S T A T E   O F   N E W   Y O R K
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                                  3199

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

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.