NY State Senate Bill 2023-S8624A

Senate Bill S8624A

2023-2024 Legislative Session

Prohibits correctional facilities from denying entry to certain peer support advocates based on such advocates' prior history of incarceration

download bill text pdf

Current Bill Status - In Assembly 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2024	referred to correction delivered to assembly passed senate
May 30, 2024	amended on third reading 8624a
May 08, 2024	advanced to third reading
May 07, 2024	2nd report cal.
May 06, 2024	1st report cal.860
Feb 22, 2024	referred to crime victims, crime and correction

Votes

- Jun 6, 2024 - Floor Vote
  S8624A
  
  59
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (2)
      
      Helming
      
      Stec
      
      excused (1)
      
      Walczyk
  May 6, 2024 - Crime Victims, Crime And Correction Committee Vote
  S8624A
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 6, 2024
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      aye wr (2)
      
      Gallivan
      
      Rolison

Bill Amendments

Original

A (Active)

2023-S8624 - Details

See Assembly Version of this Bill:: A9961
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Add §138-b, Cor L

2023-S8624 - Summary

Prohibits correctional facilities from denying entry to peer support advocates who are certified or licensed and are participating in the provision of corrections-based substance use disorder treatment and transition services based on such advocates' prior history of incarceration.

2023-S8624 - Sponsor Memo

                                 
BILL NUMBER: S8624

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the correction law, in relation to prohibiting correc-
tional facilities from blocking entry to peer support advocates based on
such advocates' prior history of incarceration

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit correctional facilities from blocking entry of peer support
advocates based on a history of incarceration.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the correction law regarding permitted
entry by peer support advocates

Section 2 sets the effective date.

JUSTIFICATION:

The importance of access to peer advocates for the approximately 15% of
incarcerated individuals who have substance use disorders cannot be
understated. In 2021, a study showed that those with an opioid use
disorder who were formerly incarcerated had better health and behavioral
outcomes when placed in peer advocacy programs. The same model has been
applied to other fields in prisons for many years tackling issues such
as HIV/AIDS education, suicide prevention, and sexual assault. Studies
also show that recidivism rates decrease when people have access to
treatment in prison.

In 2021, New York State passed a law requiring addiction recovery
services, including peer support, in jails. However, the implementation
has been unequal and often inadequate; county jails create their own
policies regarding employment of peer advocates which are usually very
restrictive and limit the work of advocates.  Some county jail policies
include a prohibition of hiring formerly incarcerated people, effec-
tively barring these peer advocates from doing their essential work.

This bill prohibits correctional facilities from barring admission of
peer advocates based solely on their previous criminal history.  Having
a criminal history is what makes peer advocates relatable and trustwor-
thy among the people they are trying to help. It also gives them the
lived experience needed to help their clients navigate life after being
incarcerated, which is a critical juncture for many leaving prisons and
jails.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth 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.

2023-S8624 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8624
 
                             I N  S E N A T E
 
                             February 22, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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  prohibiting  correc-
   tional  facilities from blocking entry to peer support advocates based
   on such advocates' prior history of incarceration

   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 138-b
 to read as follows:
   § 138-B. PERMITTED ENTRY BY PEER SUPPORT ADVOCATES. PEER SUPPORT ADVO-
 CATES  WHO  ARE  PARTICIPATING  IN  THE  PROVISION  OF CORRECTIONS-BASED
 SUBSTANCE USE DISORDER TREATMENT AND TRANSITION SERVICES, INCLUDING  BUT
 NOT  LIMITED  TO  MEDICATION  ASSISTANT  TREATMENT,  PURSUANT TO SECTION
 19.18-C OF THE MENTAL HYGIENE LAW,  SHALL  NOT  BE  UNREASONABLY  DENIED
 ENTRY  INTO  CORRECTIONAL FACILITIES BASED ON SUCH ADVOCATES' HISTORY OF
 PRIOR INCARCERATION.
   § 2. This act shall take effect on the sixtieth  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.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14630-01-4

2023-S8624A (ACTIVE) - Details

See Assembly Version of this Bill:: A9961
Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Add §138-b, Cor L

2023-S8624A (ACTIVE) - Summary

2023-S8624A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8624A

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the correction law, in relation to prohibiting correc-
tional facilities from blocking entry to peer support advocates based on
such advocates' prior history of incarceration

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit correctional facilities from blocking entry of peer support
advocates based on a history of incarceration.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the correction law regarding permitted
entry by peer support advocates

Section 2 sets the effective date.

JUSTIFICATION:

The importance of access to peer advocates for the approximately 15% of
incarcerated individuals who have substance use disorders cannot be
understated. In 2021, a study showed that those with an opioid use
disorder who were formerly incarcerated had better health and behavioral
outcomes when placed in peer advocacy programs. The same model has been
applied to other fields in prisons for many years tackling issues such
as HIV/AIDS education, suicide prevention, and sexual assault. Studies
also show that recidivism rates decrease when people have access to
treatment in prison.

In 2021, New York State passed a law requiring addiction recovery
services, including peer support, in jails. However, the implementation
has been unequal and often inadequate; county jails create their own
policies regarding employment of peer advocates which are usually very
restrictive and limit the work of advocates. Some county jail policies
include a prohibition of hiring formerly incarcerated people, effec-
tively barring these peer advocates from doing their essential work.

This bill prohibits correctional facilities from barring admission of
peer advocates based solely on their previous criminal history.  Having
a criminal history is what makes peer advocates relatable and trustwor-
thy among the people they are trying to help. It also gives them the
lived experience needed to help their clients navigate life after being
incarcerated, which is a critical juncture for many leaving prisons and
jails.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth 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.

2023-S8624A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8624--A
     Cal. No. 860
 
                             I N  S E N A T E
 
                             February 22, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Crime Victims, Crime and
   Correction -- reported favorably from said committee, ordered to first
   and second report, ordered to a third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading

 AN  ACT  to amend the correction law, in relation to prohibiting correc-
   tional facilities from blocking entry to peer support advocates  based
   on such advocates' prior history of incarceration
 
   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 138-b
 to read as follows:
   § 138-B. PERMITTED ENTRY BY PEER SUPPORT ADVOCATES. PEER SUPPORT ADVO-
 CATES WHO ARE CERTIFIED OR LICENSED  BY  A  STATE  AGENCY,  OR  A  STATE
 AUTHORIZED  ENTITY  INCLUDING  THE  NEW  YORK  CERTIFICATION BOARD, OR A
 NATIONALLY RECOGNIZED ACCREDITING AGENCY OR ASSOCIATION, AND ARE PARTIC-
 IPATING IN THE PROVISION OF  CORRECTIONS-BASED  SUBSTANCE  USE  DISORDER
 TREATMENT  AND TRANSITION SERVICES, INCLUDING BUT NOT LIMITED TO MEDICA-
 TION ASSISTANT TREATMENT, PURSUANT TO  SECTION  19.18-C  OF  THE  MENTAL
 HYGIENE  LAW,  SHALL  NOT BE UNREASONABLY DENIED ENTRY INTO CORRECTIONAL
 FACILITIES SOLEY BASED ON SUCH ADVOCATES' HISTORY  OF  PRIOR  INCARCERA-
 TION.
   §  2.  This  act  shall take effect on the sixtieth 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.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14630-02-4

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