STATE OF NEW YORK ________________________________________________________________________ 7229 2021-2022 Regular Sessions IN SENATE June 7, 2021 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD11766-04-1S. 7229 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 andS. 7229 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.