S T A T E O F N E W Y O R K
________________________________________________________________________
3199
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
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Introduced by M. of A. BENJAMIN, CLARK, GREENE, CAMARA, WRIGHT, ROBIN-
SON, ESPAILLAT -- Multi-Sponsored by -- M. of A. COLTON, GOTTFRIED,
HOOPER, MAISEL, MAYERSOHN, REILLY, SCARBOROUGH, SCHIMEL, SWEENEY,
WEISENBERG -- read once and referred to the Committee on Codes
AN ACT to amend the executive law and the court of claims act, in
relation to establishing the office of re-entry coordination for the
wrongfully convicted and the re-entry for the wrongfully convicted
program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding two new sections
837-s and 837-t to read as follows:
S 837-S. OFFICE OF RE-ENTRY COORDINATION FOR THE WRONGFULLY CONVICTED.
1. THERE IS HEREBY ESTABLISHED WITHIN THE DIVISION THE OFFICE OF RE-EN-
TRY COORDINATION FOR THE WRONGFULLY CONVICTED, HEREINAFTER REFERRED TO
AS THE "OFFICE".
2. THE OFFICE ESTABLISHED BY THE COMMISSIONER, IN CONSULTATION WITH
THE COMMISSIONER OF MENTAL HEALTH, THE COMMISSIONER OF LABOR, AND THE
SECRETARY OF STATE, SHALL BE RESPONSIBLE FOR THE IMPLEMENTATION AND
COORDINATION OF THE RE-ENTRY FOR THE WRONGFULLY CONVICTED PROGRAM
SERVICES, AS PROVIDED IN SECTION EIGHT HUNDRED THIRTY-SEVEN-T OF THIS
ARTICLE. ITS ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) DISTRIBUTING FUNDS, APPROPRIATED THEREFOR, TO PROGRAM PARTIC-
IPANTS;
(B) SERVING AS A CLEARINGHOUSE FOR REFERRAL INFORMATION INCLUDING
PHYSICAL AND MENTAL HEALTH CARE TREATMENT PROVIDERS; HOUSING REFERRAL
CONTACTS; EDUCATION AND EMPLOYMENT OPPORTUNITY COUNSELORS; FINANCIAL
PLANNING, INVESTMENT AND DEBT MANAGEMENT SPECIALISTS, AND ANY OTHER
ASSISTANCE FOR THE WRONGFULLY CONVICTED TO RE-INTEGRATE INTO SOCIETY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05770-01-9
A. 3199 2
(C) ADVISING THE GOVERNOR AND THE LEGISLATURE ON THE MOST EFFECTIVE
WAYS FOR STATE GOVERNMENT TO ADDRESS NEEDS AND PROVIDE SERVICES FOR THE
WRONGFULLY CONVICTED;
(D) COORDINATING AND RECOMMENDING POLICY AND INTERAGENCY INITIATIVES
INCLUDING MATTERS RELATING TO RESIDENTIAL ISSUES, PHYSICAL HEALTH
ISSUES, MENTAL HEALTH ISSUES, FINANCIAL PLANNING AND MANAGEMENT, EMPLOY-
MENT ASSISTANCE, AND OTHER MATTERS RELATING TO RE-ENTRY AND RE-INTEGRA-
TION INTO SOCIETY;
(E) ACTING AS AN ADVOCATE FOR RE-INTEGRATION OF WRONGFULLY CONVICTED
PERSONS;
(F) DEVELOPING AND IMPLEMENTING CAMPAIGNS OF PUBLIC AWARENESS AND
FOSTERING COMMUNITY SUPPORT; AND
(G) DEVELOPING A MANAGEMENT SYSTEM AND OTHER INFORMATION TECHNOLOGY TO
SUPPORT STATE ACTIVITIES IN THE COORDINATION AND EVALUATION OF THE
RE-ENTRY FOR THE WRONGFULLY CONVICTED PROGRAM.
3. OTHER STATE AGENCIES SHALL PROVIDE COOPERATION AND ASSISTANCE TO
THE OFFICE SO AS TO ASSIST IT IN THE EFFECTIVE PERFORMANCE OF ITS
DUTIES.
4.(A) THE DIVISION SHALL ANNUALLY PUBLISH A REPORT ON:
(I) THE AMOUNT OF COMPENSATION MADE BY THE OFFICE TO WRONGFULLY
CONVICTED AND IMPRISONED PERSONS, INCLUDING THE NUMBERS OF PERSONS
SERVED AND THE LENGTH OF PARTICIPATION IN THE PROGRAM;
(II) THE NUMBERS AND TYPES OF REFERRALS MADE FOR EACH CATEGORY OF
REFERRAL PROVIDED TO PARTICIPANTS IN THE PROGRAM; AND
(III) THE PROGRAM EVALUATION AND RECOMMENDATIONS FOR CHANGE.
(B) COPIES OF SUCH REPORT SHALL BE SENT TO THE LEGISLATURE AND THE
GOVERNOR AND BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
S 837-T. RE-ENTRY FOR THE WRONGFULLY CONVICTED PROGRAM. THE RE-ENTRY
FOR THE WRONGFULLY CONVICTED PROGRAM IS HEREBY ESTABLISHED FOR PERSONS
WHO HAVE BEEN PARDONED FOR OR ADJUDICATED UNJUSTLY CONVICTED AND IMPRI-
SONED, AND ELECT TO PARTICIPATE IN SUCH PROGRAM, HEREINAFTER REFERRED TO
AS THE "PROGRAM". 1. THE APPLICANT MUST PRESENT TO THE OFFICE OF RE-EN-
TRY COORDINATION FOR THE WRONGFULLY CONVICTED A VERIFIED COPY OF A JUDG-
MENT IN FAVOR OF HIS OR HER CLAIM OF UNJUST CONVICTION AND IMPRISONMENT,
AS PROVIDED IN SECTION EIGHT-B OF THE COURT OF CLAIMS ACT.
2. THE PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
COMPONENTS UPON VERIFICATION OF ELIGIBILITY BY THE COMMISSIONER, OR HIS
OR HER DESIGNEE:
(A) IMMEDIATE ENROLLMENT FOR UP TO TEN YEARS INTO HEALTH INSURANCE FOR
STATE AND RETIRED EMPLOYEES, AS PROVIDED IN ARTICLE ELEVEN OF THE CIVIL
SERVICE LAW, OR ITS BENEFIT EQUIVALENT;
(B) REFERRAL AND COMPENSATION FOR HOUSING AND TRANSPORTATION FOR ONE
YEAR;
(C) REFERRAL AND COMPENSATION FOR MENTAL HEALTH AND PHYSICAL HEALTH
COSTS NOT COVERED BY INSURANCE FOR AS LONG AS MEDICALLY NECESSARY;
(D) COMPENSATION FOR ATTORNEY FEES FOR THE COURT OF CLAIMS PROCEEDING
NOT TO EXCEED SEVENTY-FIVE THOUSAND DOLLARS;
(E) REFERRALS TO PROGRAM SERVICES INCLUDING, BUT NOT LIMITED TO, PHYS-
ICAL HEALTH SERVICES, MENTAL HEALTH SERVICES, PARENTING AND FAMILY COUN-
SELING, HOUSING ASSISTANCE, FINANCIAL PLANNING, INVESTMENT AND DEBT
MANAGEMENT SPECIALISTS, JOB PREPARATION AND COUNSELING, AND EMPLOYMENT
PLACEMENT.
S 2. Subdivision 6 of section 8-b of the court of claims act, as added
by chapter 1009 of the laws of 1984, is amended to read as follows:
6. If the court finds that the claimant is entitled to a judgment, it
shall award damages in such sum of money as the court determines will
A. 3199 3
fairly and reasonably compensate him OR HER, AND REFER HIM OR HER TO THE
RE-ENTRY FOR THE WRONGFULLY CONVICTED PROGRAM, AS PROVIDED IN SECTION
EIGHT HUNDRED THIRTY-SEVEN-T OF THE EXECUTIVE LAW.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.