senate Bill S107A

Provides inmates the opportunity to obtain a general equivalency diploma

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 28 / Feb / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 29 / Mar / 2011
    • DEFEATED IN CRIME VICTIMS, CRIME AND CORRECTION
  • 21 / Dec / 2011
    • AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • 21 / Dec / 2011
    • PRINT NUMBER 107A
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 21 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 07 / Mar / 2012
    • DEFEATED IN CRIME VICTIMS, CRIME AND CORRECTION

Summary

Provides inmates the opportunity to obtain a general equivalency diploma; instructs the department of corrections to ensure that academic education programs provide the appropriate curriculum and certified academic staff for GED instruction.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A5355A
Versions:
S107
S107A
Legislative Cycle:
2011-2012
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง136, Cor L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S4793, A3766
2007-2008: A7764B

Sponsor Memo

BILL NUMBER:S107A

TITLE OF BILL:
An act
to amend the correction law, in relation to providing inmates
with the opportunity to obtain a
general equivalency diploma

PURPOSE:
This legislation requires the Department of Correctional Services to
establish academic programs to prepare inmates to complete the
General Equivalency Diploma (GED) and provides inmates with an
opportunity to complete a GED prior to release on parole, conditional
release, post release supervision or presumptive release.

SUMMARY OF PROVISIONS:
Section two of the bill provides all inmates serving a determinate
term of imprisonment or an indeterminate sentence with the
opportunity to complete a GED.

Section three of the bill requires the Department of Correctional
Services to ensure that all inmates are afforded a reasonable
opportunity to do so by providing academic instruction at appropriate
Department facilities.

Section four provides for an effective date three years after enactment.

JUSTIFICATION:
Each year, the Department of Correctional Services releases 26,000
former inmates back to the community. The success of these
individuals stands to benefit our entire community while their
failure will only cause further victimization and feed the revolving
door of incarceration, costing the state many millions of dollars.
Education programs have been shown to reduce recidivism by up to 40%.
Similarly, employment is a major factor in reducing recidivism and
obtaining a GED greatly increases the chances that a former inmate
will be able to find gainful employment. This bill will ensure that
inmates will have an opportunity to obtain a GED thereby helping to
reduce recidivism and better prepare inmates for successful
reintegration into the community.

LEGISLATIVE HISTORY:
2009-2010: S.4793 - Passed Crime Victims, Crime and Correction Committee

FISCAL IMPLICATIONS:
Estimated cost of implementation is minimal because this bill codifies
existing DOCS directives that inmates have an opportunity to obtain a
GED.

EFFECTIVE DATE:
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.


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

                                 107--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  MONTGOMERY,  HASSELL-THOMPSON  --  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  commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01524-03-1

S. 107--A                           2

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-
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
FOURTEEN.
  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.