S T A T E O F N E W Y O R K
________________________________________________________________________
2461
2023-2024 Regular Sessions
I N A S S E M B L Y
January 26, 2023
___________
Introduced by M. of A. HEVESI, BURDICK, SIMON, DAVILA, GONZALEZ-ROJAS --
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 1 of part U of chapter 56 of the laws of 2022, is
amended to read as follows:
4. (A) Social services officials shall determine eligibility for safe-
ty net assistance within thirty 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 chapter 669 of the laws of
2022, 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 a noncitizen who is or would be ineligible for federal
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01195-01-3
A. 2461 2
supplemental security income benefits solely by reason of noncitizen
status. PROVIDED HOWEVER, AN INDIVIDUAL INCARCERATED IN A STATE OR LOCAL
CORRECTIONAL 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
chapter 322 of the laws of 2021, 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 incarcerated individual
released to community supervision. The commissioner shall appoint offi-
cers 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 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 INDIVID-
UALS 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
APPLICATIONS FOR SUCH BENEFITS. EACH CORRECTIONAL FACILITY WILL BE
A. 2461 3
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
ACTIVITIES, CONNECTIONS TO EMPLOYMENT OPPORTUNITIES BASED ON THEIR
A. 2461 4
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. 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.