S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    657
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. GIBBS -- read once and referred to the Committee
   on 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. INCARCERATED INDIVIDUAL STUDY. 1. THE COMMISSIONER SHALL CONDUCT
 A COMPREHENSIVE STUDY ON  INCARCERATED  INDIVIDUALS'  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  INCARCERATED  INDIVIDUAL DURING SUCH PERIOD OF
 PLACEMENT;
   (D) THE ETHNIC BACKGROUND OF THE INCARCERATED INDIVIDUAL; AND
   (E) THE INCARCERATED INDIVIDUAL'S GENDER.
   2. AS PART OF THE STUDY THE  COMMISSIONER  SHALL  CONDUCT  SURVEYS  ON
 CURRENT INCARCERATED INDIVIDUALS IN STATE, COUNTY, AND MUNICIPAL CORREC-
 TIONAL  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01941-01-3
 A. 657                              2
              

 
   4. AN INCARCERATED INDIVIDUAL SHALL BE DEEMED TO HAVE GIVEN HIS OR HER
 INFORMED  CONSENT ONLY IF HE OR SHE IS INFORMED IN WRITING OF THE POTEN-
 TIAL RISKS AND BENEFITS OF THE STUDY.
   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.