STATE OF NEW YORK ________________________________________________________________________ 2461 2023-2024 Regular Sessions IN ASSEMBLY January 26, 2023 ___________ Introduced by M. of A. HEVESI, BURDICK, SIMON, DAVILA, GONZALEZ-ROJAS -- read once and referred to the Committee on Correction AN ACT to amend the social services law and the correction law, in relation to programs, supports and services for individuals being released from state and local correctional facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 158 of the social services law, as 2 amended by section 1 of part U of chapter 56 of the laws of 2022, is 3 amended to read as follows: 4 4. (a) Social services officials shall determine eligibility for safe- 5 ty net assistance within thirty days of receiving an application for 6 safety net assistance. Such officials shall notify applicants of safety 7 net assistance about the availability of assistance to meet emergency 8 circumstances or to prevent eviction. 9 (b) When a local social services district is identified as the 10 district of residence for an individual being released from a state or 11 local correctional facility, such district shall accept an application 12 for safety net assistance six months prior to such individual's earliest 13 expected release date. In the event the individual is not granted 14 parole, his or her application will be placed on hold status to be 15 re-activated and given a priority rank once such individual is granted 16 parole and an official release date is known. This special status shall 17 be defined by process completion of the application by the respective 18 district office within thirty days of receiving the official release 19 date. 20 § 2. Subparagraph (iv) of paragraph (a) of subdivision 1 of section 21 209 of the social services law, as amended by chapter 669 of the laws of 22 2022, is amended to read as follows: 23 (iv) is a resident of the state and is either a citizen of the United 24 States or is not a noncitizen who is or would be ineligible for federal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01195-01-3A. 2461 2 1 supplemental security income benefits solely by reason of noncitizen 2 status. Provided however, an individual incarcerated in a state or local 3 correctional facility, with the intention of residing in the state of 4 New York upon their release, shall be eligible to apply for state 5 supplemental payments at least six months prior to their earliest 6 expected release date. In the event the individual is not granted 7 parole, his or her application will be placed on hold status to be 8 re-activated and given a priority rank once such individual is granted 9 parole and an official release date is known. This special status will 10 be defined by process completion of the application by the respective 11 district office within thirty days of receiving the official release 12 date. 13 § 3. Subdivision 2 of section 112 of the correction law, as amended by 14 chapter 322 of the laws of 2021, is amended to read as follows: 15 2. The commissioner shall have the management and control of persons 16 released on community supervision and of all matters relating to such 17 persons' effective reentry into the community, as well as all contracts 18 and fiscal concerns thereof. The commissioner shall have the power and 19 it shall be his or her duty to inquire into all matters connected with 20 said community supervision. The commissioner shall make such rules and 21 regulations, not in conflict with the statutes of this state, for the 22 governance of the officers and other employees of the department 23 assigned to said community supervision, and in regard to the duties to 24 be performed by them, as he or she deems proper and shall cause such 25 rules and regulations to be furnished to each employee assigned to 26 perform community supervision. The commissioner shall also prescribe a 27 system of accounts and records to be kept, which shall be uniform. The 28 commissioner shall also make rules and regulations for a record of 29 photographs and other means of identifying each incarcerated individual 30 released to community supervision. The commissioner shall appoint offi- 31 cers and other employees of the department who are assigned to perform 32 community supervision. Each incarcerated individual will be eligible to 33 apply for safety net assistance, supplemental security income and state 34 supplemental payments prior to their earliest expected release date in 35 accordance with section one hundred fifty-eight of the social services 36 law, 42 USC § 1383 and section two hundred nine of the social services 37 law, respectively. The department shall provide assistance in completing 38 and filing such applications and may contract with not-for-profit 39 providers with experience assisting individuals during the application 40 and appeals processes of such benefits to provide incarcerated individ- 41 uals with assistance completing applications for such benefits. 42 § 4. The correction law is amended by adding a new section 500-q to 43 read as follows: 44 § 500-q. Re-entry services. Each incarcerated individual will be 45 eligible to apply for re-entry services, which must include, but are not 46 limited to safety net assistance, supplemental security income and state 47 supplemental payments prior to their earliest expected release date in 48 accordance with section one hundred fifty-eight of the social services 49 law, 42 USC § 1383 and section two hundred nine of the social services 50 law, respectively. The offender rehabilitation coordinator or other 51 person in charge of re-entry services at a local correctional facility 52 will provide assistance in completing and filing such applications and 53 may contract with not-for-profit providers with experience assisting 54 individuals during the application and appeals processes for such bene- 55 fits to provide incarcerated individuals with assistance in completing 56 applications for such benefits. Each correctional facility will beA. 2461 3 1 required to report out to the criminal justice committee of the New York 2 state legislature on how they are providing such re-entry services. Such 3 reporting must include metrics on how many people were served and what 4 services were received. 5 § 5. The correction law is amended by adding a new section 71-b to 6 read as follows: 7 § 71-b. Reintegration pilot program. 1. The department, in collab- 8 oration with the office of temporary and disability assistance, the 9 office of mental health and the office of addiction services and 10 supports shall establish and conduct a five year reintegration pilot 11 program to help ensure incarcerated individuals within the correctional 12 facilities receive the supports and services necessary to meaningfully 13 prepare for their release while still incarcerated, assist individuals 14 to reintegrate into the community upon release and reduce recidivism. 15 Such pilot program shall be conducted in three correctional facilities, 16 one female and two male facilities, selected by the department, taking 17 into consideration adequate geographic distribution within the state as 18 well as availability of sufficient links to supports and services 19 required by this section. For purposes of this pilot program, there 20 shall be at least one hundred incarcerated individuals who on a volun- 21 tary basis request placement in the pilot program up to one year before 22 their earliest expected release date. In the event the individual is not 23 granted parole, his or her application will be placed on hold status to 24 be re-activated and given a priority rank once such individual is grant- 25 ed parole and an official release date is known. This special status 26 will be defined by process completion of the application by the respec- 27 tive district office within thirty days of receiving the official 28 release date. Upon admission to the program, each incarcerated individ- 29 ual shall receive an in-depth screening and assessment to determine 30 their specific needs as relating to, including but not limited to, 31 mental health and substance use disorder services, educational needs and 32 job readiness. In addition to an in-depth screening and assessment, 33 participants in the pilot program shall also be linked with not-for-pro- 34 fit organizations and peer to peer engagement opportunities to assist 35 with the individual's reintegration planning. This shall occur no less 36 than six months prior to their expected release date and shall consist 37 of, but not be limited to, assistance applying for public benefits, 38 referrals and links to mental health and/or substance use disorder 39 service providers if applicable, connections to employment opportunities 40 as well as job training programs if appropriate, assistance finding 41 available stable housing options to be available upon release and gener- 42 al supports and services that may be helpful for an individual reinte- 43 grating back into the community. In the event the individual is not 44 granted parole, his or her application will be placed on hold status to 45 be re-activated and given a priority rank once such individual is grant- 46 ed parole and an official release date is known. This special status 47 will be defined by process completion of the application by the respec- 48 tive district office within thirty days of receiving the official 49 release date. 50 2. Upon release from the correctional facility, individuals will 51 continue to receive supports and services, as needed, for an additional 52 six months, to ensure the individual's successful reintegration into the 53 community. Such services shall include, but not be limited to, connect- 54 ing individuals to health and behavioral health services, as appropri- 55 ate, assistance ensuring compliance with any parole or court mandated 56 activities, connections to employment opportunities based on theirA. 2461 4 1 skills identified while incarcerated and assistance acquiring stable 2 affordable housing. The collaborating agencies shall contract with not- 3 for-profit providers to effectuate the requirements specified in this 4 section. 5 3. The commissioner, in consultation with appropriate community organ- 6 izations, shall submit within one year of the effective date of this 7 section, and annually thereafter, a report to the governor, the tempo- 8 rary president of the senate and the speaker of the assembly on the 9 effectiveness of this pilot program. Such reports shall include an anal- 10 ysis of the outcomes of the pilot program and recommendations for 11 continued efforts to meaningfully prepare incarcerated individuals for 12 their release while still incarcerated, assist individuals to reinte- 13 grate into the community upon release and reduce recidivism. Such infor- 14 mation provided in the report shall include, but not be limited to, 15 information on the types of convictions of incarcerated individuals 16 participating in the pilot program; the specific types of services that 17 were provided while incarcerated as well as upon release; the outcomes 18 and effectiveness, to the extent it is known, of such services provided; 19 whether participants in the pilot program were able to find stable 20 affordable housing and/or employment during their participation in the 21 pilot program and any barriers that may have contributed to their 22 inability to find housing and/or employment; and any other information 23 or factors that were identified that may have created barriers to an 24 individual's reintegration once released and the additional services 25 that may alleviate those barriers. 26 4. No person shall have the right to demand or require participation 27 in the pilot program authorized by this section. 28 5. Nothing in this section shall be construed to authorize the depart- 29 ment to hold an incarcerated individual in confinement beyond their 30 earliest release date. 31 § 6. This act shall take effect on the first of January next succeed- 32 ing the date upon which it shall have become a law. Effective immediate- 33 ly, the addition, amendment and/or repeal of any rule or regulation 34 necessary for the implementation of this act on its effective date are 35 authorized to be made and completed on or before such effective date.