What's happening
This bill requires New York prisons to enroll inmates in assigned programs promptly and prioritize program placement if parole is denied for incomplete programs.
Why it matters
Speeds up inmate access to required programs. , which can help prisoners complete necessary courses—such as substance abuse or educational programs—sooner, potentially making them eligible for parole at the earliest opportunity.
Addresses a common barrier to parole. , as parole boards often deny release if an inmate hasn’t finished required programs; by prioritizing enrollment after a denial, this reduces the risk that administrative delays, rather than behavior or readiness, keep people incarcerated.
Could reduce prison overcrowding and costs. by helping eligible inmates move through the system more efficiently, lowering the number of people held simply because of program waitlists.
Makes the system more consistent and fair. by ensuring that inmates aren’t unfairly penalized for not completing programs when the delay was outside their control, which could also improve morale and compliance within correctional facilities.
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Who cares
Headline styles
Enroll Inmates in Programs
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Substituted by A6353B
- Ordered to third reading cal.1560
- Reported and committed to rules
- Reported and committed to finance
- Print number 5494a
- Amend and recommit to crime victims, crime and correction
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enroll Inmates in Programs
Signed by Governor · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5494--A
2017-2018 Regular Sessions
IN SENATE
April 3, 2017
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law and the executive law, in relation to enrolling inmates into programs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 137 of the correction law, as added by chapter 476 of the laws of 1970, is amended to read as follows:
1. The commissioner shall establish program and classification procedures designed to assure the complete study of the background and condition of each inmate in the care or custody of the department and the assignment of such inmate to a program that is most likely to be useful in assisting him to refrain from future violations of the law. Such procedures shall be incorporated into the rules and regulations of the department and shall require among other things: consideration of the physical, mental and emotional condition of the inmate; consideration of his educational and vocational needs; enrollment of each inmate in assigned programs as soon as practicable; consideration of the danger he presents to the community or to other inmates; the recording of continuous case histories including notations as to apparent success or failure of treatment employed; and periodic review of case histories and treatment methods used.
§ 2. Subdivision 1 of section 259-l of the executive law, as amended by section 38-j of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
1. It shall be the duty of the commissioner of corrections and community supervision to [insure] ensure that all officers and employees of the department shall at all times cooperate with the board of parole and shall furnish to such members of the board and employees of the board
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10378-08-7
S. 5494--A 2
such information as may be appropriate to enable them to perform their independent decision making functions. It is also his or her duty to ensure that the functions of the board of parole are not hampered in any way, including but not limited to: a restriction of resources including staff assistance; limited access to vital information; and presentation of inmate information in a manner that may inappropriately influence the board in its decision making. Where an inmate has appeared before the board prior to having completed any program assigned by the department, and where the board has denied such inmate release pursuant to paragraph (a) of subdivision two of section two hundred fifty-nine-i of this article, the department shall prioritize such inmate's immediate placement into the assigned program.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law and the executive law, in relation to enrolling inmates into programs
Purpose
This bill provides that inmates will be placed in assigned programs as soon as possible and, if denied parole release because they have not finished such programs, be prioritized for immediate placement into such program.
Summary of provisions
Section 1 amends Correction Law § 137.
Section 2 amends Executive Law § 259-1 (1).
Section 3 provides an effective date.
Justification
The Board of Parole generally sees an inmate four months before his or her parole eligibility date to make a determination about whether or not the inmate should be released to community supervision or should remain in prison. Currently the Department of Corrections and Community Supervision (DOCCS) waits until an inmate is close to his or her earliest release date to place him or her in assigned programs, such as alcohol and substance abuse treatment or anger management. DOCCS generally times such placement so an inmate can complete any assigned programs before his or her first possible release date, but not necessarily before his or her first appearance before the Board of Parole. That means that some inmates see the board for the first time during their programs instead of after their programs are completed, causing the board to turn them down for parole release. Other times an inmate is not placed in an assigned program because he or she has first board appearance scheduled before the program would be completed; in these cases, the inmate appears before the board never having taken the program at all. In many cases, inmates eligible for an Earned Certificate of Eligibility end up appearing before the board "non-certified" meaning without having completed his or her programs. In each of these cases, the board typically denies release and reschedules the inmate for a reappearance interview, usually twenty-four months later. This bill would mandate that all inmates be placed in programs as soon as possible and that those inmates who appear before the board without having completed their programs, and who are denied release, are prioritized for immediate placement into the necessary program.
Fiscal implications
Will save the state money by making the parole determination process more efficient and causing fewer people to be held past their earliest release dates because they have not yet completed their assigned programs.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.