S T A T E O F N E W Y O R K
________________________________________________________________________
8552
2009-2010 Regular Sessions
I N A S S E M B L Y
May 27, 2009
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Correction
AN ACT to establish a commission on post-secondary correctional educa-
tion; and providing for the repeal of such provisions upon the expira-
tion thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature finds that
the availability of post-secondary correctional education has the poten-
tial to reduce recidivism, increase employment opportunities for inmates
upon release and have a positive impact on prison safety and security.
The legislature further finds that there is currently a lack of avail-
able post-secondary educational opportunities for inmates in the New
York state prison system.
Studies have consistently found that the higher the level of education
attained, the more likely a former inmate will be to obtain gainful and
stable employment, and the less likely he or she will be to engage in
future criminal activity. However, in 1994, federal tuition assistance,
in the form of Pell Grants, for individuals incarcerated in federal and
state correctional facilities was terminated with the enactment of the
Violent Crime Control and Law Enforcement Act. Then, in 1995, New York
prohibited inmates from accessing state funds through the Tuition
Assistance Program (TAP) for post-secondary correctional education.
According to a report published by the Correctional Association of New
York in January, 2009, entitled "Education From the Inside, Out: The
Multiple Benefits of College Programs in Prison," only four out of
seventy post-secondary correctional education programs continued to
operate in New York following the termination of TAP availability for
inmates.
According to the Correctional Association of New York report, statis-
tical evidence from several highly regarded studies demonstrates that
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14074-01-9
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college programming in prison is a highly effective tool in reducing
recidivism. For example, the report cites a 1991 study released by New
York's department of correctional services that found inmates who earned
a degree while incarcerated had a 26.4 percent recidivism rate whereas
44.6 percent of participants who did not earn a degree were returned to
custody. The report cites another influential study, published in 2004,
"Post-Secondary Correctional Education and Recidivism: A Meta-Analysis
of Research Conducted 1990-1999," that found inmates who participated in
post-secondary correctional education programs recidivated 22 percent of
the time and those who did not participate had a recidivism rate of 41
percent. Further, the New York state commission on sentencing reform
recently reported that post-secondary correctional education programs
have been shown to reduce recidivism by up to 40% and the commission
recommended that more post-secondary educational opportunities be made
available to inmates.
The Correctional Association of New York report also asserts that
in-prison college programs are a cost-effective method of improving
public safety. The report states that "the cost differences in education
versus incarceration in New York, plus the short- and long-term benefits
of a better educated population, makes investment in higher education
for incarcerated individuals and people in the community smart fiscal
policy." The report cites one cost-benefit analysis that found the cost
to a state per crime prevented by offering education to inmates is about
$1,600 while the cost per crime prevented by extending prison sentences
is $2,800. In other words, according to the study, a $1 million invest-
ment in incarceration will prevent about 350 crimes, while that same
investment in education will prevent more than 600 crimes meaning that
correctional education may be almost twice as cost effective as incar-
ceration.
In addition, research suggests that post-secondary programs in prison
can provide inmates with an incentive for good behavior and greatly
enhance an inmate's problem-solving skills thereby reducing tension and
violent interactions between inmates and staff and among inmates.
Reportedly, inmates who attend post-secondary educational classes are
among the best-behaved of the inmate population because there is a
strong incentive to avoid conduct that could result in discipline and a
loss of credit for the college program.
Despite the potential benefits of post-secondary correctional educa-
tion programs, only a relatively small number of programs currently
operate in the New York state prisons funded mostly through private
sources, federal grants for youth offenders or through small legislative
initiative grants.
S 2. A temporary state commission, to be known as the New York state
commission on post-secondary correctional education, hereinafter
referred to as the commission, is hereby created to examine, evaluate,
and make recommendations concerning the availability, effectiveness and
need for expansion of post-secondary education in the New York state
prison system. The issues to be considered by the commission shall
include, but not be limited to, the following:
a. the benefits of post-secondary correctional education in improving
public safety by reducing recidivism;
b. the impact of post-secondary correctional education on an inmate's
employment opportunities upon release from prison;
c. the impact of post-secondary correctional education on an inmate's
reintegration into society upon release from prison;
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d. the cost savings, if any, associated with reduced recidivism and
the successful reintegration of released inmates who have participated
in post-secondary correctional education;
e. the impact of post-secondary correctional education on prison safe-
ty and security;
f. the need, if any, to expand post-secondary correctional educational
programs in the New York state prison system and the costs associated
with such an expansion; and
g. recommendations for funding options, including but not limited to
the Tuition Assistance Program, to increase that availability of post-
secondary correctional education in the New York state prison system.
S 3. The commission shall consist of fifteen members, to be appointed
as follows: four members shall be appointed by the governor and shall
include the commissioner of the department of correctional services, and
one member each from the division of parole, the division of criminal
justice services and the New York state higher education services corpo-
ration; six members, with three appointments by the temporary president
of the senate and three by the speaker of the assembly, shall be repre-
sentatives of private providers of post-secondary education services in
New York state prisons, criminal justice advocates, and academic profes-
sionals; one member shall be appointed by the minority leader of the
senate; and one member shall be appointed by the minority leader of the
assembly. The remaining members shall be the chancellor, or his or her
designee, of the city university of New York, the chancellor, or his or
her designee, of the state university of New York and the commissioner
of the state department of education. The commission shall be co-chaired
by the commissioner of the state department of correctional services and
the commissioner of the state department of education. The vice-chair-
person of the commission shall be a representative of one of the private
providers of post-secondary education services as appointed by the
chairpersons. Vacancies in the membership of the commission shall be
filled in the manner provided for original appointments.
S 4. The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder. To the maximum
extent feasible, the commission shall be entitled to request and receive
and shall utilize and be provided with such facilities, resources, and
data of any court, department, division, board, bureau, commission, or
agency of the state or any political subdivision thereof as it deems
necessary or desirable to carry out properly its powers and duties here-
under.
S 5. For the accomplishment of its purposes, the commission shall be
authorized and empowered to undertake any studies, inquiries, surveys or
analyses it may deem relevant in cooperation with or by agreement with
any other public or private agency. The commission shall meet and hold
public hearings or private meetings within or without the state, and
shall have all the powers of a legislative committee pursuant to the
legislative law.
S 6. The commission shall make a report of its findings, including any
recommendations for legislative action as it may deem necessary and
appropriate, to the governor, the temporary president of the senate, the
speaker of the assembly, the chairperson of the senate committee on
crime victims, crime and correction and the chairperson of the assembly
committee on correction no later than one year after the effective date
of this act.
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S 7. This act shall take effect immediately and shall expire and be
deemed repealed one year after such effective date; provided that the
appointment of members to the New York state commission on post-secon-
dary correctional education shall be completed within sixty days of such
effective date.