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A09843 Summary:

BILL NOA09843
 
SAME ASNo Same As
 
SPONSORGibbs
 
COSPNSR
 
MLTSPNSR
 
 
Creates a temporary state commission to study and investigate issues affecting reentry of inmates released from correctional facilities; appropriates $250,000 therefor.
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A09843 Actions:

BILL NOA09843
 
04/19/2022referred to correction
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A09843 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9843
 
SPONSOR: Gibbs
  TITLE OF BILL: An act to create a temporary state commission to study and investigate issues affecting reentry of inmates released from correctional facili- ties; making an appropriation therefor; and providing for the repeal of such provisions upon expiration thereof   PURPOSE: To create a temporary state commission to study existing policies, laws and programs involving reentry and reintegration of inmates released from state and local correctional facilities and to make recommendations based on its findings.   SUMMARY OF PROVISIONS: Creates a New York State Criminal Justice Commission on Reentry to study issues, policies and programs important to the successful reintegration of people released from state and local correctional facilities, identi- fy obstacles to reentry and report its findings and recommendations for legislative action to the Governor and the Legislature. The temporary 18-member commission would include three members appointed by the speaker of the assembly, three members appointed by the temporary president of the senate, two members appointed by the minority leader of the senate and two members appointed by the minority leader of the assembly. Commission members shall be representative of community-based providers of employment, education, housing and other services needed by individuals returning to society from prison as we: as criminal justice advocates and academic professionals in the field of criminal justice. The remaining members shall be the head of respective designee of the department of Correctional Services, Department of Criminal Justice Services, Division of Housing and Community Renewal, Department of Labor, Department of Education, Office of Alcoholism and Substance Abuse Services, Division of Probation and correctional Alternatives and the state Division of Parole.   JUSTIFICATION: Formerly incarcerated individuals face multiple barriers towards successful rehabilitation upon release from prison and return to commu- nity life. The availability of comprehensive resources for individuals who are re-entering community life following time served in prison does not meet their need for jobs, housing, rehabilitative and other services to help ensure their successful transition. The establishment of the New York State Criminal Justice Commission on Reentry is envisioned to help assess both the short and long term needs of men and women who are tran- sitioning from prison to community life and the ability of New York State and community-based agencies to meet them.   LEGISLATIVE HISTORY: 2019-20: A01764   FISCAL IMPACT: $250,000 is appropriated for the purpose of carrying out the provisions of this act.   EFFECTIVE DATE: This act shall take effect immediately and shall continue in full force and effect until December 31 in the year next succeeding the year in which it shall have become law. Upon such time the provisions of this act shall expire and be deemed repealed.
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A09843 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9843
 
                   IN ASSEMBLY
 
                                     April 19, 2022
                                       ___________
 
        Introduced  by M. of A. GIBBS -- read once and referred to the Committee
          on Correction
 
        AN ACT to create a temporary state commission to study  and  investigate
          issues affecting reentry of inmates released from correctional facili-
          ties;  making  an appropriation therefor; and providing for the repeal
          of such provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  A temporary state commission, to be known as the New York
     2  state criminal justice commission on reentry (hereinafter "commission"),
     3  is hereby created to study issues, including  relevant  statutes,  regu-
     4  lations  and  existing  programs involving reentry and re-integration of
     5  inmates released from  state  and  local  correctional  facilities.  The
     6  commission shall investigate all factors that impede successful re-inte-
     7  gration  into  society  and obviate the concept of a second chance.  The
     8  commission shall analyze the impact of existing policies  on  successful
     9  reentry, identify specific obstacles to re-integration and compare poli-
    10  cies  of this state to those of other states and the federal government.
    11  The commission shall collect data from state and  federal  agencies  and
    12  may analyze any current research deemed relevant and appropriate.
    13    §  2.  a. The commission shall consist of eighteen members as follows:
    14  three members shall be appointed by the speaker of the  assembly;  three
    15  members shall be appointed by the temporary president of the senate; two
    16  members shall be appointed by the minority leader of the senate; and two
    17  members  shall  be  appointed  by  the  minority leader of the assembly.
    18  Members so appointed shall be representative of community based  provid-
    19  ers of employment, education, housing and other services needed by indi-
    20  viduals  returning  to  society from prison, criminal justice advocates,
    21  and academic professionals in the field of criminal justice. The remain-
    22  ing members shall be the heads of the following departments or  agencies
    23  or  their respective designees: the department of corrections and commu-
    24  nity supervision, the department of criminal justice services, the divi-
    25  sion of housing and community renewal,  the  department  of  labor,  the
    26  department  of  education,  the office of alcoholism and substance abuse
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05372-01-1

        A. 9843                             2
 
     1  services, the office of probation and correctional alternatives and  the
     2  division of parole. No person shall be a member of such commission while
     3  such  person  is a member of the senate or assembly. Any vacancy on such
     4  commission  shall  be filled in the same manner as the original appoint-
     5  ment was made. The chairperson of the commission shall be  the  head  or
     6  designee  of  the division of criminal justice services. The vice-chair-
     7  person of the commission shall be a representative of one of the  commu-
     8  nity-based organizations and appointed by the chairperson.
     9    b.  Except  as  provided  in subdivision a of this section, no member,
    10  officer or employee of the commission shall be disqualified from holding
    11  any other public office or employment, nor shall he or she  forfeit  any
    12  such office or employment by reason of his or her appointment hereunder,
    13  notwithstanding  the  provisions  of  any general, special or local law,
    14  ordinance or city charter.
    15    § 3. The members of the commission shall receive no  compensation  for
    16  their services, but shall be allowed their actual and necessary expenses
    17  incurred in the performance of their duties hereunder.
    18    §  4.  The commission may employ and at pleasure remove such personnel
    19  as it may deem necessary for the performance of its  functions  and  fix
    20  their  compensation  within  the amounts made available by appropriation
    21  therefor.
    22    § 5. For the accomplishment of its purposes, the commission  shall  be
    23  authorized and empowered to undertake any studies, inquiries, surveys or
    24  analyses  it  may  deem relevant through its own personnel or in cooper-
    25  ation with or by agreement with any other public or private agency. Such
    26  commission shall meet and hold public hearings or private meetings with-
    27  in or without the state, and shall have all the powers of a  legislative
    28  committee pursuant to the legislative law.
    29    §  6.  The  commission may request and shall receive from any court in
    30  the state and from any subdivision, department, board,  bureau,  commis-
    31  sion,  office,  agency  or  other instrumentality of the state or of any
    32  political subdivision thereof such facilities, assistance and data as it
    33  deems necessary or desirable for the proper execution of its powers  and
    34  duties and to effectuate the purposes set forth in this act.
    35    § 7. The commission shall make a report of its findings, including any
    36  recommendations  for  legislative  action  as  it may deem necessary and
    37  appropriate, to the governor and the legislature no later than the thir-
    38  ty-first of December in the year next succeeding the year in which  this
    39  act shall have become a law.
    40    §  8.  The  sum of two hundred fifty thousand dollars ($250,000) or so
    41  much thereof as may be deemed necessary is hereby  appropriated  out  of
    42  any  moneys  in  the state treasury in the general fund to the credit of
    43  the state purposes account for services and expenses of the state crimi-
    44  nal justice commission on reentry, not otherwise appropriated, and  made
    45  immediately available for the purposes of carrying out the provisions of
    46  this  act.  Such moneys shall be payable on the audit and warrant of the
    47  comptroller on vouchers certified or approved by the chair of the tempo-
    48  rary commission established by this act.
    49    § 9. This act shall take effect immediately and shall continue in full
    50  force and effect until the thirty-first of December next succeeding  the
    51  year  in  which  it  shall  have  become  a  law when upon such date the
    52  provisions of this act shall expire and be deemed repealed.
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