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

                                  3766

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04416-01-9
              

A. 3766                             2

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
ELEVEN.
  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.