Bill Text: NY A03838 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides inmates the opportunity to take the test assessing secondary completion.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2015-11-20 - signed chap.431 [A03838 Detail]

Download: New_York-2015-A03838-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3838--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by  M.  of  A.  AUBRY,  COLTON, MOSLEY, SCARBOROUGH, FAHY --
         Multi-Sponsored by -- M. of A. ABINANTI, CLARK, McDONALD, PERRY, SKAR-
         TADOS -- read once and referred to  the  Committee  on  Correction  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the correction law, in  relation  to  providing  inmates
         with the opportunity to obtain a general equivalency diploma
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 136 of the correction law, as amended by chapter 98
    2  of the laws of 2007, is amended to read as follows:
    3    S 136. Correctional education. 1. The objective of correctional educa-
    4  tion in its broadest sense should be the socialization  of  the  inmates
    5  through  varied  impressional and expressional activities, with emphasis
    6  on individual inmate needs. The objective of this program shall  be  the
    7  return of these inmates to society with a more wholesome attitude toward
    8  living,  with  a desire to conduct themselves as good citizens, and with
    9  the skill and knowledge which will give  them  a  reasonable  chance  to
   10  maintain  themselves  and their dependents through honest labor. To this
   11  end each inmate shall be given a program  of  education  which,  on  the
   12  basis  of  available  data,  seems most likely to further the process of
   13  socialization and rehabilitation. Provided that,  the  commissioner,  in
   14  consultation with the commissioner of education, shall develop a curric-
   15  ula for and require provision of an education program to all inmates, on
   16  a  periodic  basis,  on  the  consequences and prevention of shaken baby
   17  syndrome which may include the viewing of a video presentation  thereon.
   18  The  time  daily  devoted to such education shall be such as is required
   19  for meeting the above objectives. The director of education, subject  to
   20  the  direction  of  the  commissioner  and  after  consultation with the
   21  commissioner of education, shall develop the curricula and the education
   22  programs that are required to meet the special needs of each correction-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02228-03-5
       A. 3838--A                          2
    1  al facility in the department. The commissioner of education, in [co-op-
    2  eration] COOPERATION with the commissioner and the  director  of  educa-
    3  tion, shall set up the educational requirements for the certification of
    4  teachers  in all such correctional facilities. Such educational require-
    5  ments shall be sufficiently broad and comprehensive to include  training
    6  in  penology, sociology, psychology, philosophy, in the special subjects
    7  to be taught, and in any other professional courses  as  may  be  deemed
    8  necessary by the responsible officers, and shall include training relat-
    9  ing to the consequences and prevention of shaken baby syndrome which may
   10  include the viewing of a video presentation thereon. No certificates for
   11  teaching  service  in  the  state  institutions shall be issued unless a
   12  minimum of four years of  training  beyond  the  high  school  has  been
   13  secured,  or  an  acceptable  equivalent.  Existing requirements for the
   14  certification of teachers in the institutions shall  continue  in  force
   15  until changed pursuant to the provisions of this section.
   16    2.  ALL  INMATES ADMITTED TO THE DEPARTMENT SERVING A DETERMINATE TERM
   17  OF IMPRISONMENT, OR AN INDETERMINATE SENTENCE OF IMPRISONMENT OTHER THAN
   18  A SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE, WHO HAVE BEEN  EVALUATED
   19  UPON  ADMISSION PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED THIR-
   20  TY-SEVEN OF THIS ARTICLE AND ARE DETERMINED TO BE CAPABLE OF SUCCESSFUL-
   21  LY COMPLETING THE ACADEMIC COURSE WORK REQUIRED FOR A GENERAL EQUIVALEN-
   22  CY DIPLOMA, SHALL BE PROVIDED WITH  THE  OPPORTUNITY  TO  COMPLETE  SUCH
   23  COURSE  WORK  AT LEAST TWO MONTHS PRIOR TO THE DATE ON WHICH SUCH INMATE
   24  MAY BE PAROLED, CONDITIONALLY RELEASED, RELEASED TO POST-RELEASE  SUPER-
   25  VISION  PURSUANT  TO  SECTION  70.40  OF THE PENAL LAW, OR PRESUMPTIVELY
   26  RELEASED, PURSUANT TO SECTION EIGHT HUNDRED THREE OF THIS CHAPTER.  UPON
   27  ADMISSION  TO THE DEPARTMENT, SUCH INMATES WILL BE PROVIDED WITH WRITTEN
   28  NOTICE THAT GENERAL EQUIVALENCY PROGRAMS ARE AVAILABLE FOR  ALL  INMATES
   29  WHO SO APPLY.
   30    3.  THE DEPARTMENT SHALL ENSURE THAT ACADEMIC EDUCATION PROGRAMS WHICH
   31  PROVIDE THE APPROPRIATE CURRICULUM  AND  CERTIFIED  ACADEMIC  STAFF  FOR
   32  GENERAL EQUIVALENCY DIPLOMA INSTRUCTION ARE AVAILABLE AT ALL CORRECTION-
   33  AL  FACILITIES HOUSING INMATES WHO ARE ELIGIBLE AS SPECIFIED IN SUBDIVI-
   34  SION TWO OF THIS SECTION.  THE DEPARTMENT SHALL PROVIDE  ACADEMIC  STAFF
   35  WHO ARE QUALIFIED TO PROVIDE SUCH INSTRUCTION AND WHO ARE MEMBERS OF THE
   36  COMPETITIVE  CLASS  OF THE CIVIL SERVICE OF NEW YORK STATE.  THE DEPART-
   37  MENT SHALL DEVELOP A PLAN FOR IMPLEMENTATION OF THE GENERAL  EQUIVALENCY
   38  DIPLOMA  REQUIREMENT  WHICH  SHALL BE PRESENTED TO THE ASSEMBLY STANDING
   39  COMMITTEE ON CORRECTION AND  THE  SENATE  STANDING  COMMITTEE  ON  CRIME
   40  VICTIMS,  CRIME  AND  CORRECTION  ON OR BEFORE APRIL FIRST, TWO THOUSAND
   41  NINETEEN.
   42    S 2. This act shall take effect three years after it shall have become
   43  a law; provided, however,  that  effective  immediately,  the  addition,
   44  amendment  and/or  repeal  of  any  rule or regulation necessary for the
   45  implementation of this act on its  effective  date  are  authorized  and
   46  directed to be made and completed on or before such effective date.