S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4793

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Crime Victims,  Crime
  and Correction

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:

  Section 1. Section 136 of the correction law, as amended by chapter 98
of the laws of 2007, is amended to read as follows:
  S 136. Correctional education. 1. The objective of correctional educa-
tion  in  its  broadest sense should be the socialization of the inmates
through varied impressional and expressional activities,  with  emphasis
on  individual  inmate needs. The objective of this program shall be the
return of these inmates to society with a more wholesome attitude toward
living, with a desire to conduct themselves as good citizens,  and  with
the  skill  and  knowledge  which  will give them a reasonable chance to
maintain themselves and their dependents through honest labor.  To  this
end  each  inmate  shall  be  given a program of education which, on the
basis of available data, seems most likely to  further  the  process  of
socialization  and  rehabilitation.  Provided that, the commissioner, in
consultation with the commissioner of education, shall develop a curric-
ula for and require provision of an education program to all inmates, on
a periodic basis, on the consequences  and  prevention  of  shaken  baby
syndrome  which may include the viewing of a video presentation thereon.
The time daily devoted to such education shall be such  as  is  required
for  meeting the above objectives. The director of education, subject to
the direction of  the  commissioner  and  after  consultation  with  the
commissioner of education, shall develop the curricula and the education
programs that are required to meet the special needs of each correction-
al facility in the department. The commissioner of education, in [co-op-
eration]  COOPERATION  with  the commissioner and the director of educa-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04416-01-9
              

S. 4793                             2

tion, shall set up the educational requirements for the certification of
teachers in all such correctional facilities. Such educational  require-
ments  shall be sufficiently broad and comprehensive to include training
in  penology, sociology, psychology, philosophy, in the special subjects
to be taught, and in any other professional courses  as  may  be  deemed
necessary by the responsible officers, and shall include training relat-
ing to the consequences and prevention of shaken baby syndrome which may
include the viewing of a video presentation thereon. No certificates for
teaching  service  in  the  state  institutions shall be issued unless a
minimum of four years of  training  beyond  the  high  school  has  been
secured,  or  an  acceptable  equivalent.  Existing requirements for the
certification of teachers in the institutions shall  continue  in  force
until changed pursuant to the provisions of this section.
  2.  ALL  INMATES ADMITTED TO THE DEPARTMENT SERVING A DETERMINATE TERM
OF IMPRISONMENT, OR AN INDETERMINATE SENTENCE OF IMPRISONMENT OTHER THAN
A SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE, WHO HAVE BEEN  EVALUATED
UPON  ADMISSION PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED THIR-
TY-SEVEN OF THIS ARTICLE AND ARE DETERMINED TO BE CAPABLE OF SUCCESSFUL-
LY COMPLETING THE ACADEMIC COURSE WORK REQUIRED FOR A GENERAL EQUIVALEN-
CY DIPLOMA, SHALL BE PROVIDED WITH  THE  OPPORTUNITY  TO  COMPLETE  SUCH
COURSE  WORK  AT LEAST TWO MONTHS PRIOR TO THE DATE ON WHICH SUCH INMATE
MAY BE PAROLED, CONDITIONALLY RELEASED, RELEASED TO POST RELEASE  SUPER-
VISION  PURSUANT  TO  SECTION  70.40  OF THE PENAL LAW, OR PRESUMPTIVELY
RELEASED, PURSUANT TO SECTION EIGHT HUNDRED THREE OF THIS CHAPTER.  UPON
ADMISSION  TO THE DEPARTMENT, SUCH INMATES WILL BE PROVIDED WITH WRITTEN
NOTICE THAT GENERAL EQUIVALENCY PROGRAMS ARE AVAILABLE FOR  ALL  INMATES
WHO SO APPLY.
  3.  THE DEPARTMENT SHALL ENSURE THAT ACADEMIC EDUCATION PROGRAMS WHICH
PROVIDE THE APPROPRIATE CURRICULUM  AND  CERTIFIED  ACADEMIC  STAFF  FOR
GENERAL EQUIVALENCY DIPLOMA INSTRUCTION ARE AVAILABLE AT ALL CORRECTION-
AL  FACILITIES HOUSING INMATES WHO ARE ELIGIBLE AS SPECIFIED IN SUBDIVI-
SION TWO OF THIS SECTION.  THE DEPARTMENT SHALL PROVIDE  ACADEMIC  STAFF
WHO ARE QUALIFIED TO PROVIDE SUCH INSTRUCTION AND WHO ARE MEMBERS OF THE
COMPETITIVE CLASS OF THE CIVIL SERVICE OF NEW YORK STATE. THE DEPARTMENT
SHALL  PROVIDE  SUFFICIENT  STAFF  AT  EACH  CORRECTIONAL FACILITY WHERE
ELIGIBLE INMATES ARE CONFINED TO ENSURE  A  CLASSROOM  RATIO  OF  TWENTY
INMATES FOR EACH GENERAL EQUIVALENCY DIPLOMA INSTRUCTOR.  THE DEPARTMENT
SHALL  DEVELOP  A  PLAN  FOR  IMPLEMENTATION  OF THE GENERAL EQUIVALENCY
DIPLOMA REQUIREMENT WHICH SHALL BE PRESENTED TO  THE  ASSEMBLY  STANDING
COMMITTEE  ON  CORRECTION  AND  THE  SENATE  STANDING COMMITTEE ON CRIME
VICTIMS, CRIME AND CORRECTION ON OR BEFORE  APRIL  FIRST,  TWO  THOUSAND
ELEVEN.
  S 2. This act shall take effect three years after it shall have become
a  law;  provided,  however,  that  effective immediately, the addition,
amendment and/or repeal of any rule  or  regulation  necessary  for  the
implementation  of  this  act  on  its effective date are authorized and
directed to be made and completed on or before such effective date.