NY State Senate Bill 2023-S1771

Senate Bill S1771

2023-2024 Legislative Session

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

download bill text pdf

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
Jan 13, 2023	referred to crime victims, crime and correction

2023-S1771 (ACTIVE) - Details

See Assembly Version of this Bill:: A657
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
2021-2022: S9063, A3383, A9841

2023-S1771 (ACTIVE) - Summary

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

2023-S1771 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1771

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.

2023-S1771 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1771
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 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. 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

 S. 1771                             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.

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