLIEST EXPECTED RELEASE DATE. IN THE EVENT THE INDIVIDUAL IS NOT
 GRANTED PAROLE, HIS OR HER APPLICATION WILL BE PLACED ON HOLD STATUS  TO
 BE RE-ACTIVATED AND GIVEN A PRIORITY RANK ONCE SUCH INDIVIDUAL IS GRANT-
 ED  PAROLE  AND  AN OFFICIAL RELEASE DATE IS KNOWN.  THIS SPECIAL STATUS
 WILL BE DEFINED BY PROCESS COMPLETION OF THE APPLICATION BY THE  RESPEC-
 TIVE  DISTRICT  OFFICE  WITHIN  THIRTY  DAYS  OF  RECEIVING THE OFFICIAL
 RELEASE DATE.  UPON ADMISSION TO THE PROGRAM, EACH INCARCERATED INDIVID-
 UAL SHALL RECEIVE AN IN-DEPTH  SCREENING  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-PRO-
 FIT  ORGANIZATIONS  AND  PEER TO PEER ENGAGEMENT OPPORTUNITIES TO ASSIST
 WITH THE INDIVIDUAL'S REINTEGRATION PLANNING. THIS SHALL OCCUR  NO  LESS
 THAN  SIX  MONTHS 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 GENER-
 AL  SUPPORTS  AND SERVICES THAT MAY BE HELPFUL FOR AN INDIVIDUAL REINTE-
 GRATING BACK INTO THE COMMUNITY.   IN THE EVENT THE  INDIVIDUAL  IS  NOT
 GRANTED  PAROLE, HIS OR HER APPLICATION WILL BE PLACED ON HOLD STATUS TO
 BE RE-ACTIVATED AND GIVEN A PRIORITY RANK ONCE SUCH INDIVIDUAL IS GRANT-
 ED PAROLE AND AN OFFICIAL RELEASE DATE IS  KNOWN.  THIS  SPECIAL  STATUS
 WILL  BE DEFINED BY PROCESS COMPLETION OF THE APPLICATION BY THE RESPEC-
 TIVE DISTRICT OFFICE  WITHIN  THIRTY  DAYS  OF  RECEIVING  THE  OFFICIAL
 RELEASE DATE.
   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

 A. 7340                             4
 
 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-
 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.
   § 6. The correction law is amended by adding a new section 11 to  read
 as follows:
   §  11.  IDENTIFICATION CARD PROGRAM. 1. THE COMMISSIONER, IN CONSULTA-
 TION WITH THE COMMISSIONER OF MOTOR VEHICLES AND THE FEDERAL  BUREAU  OF
 PRISONS,  SHALL  DEVELOP  A PROGRAM TO PROVIDE AN IDENTIFICATION CARD TO
 EACH INCARCERATED INDIVIDUAL UPON THE RELEASE OF SUCH  INDIVIDUALS  FROM
 THE  CUSTODY THE DEPARTMENT OR FROM THE CUSTODY OF THE FEDERAL BUREAU OF
 PRISONS WHEN SUCH INDIVIDUAL IS A RESIDENT OF NEW  YORK  STATE.  NO  FEE
 SHALL  BE  CHARGED  TO AN INMATE FOR THE ORIGINAL ISSUANCE OF SUCH IDEN-
 TIFICATION CARD.
   2. AS USED IN THIS SECTION, "IDENTIFICATION CARD" SHALL HAVE THE  SAME
 MEANING  AS  SUCH  TERM IS DEFINED IN SECTION FOUR HUNDRED NINETY OF THE
 VEHICLE AND TRAFFIC LAW.
   § 7. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.