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

                                  1269

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by Sens. MONTGOMERY, DUANE, HASSELL-THOMPSON, KRUEGER, PARK-
  ER, SAMPSON, SAVINO, THOMPSON -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

AN  ACT  to create a temporary state commission to study and investigate
  issues affecting reentry of inmates released from correctional facili-
  ties; making an appropriation therefor; and providing for  the  repeal
  of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. A temporary state commission, to be known as the  New  York
state criminal justice commission on reentry (hereinafter "commission"),
is  hereby  created  to study issues, including relevant statutes, regu-
lations and existing programs involving reentry  and  re-integration  of
inmates  released  from  state  and  local  correctional facilities. The
commission shall investigate all factors that impede successful re-inte-
gration into society and obviate the concept of a second  chance.    The
commission  shall  analyze the impact of existing policies on successful
reentry, identify specific obstacles to re-integration and compare poli-
cies of this state to those of other states and the federal  government.
The  commission  shall  collect data from state and federal agencies and
may analyze any current research deemed relevant and appropriate.
  S 2. a. The commission shall consist of eighteen members  as  follows:
three  members  shall be appointed by the speaker of the assembly; three
members shall be appointed by the temporary president of the senate; two
members shall be appointed by the minority leader of the senate; and two
members shall be appointed by  the  minority  leader  of  the  assembly.
Members  so appointed shall be representative of community based provid-
ers of employment, education, housing and other services needed by indi-
viduals returning to society from prison,  criminal  justice  advocates,
and academic professionals in the field of criminal justice. The remain-
ing  members shall be the heads of the following departments or agencies

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01492-01-9
              

S. 1269                             2

or their respective designees: the department of correctional  services,
the department of criminal justice services, the division of housing and
community renewal, the department of labor, the department of education,
the  office  of alcoholism and substance abuse services, the division of
probation and correctional alternatives and the division of  parole.  No
person  shall  be  a  member  of  such commission while such person is a
member of the senate or assembly. Any vacancy on such  commission  shall
be  filled  in the same manner as the original appointment was made. The
chairperson of the commission shall be the head or designee of the divi-
sion of criminal justice services. The vice-chairperson of  the  commis-
sion  shall  be a representative of one of the community-based organiza-
tions and appointed by the chairperson.
  b. Except as provided in subdivision a of  this  section,  no  member,
officer or employee of the commission shall be disqualified from holding
any  other  public office or employment, nor shall he or she forfeit any
such office or employment by reason of his or her appointment hereunder,
notwithstanding the provisions of any general,  special  or  local  law,
ordinance or city charter.
  S  3.  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.
  S 4. The commission may employ and at pleasure remove  such  personnel
as  it  may  deem necessary for the performance of its functions and fix
their compensation within the amounts made  available  by  appropriation
therefor.
  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 through its own personnel  or  in  cooper-
ation with or by agreement with any other public or private agency. Such
commission shall meet and hold public hearings or private meetings with-
in  or without the state, and shall have all the powers of a legislative
committee pursuant to the legislative law.
  S 6. The commission may request and shall receive from  any  court  in
the  state  and from any subdivision, department, board, bureau, commis-
sion, office, agency or other instrumentality of the  state  or  of  any
political subdivision thereof such facilities, assistance and data as it
deems  necessary or desirable for the proper execution of its powers and
duties and to effectuate the purposes set forth in this act.
  S 7. 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 and the legislature no later than the thir-
ty-first  of December in the year next succeeding the year in which this
act shall have become a law.
  S 8. The sum of two hundred fifty thousand dollars  ($250,000)  or  so
much  thereof  as  may be deemed necessary is hereby appropriated out of
any moneys in the state treasury in the general fund to  the  credit  of
the state purposes account for services and expenses of the state crimi-
nal  justice commission on reentry, not otherwise appropriated, and made
immediately available 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 chair of the tempo-
rary commission established by this act.
  S 9. This act shall take effect immediately and shall continue in full
force  and effect until the thirty-first of December next succeeding the
year in which it shall have  become  a  law  when  upon  such  date  the
provisions of this act shall expire and be deemed repealed.