NY State Senate Bill 2021-S9063

Senate Bill S9063

2021-2022 Legislative Session

Relates to commencing a study on the relationship between the corrections system and the child welfare system

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2022	referred to crime victims, crime and correction

2021-S9063 (ACTIVE) - Details

See Assembly Version of this Bill:: A9841
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §30, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4695
2013-2014: A2992
2015-2016: A4522, A9972
2017-2018: A1040
2019-2020: A2205
2023-2024: S1771, A657

2021-S9063 (ACTIVE) - Summary

Relates to commencing a study on the relationship between the corrections system and the child welfare system.

2021-S9063 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9063

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the correction law, in relation to commencing a study on
the relationship between the corrections system and the child welfare
system

 
PURPOSE OR GENERAL IDEA OF BILL:

To conduct a study on the relationship between the corrections systems
and the child welfare system by enabling data collection on inmates.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The correction law is amended by adding a new section 30 as
follows. The Commissioner shall conduct a comprehensive study on an
inmate's prior involvement with child welfare and juvenile systems.

Section 2: The Commissioner shall conduct surveys on current inmates in
state, county, and municipal correctional families based on a random

sample not less than ten percent of all state, county, and municipal
correctional facilities.

Section 3: The Commissioner shall ensure the confidentiality of each
survey participant by using self-administered questionnaires and other
similar survey methods.

Section 4: An inmate shall be deemed to have given his or her informed
consent only if he or she is informed in writing of the potential risks
and benefits of the study.

Section 5: The Commissioner shall make a written report on the relation-
ship between the corrections system and the child welfare system to the
governor, temporary president of the Senate and the speaker of the
Assembly of its findings, conclusions, and recommendations on or before
June thirtieth of the year.

 
JUSTIFICATION:

Anecdotal data suggest that large numbers of incarcerated individuals
have histories with child welfare and/or juvenile systems. However, New
York State does not currently collect or track the relationship between
the corrections systems and the child welfare system. This bill would
require the New York State Department of Corrections and Community
Supervision (DOCCS) to conduct a study on current inmates in order to
produce a report on an inmate's prior involvement with the child welfare
system and/or the juvenile system. Such reports would include, but not
limited to: the inmate's previous placement in out-of-home care, speci-
fying type of placement, the approximate length of such period of place-
ment, the age of the inmate during such period of placement, the ethnic
background or the inmate, and the inmate's gender. The Commissioner of
DOCCS will conduct surveys on a random sample of not less than ten
percent of current inmates in all state, county, and municipal correc-
tional facilities. This study will ensure the confidentiality of each
survey participant by using self-administered questionnaires, which will
ensure the respondent's anonymity. Lastly, based on the survey results,

the Commissioner will report to the Governor and the Legislature on the
findings and recommendations of the study.

 
LEGISLATIVE HISTORY:

2019-20: A02205

 
FISCAL IMPLICATIONS:

To be determined.

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

2021-S9063 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9063
 
                             I N  S E N A T E
 
                                May 6, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 commencing a study on
   the  relationship between the corrections system and the child welfare
   system
 
   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 30 to
 read as follows:
   §  30. INMATE STUDY. 1. THE COMMISSIONER SHALL CONDUCT A COMPREHENSIVE
 STUDY ON INMATES' PRIOR INVOLVEMENT  WITH  CHILD  WELFARE  AND  JUVENILE
 SYSTEMS, INCLUDING BUT NOT LIMITED TO:
   (A)  PREVIOUS PLACEMENT IN OUT-OF-HOME CARE, SPECIFYING TYPE OF PLACE-
 MENT: FOSTER CARE, KINSHIP FOSTER  CARE,  SECURE  DETENTION  FACILITIES,
 NON-SECURE  DETENTION  FACILITIES, GROUP HOMES OR OTHER AUTHORIZED AGEN-
 CIES OR FACILITIES OPERATED OR LICENSED BY THE OFFICE  OF  CHILDREN  AND
 FAMILY SERVICES;
   (B) THE APPROXIMATE LENGTH OF SUCH PERIOD OF PLACEMENT;
   (C) THE AGE OF THE INMATE DURING SUCH PERIOD OF PLACEMENT;
   (D) THE ETHNIC BACKGROUND OF THE INMATE; AND
   (E) THE INMATE'S GENDER.
   2.  AS  PART  OF  THE  STUDY THE COMMISSIONER SHALL CONDUCT SURVEYS ON
 CURRENT INMATES IN STATE, COUNTY, AND MUNICIPAL CORRECTIONAL FACILITIES.
 THE SURVEY SHALL BE BASED ON A RANDOM  SAMPLE  OR  OTHER  SCIENTIFICALLY
 APPROPRIATE  SAMPLE  OF  NOT LESS THAN TEN PERCENT OF ALL STATE, COUNTY,
 AND MUNICIPAL CORRECTIONAL FACILITIES.
   3. THE COMMISSIONER SHALL ENSURE THE CONFIDENTIALITY  OF  EACH  SURVEY
 PARTICIPANT  BY USING SELF-ADMINISTERED QUESTIONNAIRES AND OTHER SIMILAR
 SURVEY METHODS, WHICH WILL ENSURE THE RESPONDENT'S ANONYMITY.
   4. AN INMATE SHALL BE DEEMED TO HAVE GIVEN HIS OR HER INFORMED CONSENT
 ONLY IF HE OR SHE IS INFORMED IN WRITING  OF  THE  POTENTIAL  RISKS  AND
 BENEFITS OF THE STUDY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04705-01-1

 S. 9063                             2
 
   5.  THE  COMMISSIONER  SHALL MAKE A WRITTEN REPORT ON THE RELATIONSHIP
 BETWEEN THE CORRECTIONS SYSTEM AND  THE  CHILD  WELFARE  SYSTEM  TO  THE
 GOVERNOR,  TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY
 OF ITS FINDINGS, CONCLUSIONS AND RECOMMENDATIONS ON OR BEFORE JUNE THIR-
 TIETH  OF  THE  YEAR  NEXT SUCCEEDING THE YEAR IN WHICH THIS SUBDIVISION
 SHALL TAKE EFFECT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.