NY State Senate Bill 2025-S1806

Senate Bill S1806

2025-2026 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 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 14, 2025	referred to crime victims, crime and correction

2025-S1806 (ACTIVE) - Details

See Assembly Version of this Bill:: A4159
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §138-b, Cor L
Versions Introduced in 2023-2024 Legislative Session:: S8624, A9961

2025-S1806 (ACTIVE) - 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.

2025-S1806 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1806

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 PROVISION$:

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:

2023-2024: S8624A / A9961A

 
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.

2025-S1806 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1806
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 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  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.
                                                            LBD05308-01-5

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