BILL NUMBER: S863

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the correction law, in relation to increasing access to
substance abuse programming for incarcerated individuals whose first
language is not English

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires the commissioner of corrections, in consultation with
the Office of Addiction Services and Supports, to take steps to ensure
that incarcerated individuals whose first language is not English are
able to access prison substance abuse programs. The bill addresses the
difficulty experienced by significant numbers of incarcerated individ-
uals in understanding, participating in, and completing prison substance
abuse programs.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill amends the correction Law by adding a new section requiring the
              

commissioner of corrections, in consultation with the commissioner of
the Office of Addiction Services and Supports, to take steps to ensure
that incarcerated individuals whose first language is not English are
able to access prison substance abuse programs. Such steps may include,
but need not be limited to, increased employment of bilingual substance
abuse counselors and program staff, translation of program content and
materials, targeted programs for non-English speaking individuals, and
other strategies.  The act takes effect immediately.

 
JUSTIFICATION:

Ten percent of the state prison population, more than 6,000 inmates,
were born outside of the United States. Only twenty-eight (26) percent
of those prisoners come from countries where the dominant language is
English, fifty-four (54) percent come from countries where the dominant
language is Spanish, and eighteen (18) percent are from countries that
speak primarily languages spoken in. Asia and Europe. Twenty-five (25)
percent of the state prison population, more than 16,000 inmates, are of
Hispanic origin. Hispanic inmates are housed throughout the system, but
the highest concentrations of Hispanic inmates are housed in the Sulli-
van hub (33 percent) and New York city hub (31 percent).

The department of correctional services has recognized that it is neces-
sary to expand its capacity to address the needs of prisoners who may
have difficulty speaking and understanding program content presented
only in English. Substance abuse programs are of critical importance to
the Prisoner and to the community, as research.  consistently shows that
prison treatment programs reduce recidivism and lower health care and
social service costs upon re-entry to society. Studies also show that
prison treatment programs have a significantly positive impact on inmate
behavior, making our prisons safer and more secure.

The Department of Correctional Services operates a variety of substance
abuse programs at an approximate cost of 20 million dollars annually.
Yet non-English speaking prisoners have difficulty understanding,
participating and completing these programs. Program content and materi-
als are presented in English; few substance abuse counselors or program
staff are bilingual. This bill would require the Commissioner to take
steps to address this problem, without imposing specific methods or
timeliness, thus preserving the flexibility of the department to proceed
incrementally and to develop strategies that reflect both security and
budgetary limitations. The bill calls for the Commissioner of
Corrections to consult with the Commissioner on Alcohol and Substance
Abuse Services to ensure that strategies developed are evidence-based,
effective and professionally implemented.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: Committed to Finance

2021-22: Committed to Rules

2023-24: Passed Senate

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately.