STATE OF NEW YORK
        ________________________________________________________________________
                                          1764
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        Introduced  by  M. of A. RICHARDSON, DE LA ROSA, BICHOTTE, AUBRY -- 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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05491-01-9

        A. 1764                             2
     1  nity supervision, the department of criminal justice services, the divi-
     2  sion of housing and community renewal,  the  department  of  labor,  the
     3  department  of  education,  the office of alcoholism and substance abuse
     4  services,  the office of probation and correctional alternatives and the
     5  division of parole. No person shall be a member of such commission while
     6  such person is a member of the senate or assembly. Any vacancy  on  such
     7  commission  shall  be filled in the same manner as the original appoint-
     8  ment was made. The chairperson of the commission shall be  the  head  or
     9  designee  of  the division of criminal justice services. The vice-chair-
    10  person of the commission shall be a representative of one of the  commu-
    11  nity-based organizations and appointed by the chairperson.
    12    b.  Except  as  provided  in subdivision a of this section, no member,
    13  officer or employee of the commission shall be disqualified from holding
    14  any other public office or employment, nor shall he or she  forfeit  any
    15  such office or employment by reason of his or her appointment hereunder,
    16  notwithstanding  the  provisions  of  any general, special or local law,
    17  ordinance or city charter.
    18    § 3. The members of the commission shall receive no  compensation  for
    19  their services, but shall be allowed their actual and necessary expenses
    20  incurred in the performance of their duties hereunder.
    21    §  4.  The commission may employ and at pleasure remove such personnel
    22  as it may deem necessary for the performance of its  functions  and  fix
    23  their  compensation  within  the amounts made available by appropriation
    24  therefor.
    25    § 5. For the accomplishment of its purposes, the commission  shall  be
    26  authorized and empowered to undertake any studies, inquiries, surveys or
    27  analyses  it  may  deem relevant through its own personnel or in cooper-
    28  ation with or by agreement with any other public or private agency. Such
    29  commission shall meet and hold public hearings or private meetings with-
    30  in or without the state, and shall have all the powers of a  legislative
    31  committee pursuant to the legislative law.
    32    §  6.  The  commission may request and shall receive from any court in
    33  the state and from any subdivision, department, board,  bureau,  commis-
    34  sion,  office,  agency  or  other instrumentality of the state or of any
    35  political subdivision thereof such facilities, assistance and data as it
    36  deems necessary or desirable for the proper execution of its powers  and
    37  duties and to effectuate the purposes set forth in this act.
    38    § 7. The commission shall make a report of its findings, including any
    39  recommendations  for  legislative  action  as  it may deem necessary and
    40  appropriate, to the governor and the legislature no later than the thir-
    41  ty-first of December in the year next succeeding the year in which  this
    42  act shall have become a law.
    43    §  8.  The  sum of two hundred fifty thousand dollars ($250,000) or so
    44  much thereof as may be deemed necessary is hereby  appropriated  out  of
    45  any  moneys  in  the state treasury in the general fund to the credit of
    46  the state purposes account for services and expenses of the state crimi-
    47  nal justice commission on reentry, not otherwise appropriated, and  made
    48  immediately available for the purposes of carrying out the provisions of
    49  this  act.  Such moneys shall be payable on the audit and warrant of the
    50  comptroller on vouchers certified or approved by the chair of the tempo-
    51  rary commission established by this act.
    52    § 9. This act shall take effect immediately and shall continue in full
    53  force and effect until the thirty-first of December next succeeding  the
    54  year  in  which  it  shall  have  become  a  law when upon such date the
    55  provisions of this act shall expire and be deemed repealed.