S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2820
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M. of A. DAVILA, BURGOS, ZINERMAN, GONZALEZ-ROJAS, DICK-
   ENS, CLARK, JOYNER,  ANDERSON,  REYES,  TAYLOR,  GALLAGHER,  DINOWITZ,
   AUBRY,  CRUZ,  SAYEGH  --  read  once and referred to the Committee on
   Correction
 
 AN ACT to amend the correction law, in  relation  to  the  role  of  the
   department  of  corrections  and community supervision in planning and
   facilitating the discharge or release of incarcerated  individuals  to
   the community
 
   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 77 to
 read as follows:
   § 77. DISCHARGE PLANS. 1. (A) PRIOR TO THE RELEASE OR DISCHARGE OF  AN
 INCARCERATED  INDIVIDUAL  FROM  A  CORRECTIONAL FACILITY, THE DEPARTMENT
 SHALL PROVIDE A COMPREHENSIVE DISCHARGE PLAN FOR SUCH  INDIVIDUAL.  SUCH
 PLAN  SHALL  INCLUDE PLANNING FOR SUCH INDIVIDUAL'S MENTAL HEALTH NEEDS,
 MEDICAL  CARE,  HOUSING,  EMPLOYMENT  AND  ANY  SUBSTANCE  USE  DISORDER
 SERVICES.  SUCH  DISCHARGE  PLAN  SHALL BE PREPARED IN CONSULTATION WITH
 NON-PROFIT PROVIDERS AND IN CONJUNCTION WITH SUCH INCARCERATED  INDIVID-
 UAL  TO ENSURE THE COMPREHENSIVE DISCHARGE PLAN IS APPROPRIATE AND WELL-
 COORDINATED. NO LATER THAN SEVEN DAYS PRIOR  TO  RELEASE  OR  DISCHARGE,
 SUCH DISCHARGE PLAN SHALL BE PROVIDED TO THE INCARCERATED INDIVIDUAL FOR
 WHOM  IT  WAS  PREPARED AND TO THE NON-PROFIT PROVIDERS THAT ASSISTED IN
 ITS PREPARATION. THE DISCHARGE PLAN AND  ALL  COORDINATED  SERVICES  ARE
 VOLUNTARY  UNLESS  OTHERWISE  REQUIRED  BY LAW. ANY PERSONAL IDENTIFYING
 INFORMATION SHARED WITH PROVIDERS TO COORDINATE THE  DISCHARGE  PLANNING
 AND  RELEVANT SERVICES SHALL BE SHARED ONLY WITH THE INFORMED AND VOLUN-
 TARY WRITTEN  CONSENT  OF  THE  INCARCERATED  INDIVIDUAL  FOR  WHOM  THE
 DISCHARGE PLAN IS PREPARED.
   (B)  THE  DEPARTMENT  SHALL BEGIN PREPARING THE PLAN REQUIRED BY PARA-
 GRAPH (A) OF THIS SUBDIVISION NO LATER THAN FORTY-FIVE DAYS PRIOR TO  AN
 INCARCERATED  INDIVIDUAL'S  RELEASE  OR  DISCHARGE  FROM  A CORRECTIONAL
 FACILITY AND SHALL COMPLETE THE PLAN NO LATER THAN SEVEN DAYS  PRIOR  TO
 SUCH INDIVIDUAL'S RELEASE OR DISCHARGE.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02436-01-3
 A. 2820                             2

   (C)  FOR  THOSE  INCARCERATED  INDIVIDUALS  WHO  ARE TO BE RELEASED OR
 DISCHARGED FROM A CORRECTIONAL FACILITY LESS THAN FORTY-FIVE DAYS  AFTER
 THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL BEGIN PREPARING
 THE  PLAN  REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION IMMEDIATELY AND
 MAKE BEST EFFORTS TO COMPLETE SUCH PLAN PRIOR TO SUCH INCARCERATED INDI-
 VIDUAL'S RELEASE OR DISCHARGE.
   (D)  THE  PLAN  REQUIRED  BY  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL
 FURTHER INCLUDE AN ASSESSMENT OF SUCH INCARCERATED  INDIVIDUAL'S  ACCESS
 TO  HOUSING AND ANY PREPARATION NECESSARY FOR SUCH INDIVIDUAL'S SUCCESS-
 FUL TRANSITION TO ADEQUATE AND STABLE HOUSING. IF THE DEPARTMENT  DETER-
 MINES  THAT  AN INCARCERATED INDIVIDUAL DOES NOT HAVE ACCESS TO ADEQUATE
 AND STABLE HOUSING, THE DEPARTMENT SHALL, UPON RELEASE OF SUCH  INDIVID-
 UAL, OBTAIN FOR SUCH INDIVIDUAL A PLACEMENT IN ADEQUATE AND STABLE HOUS-
 ING THAT IS NOT A SHELTER. SUCH ADEQUATE AND STABLE HOUSING MAY INCLUDE,
 BUT  NOT BE LIMITED TO, PERMANENT, TRANSITIONAL, SUPPORTIVE OR VOLUNTARY
 RESIDENTIAL TREATMENT OR MEDICAL CARE. UPON THE RELEASE OR DISCHARGE  OF
 AN  INCARCERATED INDIVIDUAL FROM A CORRECTIONAL FACILITY, THE DEPARTMENT
 SHALL ARRANGE FOR THE TRANSPORTATION OF SUCH INDIVIDUAL OR PROVIDE MEANS
 FOR THE TRANSPORTATION OF SUCH INDIVIDUAL TO HOUSING.
   (E) THE PLAN REQUIRED BY  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  SHALL
 FURTHER  INCLUDE  AN  OFFER OF TRANSITIONAL OR LONG-TERM EMPLOYMENT UPON
 RELEASE OR DISCHARGE.
   2. (A) AS USED IN THIS SUBDIVISION, THE TERM "REENTRY PROVIDERS" SHALL
 MEAN PROVIDERS OF PROGRAMS OR SERVICES DESIGNED TO PROMOTE THE  SUCCESS-
 FUL AND PRODUCTIVE REENTRY AND REINTEGRATION OF AN INCARCERATED INDIVID-
 UAL  INTO  THE  GENERAL SOCIETY, INCLUDING HOUSING SERVICES, MEDICAL AND
 MENTAL HEALTH SERVICES, HIV/AIDS SERVICES, EDUCATIONAL,  VOCATIONAL  AND
 EMPLOYMENT  SERVICES,  AND  ALCOHOL  OR SUBSTANCE USE DISORDER TREATMENT
 SERVICES.
   (B) PRIOR TO REFERRING AN  INCARCERATED  INDIVIDUAL  TO  TREATMENT  OR
 MEDICAL  CARE  UPON  RELEASE,  THE  DEPARTMENT SHALL COORDINATE WITH THE
 APPROPRIATE REENTRY PROVIDERS IN THE LOCAL JURISDICTION WHERE SUCH INDI-
 VIDUAL IS SCHEDULED TO BE RELEASED. UNLESS OTHERWISE  REQUIRED  BY  LAW,
 ALL  REFERRALS  TO  TREATMENT OR MEDICAL CARE UPON RELEASE SHALL BE MADE
 ONLY WITH THE INCARCERATED INDIVIDUAL'S INFORMED AND  VOLUNTARY  WRITTEN
 CONSENT.  IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS, AND ONLY WITH SUCH
 INDIVIDUAL'S INFORMED AND VOLUNTARY WRITTEN CONSENT,  SUCH  COORDINATION
 SHALL INCLUDE NOTIFICATION TO SUCH REENTRY PROVIDERS OF THE INCARCERATED
 INDIVIDUAL'S  PLANNED  TREATMENT  OR  MEDICAL CARE PLACEMENT, WHEN DOCU-
 MENTED TO BE NECESSARY FOR SUCH  PROVIDERS  TO  CONTINUE  TO  COORDINATE
 AND/OR PROVIDE CARE AND SERVICES.
   (C)  (I)  IF  AN INCARCERATED INDIVIDUAL DECLINES A HOUSING PLACEMENT,
 PRIOR TO REFERRING TO AND PLACING IN A SHELTER AN INCARCERATED  INDIVID-
 UAL  WHO  IS  SCHEDULED  TO BE RELEASED, THE DEPARTMENT SHALL COORDINATE
 WITH THE APPROPRIATE REENTRY PROVIDERS IN THE LOCAL  JURISDICTION  WHERE
 SUCH  INDIVIDUAL  IS  SCHEDULED  TO BE RELEASED. SUCH COORDINATION SHALL
 INCLUDE NOTIFICATION TO SUCH REENTRY PROVIDERS OF THE INCARCERATED INDI-
 VIDUAL'S PLANNED REFERRAL TO AND PLACEMENT IN SUCH SHELTER.
   (II) IN SUCH INSTANCES IN WHICH THE INCARCERATED INDIVIDUAL DECLINES A
 HOUSING PLACEMENT AND THE DEPARTMENT'S  DISCHARGE  PLANNING  RESULTS  IN
 RELEASE  OF  THE INDIVIDUAL TO TEMPORARY HOUSING IN A SHELTER, INCLUDING
 BUT NOT LIMITED TO A SHELTER REGULATED BY THE OFFICE  OF  TEMPORARY  AND
 DISABILITY  ASSISTANCE,  THE  DEPARTMENT  SHALL: (A) AT THE TIME OF SUCH
 INDIVIDUAL'S RELEASE, PROVIDE A REPORT TO  THE  INCARCERATED  INDIVIDUAL
 FOR  WHOM  IT  WAS PREPARED AND TO THE LOCAL SOCIAL SERVICES DISTRICT TO
 WHICH SUCH INDIVIDUAL IS SCHEDULED TO BE RELEASED, DESCRIBING IN  DETAIL
 A. 2820                             3
 
 ALL  NECESSARY AND RELEVANT DISCHARGE PLANNING UNDERTAKEN FOR SUCH INDI-
 VIDUAL ONLY IF AND WHEN SUCH LOCAL SOCIAL SERVICES DISTRICT IS PROVIDING
 AND/OR ASSISTING IN THE COORDINATION OF SERVICES PROVIDED TO SUCH PREVI-
 OUSLY INCARCERATED INDIVIDUAL AND THE INFORMATION IS NECESSARY AND RELE-
 VANT  TO  FACILITATE  SUCH ASSISTANCE, PROVIDED THAT THE CONFIDENTIALITY
 PROTECTIONS OF THE SOCIAL SERVICES LAW APPLY TO SUCH REPORT; (B) CONTIN-
 UE ASSISTING THE INDIVIDUAL TO OBTAIN  HOUSING  THAT  IS  NOT  TEMPORARY
 HOUSING IN A SHELTER AND DOES NOT VIOLATE THE TERMS OF SUCH INDIVIDUAL'S
 PAROLE;  AND  (C)  ONCE  EVERY  THIRTY DAYS FOLLOWING RELEASE UNTIL SUCH
 INDIVIDUAL IS NO LONGER SUBJECT TO PAROLE, PROVIDE  A  REPORT,  THAT  IS
 SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF THE SOCIAL SERVICES LAW, TO
 SUCH  REENTRY  PROVIDERS  PROVIDING  SERVICES TO SUCH INDIVIDUAL AND THE
 LOCAL SOCIAL SERVICES DISTRICT, IF AND WHEN SUCH LOCAL  SOCIAL  SERVICES
 DISTRICT  IS  PROVIDING AND/OR ASSISTING IN THE COORDINATION OF SERVICES
 PROVIDED TO SUCH PREVIOUSLY INCARCERATED INDIVIDUAL AND THE  INFORMATION
 IS  NECESSARY  AND RELEVANT TO FACILITATE SUCH ASSISTANCE DESCRIBING ALL
 NECESSARY AND RELEVANT CONTINUING ASSISTANCE PROVIDED BY THE  DEPARTMENT
 TO SUCH INDIVIDUAL IN ATTEMPTING TO OBTAIN HOUSING THAT IS NOT TEMPORARY
 HOUSING  IN  A  SHELTER  DESCRIBED  IN  THIS PARAGRAPH AND THAT DOES NOT
 VIOLATE THE TERMS OF SUCH INDIVIDUAL'S PAROLE.
   3. UPON THE RELEASE OR DISCHARGE OF AN INCARCERATED INDIVIDUAL FROM  A
 CORRECTIONAL  FACILITY,  THE DEPARTMENT SHALL CONNECT SUCH INDIVIDUAL TO
 APPROPRIATE REENTRY PROVIDERS. ALL  REENTRY  PROVIDERS  WITH  WHICH  THE
 DEPARTMENT  CONNECTS  AN INDIVIDUAL PURSUANT TO THIS SUBDIVISION AND ALL
 REENTRY PROVIDERS WITH WHICH THE DEPARTMENT COORDINATES ON BEHALF OF  AN
 INDIVIDUAL PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE PROVIDED
 WITH  THE  COMPREHENSIVE  DISCHARGE  PLAN PREPARED BY THE DEPARTMENT FOR
 SUCH INDIVIDUAL PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION.    SUCH
 REENTRY  PROVIDERS  SHALL  SHARE  SUCH  PLAN  AND  RELATED DOCUMENTS AND
 RECORDS WITH ANOTHER PERSON OR ENTITY ONLY WITH THE INFORMED,  VOLUNTARY
 WRITTEN CONSENT OF THE INDIVIDUAL WHO IS THE SUBJECT OF SUCH PLAN, DOCU-
 MENT OR REPORT.
   4.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS SECTION, NOTHING IN THIS
 SECTION SHALL DELAY THE RELEASE OR DISCHARGE OF AN INCARCERATED INDIVID-
 UAL WHILE AWAITING OR AWAITING  THE  COMPLETION  OF  ANY  PLAN,  NOTICE,
 CONNECTION,  REFERRAL,  COORDINATION, OFFER, PLACEMENT, SERVICE, REPORT,
 OR OTHER THING DESCRIBED IN THIS SECTION, AND THE DEPARTMENT  SHALL  NOT
 CONDITION  RELEASE  OR DISCHARGE OF AN INCARCERATED PERSON ON SUCH INDI-
 VIDUAL'S ENROLLMENT OR PARTICIPATION IN ANY  TREATMENT  FACILITY  UNLESS
 SUCH  SPECIFIC  ENROLLMENT  OR PARTICIPATION HAS OTHERWISE BEEN LAWFULLY
 REQUIRED AS A CONDITION OF RELEASE OR DISCHARGE BY THE BOARD OF PAROLE.
   § 2. Section 78 of the correction law, as added  by  section  81-b  of
 part  WWW  of  chapter  59  of  the  laws of 2017, is amended to read as
 follows:
   § 78. Discharge plans FOR JUVENILE OFFENDERS AND ADOLESCENT OFFENDERS.
 The department, in consultation with the office of children  and  family
 services,  shall  provide  discharge  plans  for  juvenile offenders and
 adolescent offenders who are released to parole or  post-release  super-
 vision, which are tailored to address their individual needs. Such plans
 shall  include  services  designed  to  promote  public  safety  and the
 successful and productive reentry of such adolescents into society.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law.    Effective  immediately, 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.