New York State Assembly

 
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A08022 Summary:

A08022 Actions:

A08022 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/09/2021AYE/NAY:23/10  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Nay
Glick
Aye
Fitzpatrick
Nay
Nolan
Excused
Hawley
Nay
Pretlow
Aye
Montesano
Nay
Perry
Aye
Blankenbush
Nay
Colton
Aye
Norris
Nay
Cook
Aye
Brabenec
Nay
Cahill
Aye
Palmesano
Nay
Aubry
Aye
Byrne
Nay
Cusick
Aye
Ashby
Nay
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Excused
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye

Committee:CODES   Chair:Dinowitz      
DATE:06/09/2021AYE/NAY:22/0  Action: Favorable refer to committee Ways and Means        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Aye
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/09/2021AYE/NAY:20/8  Action: Favorable         
Heastie
Excused
Barclay
Nay
Gottfried
Aye
Hawley
Nay
Nolan
Excused
Giglio
Nay
Weinstein
Aye
Blankenbush
Nay
Pretlow
Aye
Norris
Nay
Cook
Excused
Montesano
Nay
Glick
Aye
Ra
Nay
Aubry
Aye
Brabenec
Nay
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A08022 Floor Votes:

A08022 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8022
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 4, 2021
                                       ___________
 
        Introduced by M. of A. DAVILA -- read once and referred to the Committee
          on Correction
 
        AN  ACT  to  amend  the  correction  law, in relation to the role of the
          department of corrections and community supervision  in  planning  and
          facilitating  the  discharge or release of incarcerated persons to the
          community

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The correction law is amended by adding a new section 77 to
     2  read as follows:
     3    §  77. Discharge plans. 1. (a) Prior to the release or discharge of an
     4  incarcerated person from a correctional facility, the  department  shall
     5  provide  a comprehensive discharge plan for such person. Such plan shall
     6  include planning for such person's mental health  needs,  medical  care,
     7  housing,  employment  and  any  substance  use  disorder  services. Such
     8  discharge plan shall be prepared in consultation with non-profit provid-
     9  ers and in conjunction with  such  incarcerated  person  to  ensure  the
    10  comprehensive  discharge  plan  is  appropriate and well-coordinated. No
    11  later than seven days prior to release or discharge, such discharge plan
    12  shall be provided to the incarcerated person for whom  it  was  prepared
    13  and  to  the  non-profit providers that assisted in its preparation. The
    14  discharge plan and all coordinated services are voluntary unless  other-
    15  wise  required  by law. Any personal identifying information shared with
    16  providers to coordinate the discharge  planning  and  relevant  services
    17  shall  be shared only with the informed and voluntary written consent of
    18  the incarcerated person for whom the discharge plan is prepared.
    19    (b) The department shall begin preparing the plan  required  by  para-
    20  graph  (a) of this subdivision no later than forty-five days prior to an
    21  incarcerated person's release or discharge from a correctional  facility
    22  and  shall  complete  the  plan  no  later than seven days prior to such
    23  person's release or discharge.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11766-04-1
        A. 8022                             2
 
     1    (c)  For  those  incarcerated  persons  who  are  to  be  released  or
     2  discharged  from a correctional facility less than forty-five days after
     3  the effective date of this section, the department shall begin preparing
     4  the plan required by paragraph (a) of this subdivision  immediately  and
     5  make  best  efforts  to  complete  such  plan prior to such incarcerated
     6  person's release or discharge.
     7    (d) The plan required by  paragraph  (a)  of  this  subdivision  shall
     8  further  include  an  assessment of such incarcerated person's access to
     9  housing and any preparation necessary for such person's successful tran-
    10  sition to adequate and stable housing. If the department determines that
    11  an incarcerated person does not have access to adequate and stable hous-
    12  ing, the department shall, upon release of such person, obtain for  such
    13  person a placement in adequate and stable housing that is not a shelter.
    14  Such  adequate  and  stable  housing may include, but not be limited to,
    15  permanent, transitional, supportive or voluntary  residential  treatment
    16  or medical care. Upon the release or discharge of an incarcerated person
    17  from  a  correctional  facility,  the  department  shall arrange for the
    18  transportation of such person or provide means for the transportation of
    19  such person to housing.
    20    (e) The plan required by  paragraph  (a)  of  this  subdivision  shall
    21  further  include  an  offer of transitional or long-term employment upon
    22  release or discharge.
    23    2. (a) As used in this subdivision, the term "reentry providers" shall
    24  mean providers of programs or services designed to promote the  success-
    25  ful  and  productive reentry and reintegration of an incarcerated person
    26  into the general society, including housing services, medical and mental
    27  health services, HIV/AIDS services, educational, vocational and  employ-
    28  ment services, and alcohol or substance use disorder treatment services.
    29    (b)  Prior to referring an incarcerated person to treatment or medical
    30  care upon release, the department shall coordinate with the  appropriate
    31  reentry  providers in the local jurisdiction where such person is sched-
    32  uled to be released. Unless otherwise required by law, all referrals  to
    33  treatment  or  medical  care  upon  release  shall be made only with the
    34  incarcerated person's informed and voluntary written consent. In accord-
    35  ance with applicable privacy laws, and only with such person's  informed
    36  and voluntary written consent, such coordination shall include notifica-
    37  tion  to  such  reentry  providers  of the incarcerated person's planned
    38  treatment or medical care placement, when documented to be necessary for
    39  such providers  to  continue  to  coordinate  and/or  provide  care  and
    40  services.
    41    (c)  (i) If an incarcerated person declines a housing placement, prior
    42  to referring to and placing in a shelter an incarcerated person  who  is
    43  scheduled  to  be  released,  the  department  shall coordinate with the
    44  appropriate reentry providers  in  the  local  jurisdiction  where  such
    45  person  is  scheduled  to  be  released. Such coordination shall include
    46  notification to such reentry  providers  of  the  incarcerated  person's
    47  planned referral to and placement in such shelter.
    48    (ii)  In  such  instances  in which the incarcerated person declines a
    49  housing placement and the department's  discharge  planning  results  in
    50  release  of  the person to temporary housing in a shelter, including but
    51  not limited to a shelter regulated by the office of temporary and  disa-
    52  bility  assistance,  the  department  shall:  (A)  at  the  time of such
    53  person's release, provide a report to the incarcerated person  for  whom
    54  it  was prepared and to the local social services district to which such
    55  person is scheduled to be released, describing in detail  all  necessary
    56  and  relevant  discharge planning undertaken for such person only if and
        A. 8022                             3
 
     1  when such local social services district is providing  and/or  assisting
     2  in the coordination of services provided to such previously incarcerated
     3  person  and the information is necessary and relevant to facilitate such
     4  assistance,  provided that the confidentiality protections of the social
     5  services law apply to such report; (B) continue assisting the person  to
     6  obtain  housing  that is not temporary housing in a shelter and does not
     7  violate the terms of such person's parole; and  (C)  once  every  thirty
     8  days following release until such person is no longer subject to parole,
     9  provide  a  report, that is subject to the confidentiality provisions of
    10  the social services law, to such reentry providers providing services to
    11  such person and the local social services district,  if  and  when  such
    12  local  social  services  district  is  providing and/or assisting in the
    13  coordination of services provided to such previously incarcerated person
    14  and the information is necessary and relevant to facilitate such assist-
    15  ance  describing  all  necessary  and  relevant  continuing   assistance
    16  provided  by the department to such person in attempting to obtain hous-
    17  ing that is not temporary housing in a shelter described in  this  para-
    18  graph and that does not violate the terms of such person's parole.
    19    3.  Upon  the  release  or  discharge of an incarcerated person from a
    20  correctional facility, the  department  shall  connect  such  person  to
    21  appropriate  reentry  providers.  All  reentry  providers with which the
    22  department connects a  person  pursuant  to  this  subdivision  and  all
    23  reentry  providers  with which the department coordinates on behalf of a
    24  person pursuant to subdivision two of this  section  shall  be  provided
    25  with  the  comprehensive  discharge  plan prepared by the department for
    26  such person pursuant to subdivision one of this section.   Such  reentry
    27  providers  shall  share such plan and related documents and records with
    28  another person or entity  only  with  the  informed,  voluntary  written
    29  consent  of  the  person  who  is  the subject of such plan, document or
    30  report.
    31    4. Notwithstanding any provision of  this  section,  nothing  in  this
    32  section  shall  delay the release or discharge of an incarcerated person
    33  while  awaiting  or  awaiting  the  completion  of  any  plan,   notice,
    34  connection,  referral,  coordination, offer, placement, service, report,
    35  or other thing described in this section, and the department  shall  not
    36  condition  release  or  discharge  of  an  incarcerated  person  on such
    37  person's enrollment or participation in any  treatment  facility  unless
    38  such  specific  enrollment  or participation has otherwise been lawfully
    39  required as a condition of release or discharge by the board of parole.
    40    § 2. Section 78 of the correction law, as added  by  section  81-b  of
    41  part  WWW  of  chapter  59  of  the  laws of 2017, is amended to read as
    42  follows:
    43    § 78. Discharge plans for juvenile offenders and adolescent offenders.
    44  The department, in consultation with the office of children  and  family
    45  services,  shall  provide  discharge  plans  for  juvenile offenders and
    46  adolescent offenders who are released to parole or  post-release  super-
    47  vision, which are tailored to address their individual needs. Such plans
    48  shall  include  services  designed  to  promote  public  safety  and the
    49  successful and productive reentry of such adolescents into society.
    50    § 3. This act shall take effect on the thirtieth day  after  it  shall
    51  have  become  a  law.    Effective  immediately, the addition, amendment
    52  and/or repeal of any rule or regulation necessary for the implementation
    53  of this act on  its  effective  date  are  authorized  to  be  made  and
    54  completed on or before such effective date.