NY State Senate Bill 2021-S8719

Senate Bill S8719

2021-2022 Legislative Session

Enacts the "Michael K. Williams law" to establish a grant program to incentivize counties and municipalities to reduce prison populations

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 05, 2022	referred to finance

2021-S8719 (ACTIVE) - Details

See Assembly Version of this Bill:: A9506
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add Art 35 §847, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S7118, A1070

2021-S8719 (ACTIVE) - Summary

Enacts the "Michael K. Williams law" to establish a grant program to incentivize counties and municipalities to reduce prison populations; makes an appropriation therefor.

2021-S8719 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8719

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the "Michael
K.  Williams law" to establish a grant program to incentivize counties
and municipalities to reduce prison populations; and making an appropri-
ation therefor

 
PURPOSE OR GENERAL IDEA OF BILL:

Section 1: Establishes that th6 act shall be known as the "Michael K.
Williams Law".

Section 2: Amends the executive law to provide grants administered by
the commissioner of the division of criminal justice under the attorney
general, to county governments. These grants may be awarded to counties
upon submission of an application denoting the ability to collect and
analyze local criminal justice and incarceration data regarding racial
and ethnic disparities and; provide for ways to decrease local jail and
prison populations within the county while monitoring racial and ethnic
disparities among the incarcerated populations and; establishes a path-

way to terminate contracts with counties where crime rates rise at a
rate of more than three(3) percent.

Section 3: Appropriates a total allocation through the program of seven
million dollars ($7,000,000).

Section 4: Appropriates a sum of up to and including, three hundred and
fifty thousand dollars ($350,000) per grant.

Section 5: States that each county may submit no more than one applica-
tion annually.

Section 6: States that the act shall take effect immediately.

 
JUSTIFICATION:

Michael K. Williams was an American actor, producer, and racial justice
advocate who grew up in East Flatbush, going on to be successful in the
film industry and lending his voice, as an Ambassador to the Innocence
Project and ACLU. "Our criminal justice system has swallowed up too many
people I love," Williams famously said.

Over-sentencing in predominately Black and brown communities across the
state has led to a dramatic inequality in the incarcerated population.
Attempts to lower prison populations through sentence reduction and
waivers have been carried out in such a way that minority groups contin-
ue to be disproportionately represented in these systems, making up
fifty-two (52) percent of the prison population as recently as 2020  
1.

In New York City, Black and Latinx people make up just 52 percent of the
population, but comprise 90 percent of jail admissions(2). These dispar-
ities not only affect those within the prison community, but also those
who were formerly imprisoned, with studies showing that of the $1.9
billion lost in earnings recorded in 2021, eighty (80) percent of those
loses were borne by the Black-and Latino communities.

Studies done by the Brennan Center for Justice and the Center for Ameri-
can Progress have also shown positive projections for governments that
institute policies incentivizing reductions in mass incarceration with
direct focuses on equality through specifically targeted grant quali-
fications and crime reduction safeguards).

Criminal justice practices that have been successful in reducing crime
both pre, and post, incarceration include: community policing through
collaboration with local business and citizens; increased recreational
opportunities for youth, increasing the availability and use of alterna-
tive-to- incarceration programs such as restorative justice programs and
substance abuse treatment; and employing community corrections
approaches such as risk/needs assessments, intensive wraparound
services, and comprehensive case management By utilizing local and
community based approaches, and encouraging data collection and analyza-
tion, including data on racial and ethnic disparities, this bill serves
to both reduce the prison population and keep our communities safe.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

 
EFFECTIVE DATE:
This act shall take effect immediately. 1 "2020 Adjusted Population for
Incarcerated Individuals ." New York State Legislative Task Force on
Demographic Research and Reapportionment,

2021-S8719 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8719
 
                             I N  S E N A T E
 
                               April 5, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to enacting the  "Michael
   K.  Williams law" to establish a grant program to incentivize counties
   and  municipalities to reduce prison populations; and making an appro-
   priation therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "Michael K.
 Williams law".
   §  2.  Article  35  of  the  executive  law is amended by adding a new
 section 847 to read as follows:
   § 847. MICHAEL K. WILLIAMS GRANT PROGRAM. 1. THERE IS  HEREBY  CREATED
 WITHIN  THE  DIVISION OF CRIMINAL JUSTICE SERVICES A DECARCERATION GRANT
 PROGRAM TO BE ADMINISTERED BY THE ATTORNEY GENERAL  ACTING  THROUGH  THE
 COMMISSIONER  TO  AWARD GRANTS TO COUNTY GOVERNMENTS FOR THE IMPLEMENTA-
 TION OF EVIDENCE-BASED PROGRAMS  DESIGNED  TO  REDUCE  CRIME  RATES  AND
 INCARCERATIONS.
   2. A GRANT MAY BE AWARDED UPON THE SUBMISSION OF AN APPLICATION TO THE
 ATTORNEY GENERAL WHICH:
   (A)  DEMONSTRATES  THE  ABILITY  TO COLLECT AND ANALYZE LOCAL CRIMINAL
 JUSTICE AND INCARCERATION DATA  INCLUDING  DATA  ON  RACIAL  AND  ETHNIC
 DISPARITIES;
   (B) ESTABLISHES BENCHMARKS TO TRACK DECARCERATION, A CLEAR METHODOLOGY
 TO  ACCOUNT FOR THE NUMBER OF PEOPLE IN CUSTODY AND GROWTH RATE OVER THE
 PAST THREE CALENDAR YEARS;
   (C) PROVIDES A MEANS TO DEVELOP A  STRATEGIC,  COLLABORATIVE  PLAN  TO
 DECREASE  LOCAL JAIL/PRISON POPULATIONS WHICH SHALL BE PUBLIC FACING AND
 OUTLINE HOW FUNDS, IF AWARDED, SHALL BE USED TO REDUCE  THE  PRISON/JAIL
 POPULATION IN THE COUNTY OVER TIME;
   (D)  SETS GOALS FOR THE REDUCTION OF RACIAL AND ETHNIC JAIL INCARCERA-
 TION DISPARITIES;
   (E) DEMONSTRATES THAT THE CRIME RATE WITHIN THE MUNICIPALITY  DID  NOT
 INCREASE BY MORE THAN THREE PERCENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13838-05-2
 S. 8719                             2
 
   3.  IF A GRANT IS AWARDED UPON THE SUBMISSION OF AN APPLICATION, FUNDS
 CANNOT BE USED TO CONSTRUCT NEW JAILS OR CORRECTIONAL CENTERS.
   4.  FINANCIAL SAVINGS CREATED THROUGH DECREASED INCARCERATION SHALL BE
 USED TO SUSTAIN PROGRAMMATIC AND COMMUNITY-BASED EFFORTS TO REDUCE  JAIL
 INCARCERATION.
   5.  GRANTEES  SHALL  CONSULT  WITH  MUNICIPAL,  COUNTY  AND  STATE LAW
 ENFORCEMENT AGENCIES, COURTS, PUBLIC DEFENSE PRACTITIONERS AND  COMMUNI-
 TY-BASED ORGANIZATIONS TO PLAN, IMPLEMENT AND EVALUATE.
   6.  IF  A  GRANTEE FAILS TO MEET THE INCARCERATION RATE AND RACIAL AND
 ETHNIC DISPARITIES REDUCTION REQUIREMENTS UNDER SUBDIVISION TWO OF  THIS
 SECTION IN ANY TWO CONSECUTIVE YEARS OF THE AWARD, THE ATTORNEY GENERAL,
 ACTING THROUGH THE COMMISSIONER, SHALL TERMINATE THE AWARD.
   § 3. The sum of seven million dollars ($7,000,000), or so much thereof
 as  may  be necessary, is hereby appropriated to the Michael K. Williams
 grant program as established pursuant to section 847  of  the  executive
 law from any moneys in the state treasury not otherwise appropriated and
 made  immediately available to the division of criminal justice services
 for distribution to municipalities for the purposes of carrying out  the
 provisions  of  this  act. Such moneys shall be payable on the audit and
 warrant of the comptroller on vouchers  certified  or  approved  by  the
 commissioner  of  criminal  justice services in the manner prescribed by
 law.
   § 4. Any financial assistance in the form of a grant may  be  provided
 for  any  amount from funds appropriated specifically therefor up to and
 including the amount of three hundred fifty thousand dollars.
   § 5. Each county may submit no more than one application annually.
   § 6. This act shall take effect immediately.

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