senate Bill S744A

2011-2012 Legislative Session

Authorizes the employment of state and local work release inmates by not-for-profit organizations and public service projects

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 14, 2012 referred to correction
delivered to assembly
passed senate
Mar 13, 2012 advanced to third reading
Mar 12, 2012 2nd report cal.
Mar 07, 2012 1st report cal.319
Jan 04, 2012 referred to crime victims, crime and correction
returned to senate
died in assembly
Jun 15, 2011 referred to correction
delivered to assembly
passed senate
Jun 06, 2011 amended on third reading 744a
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.527
Jan 05, 2011 referred to crime victims, crime and correction

Votes

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Mar 7, 2012 - Crime Victims, Crime and Correction committee Vote

S744A
13
1
committee
13
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 7, 2012

May 3, 2011 - Crime Victims, Crime and Correction committee Vote

S744
12
0
committee
12
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S744 - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§851, 855, 870 & 871, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S3409

S744 - Bill Texts

view summary

Authorizes the employment of state and local work release inmates by not-for-profit organizations and public service projects; provides that inmates and prisoners may refuse to participate in employment by a not-for-profit organization when such employment is contrary to his or her religious or ideological beliefs.

view sponsor memo
BILL NUMBER:S744

TITLE OF BILL:

An act
to amend the correction law, in relation to authorizing employment by
not-for-profit organizations and public service projects under the work
release program

PURPOSE:

The purpose of this bill is to authorize the employment of state and
local work release inmates by not-for-profit organizations and public
service projects.

SUMMARY OF PROVISIONS:

Section 851 and 870 of the Correction Law is amended by
including in the definition of a "work release program" employment by
a not-for-profit organization or a public service project.

JUSTIFICATION:

The inmate work release program is utilized in prisons across the
State of New York. This program is for prisoners who are nearing the
completion of their sentence and meet specific eligibility
requirements. This program serves as an effective mechanism for
prisoners to provide labor to the community while giving the
opportunity for supervised and gradual reintegration to society.

This legislation seeks to expand upon the current program by allowing
inmates to provide labor to public service projects and
not-for-profit organizations, which are vital to the community.
Cemeteries, baseball fields, libraries, and parks are just a few
examples of under-funded community facilities which require
continuous maintenance and grounds keeping. This legislation would
increase community enhancement for the taxpayers to benefit from.

LEGISLATIVE HISTORY:

2009-2010: S.3409 Referred to Crime Victims, Crime & Correction
2007-2008: S.385/A.3294 Passed Senate
2006: S.7018 - Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, with provisions.

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

                                   744

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. YOUNG, RANZENHOFER, SALAND, SEWARD -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Crime Victims, Crime and Correction

AN ACT to amend the correction law, in relation to  authorizing  employ-
  ment by not-for-profit organizations and public service projects under
  the work release program

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

  Section 1. Subdivision 3 of section 851  of  the  correction  law,  as
amended  by  chapter  60  of  the  laws  of  1994, is amended to read as
follows:
  3. "Work release program" means a program under which eligible inmates
may be granted the privilege of leaving the premises of  an  institution
for  a period not exceeding fourteen hours in any day for the purpose of
on-the-job  training  or   employment,   INCLUDING   EMPLOYMENT   BY   A
NOT-FOR-PROFIT  ORGANIZATION  OR  A  PUBLIC  SERVICE PROJECT, or for any
matter necessary to the furtherance of  any  such  purposes.  No  person
shall  be  released  into a work release program unless prior to release
such person has a reasonable assurance of  a  job  training  program  or
employment. If after release, such person ceases to be employed or ceas-
es  to  participate  in  the training program, the inmate's privilege to
participate in such work release program may be  revoked  in  accordance
with rules and regulations promulgated by the commissioner.
  S  2.  Subdivision 3 of section 851 of the correction law, as added by
chapter 472 of the laws of 1969, is amended to read as follows:
  3. "Work release program" means a program under which eligible inmates
may be granted the privilege of leaving the premises of  an  institution
for the purpose of education, on-the-job training or employment, INCLUD-
ING  EMPLOYMENT  BY  A  NOT-FOR-PROFIT  ORGANIZATION OR A PUBLIC SERVICE
PROJECT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02706-01-1

S. 744                              2

  S 3. Section 870 of the correction law, as amended by  chapter  71  of
the laws of 1976, is amended to read as follows:
  S  870.  Establishment of program.   The sheriff, upon approval of the
legislative body of the county, may establish  a  work  release  program
pursuant  to  which  prisoners,  sentenced to and confined in any county
jail under his jurisdiction, may be granted  the  privilege  of  leaving
confinement  for the purpose of working at gainful employment (INCLUDING
EMPLOYMENT  BY  A  NOT-FOR-PROFIT  ORGANIZATION  OR  A  PUBLIC   SERVICE
PROJECT),  participating in a privately or publicly sponsored program of
vocational training, with  or  without  compensation,  or  attending  an
educational  institution.  The work release program may also include the
release from confinement during necessary and reasonable hours  for  the
purpose of caring for the prisoner's family.
  S  4. This act shall take effect immediately, provided that the amend-
ments to subdivision 3 of section 851 of the  correction  law,  made  by
section  one  of this act, shall not affect the expiration and reversion
of such section pursuant to chapter 339 of the laws of 1972, as amended,
and shall expire therewith, when upon such date section two of this  act
shall take effect.

Co-Sponsors

view additional co-sponsors

S744A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§851, 855, 870 & 871, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S3409

S744A (ACTIVE) - Bill Texts

view summary

Authorizes the employment of state and local work release inmates by not-for-profit organizations and public service projects; provides that inmates and prisoners may refuse to participate in employment by a not-for-profit organization when such employment is contrary to his or her religious or ideological beliefs.

view sponsor memo
BILL NUMBER:S744A

TITLE OF BILL:
An act
to amend the correction law, in relation to authorizing employment by
not-for-profit organizations and public service projects under the work
release program

PURPOSE:
The purpose of this bill is to authorize the employment of state and
local work release inmates by not-for-profit organizations and public
service projects.

SUMMARY OF PROVISIONS:
Sections 851 and 870 of the Correction Law are amended by including
in the definition of a "work release program" employment by a
not-for-profit organization or a public service project. It is also
provided that inmates may refuse to accept a particular assignment at
a not-for-profit if there is a conflict with the inmate's religious
or ideological beliefs with the organization.

JUSTIFICATION:
The inmate work release program is utilized in prisons across the
State of New York. This program is for prisoners who are nearing the
completion of their sentence and meet specific eligibility
requirements.
This program serves as an effective mechanism for prisoners to provide
labor to the community while giving the opportunity for supervised
and gradual re-integration to society.

This legislation seeks to expand upon the current program by allowing
inmates to provide labor to public service projects and
not-for-profit organizations, which are vital to the community.
Cemeteries, baseball fields, libraries, and parks are just a few
examples of under-funded community facilities which require
continuous maintenance and groundskeeping. This legislation would
increase community enhancement to these facilities for the taxpayers
to benefit from.

LEGISLATIVE HISTORY:
2009-2010: S.3409 Referred to Crime Victims, Crime and Correction
2007-2008: S.385/A.3294 Passed Senate
2006: S.7018 Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 744--A
    Cal. No. 527

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. YOUNG, LARKIN, MAZIARZ, O'MARA, RANZENHOFER, SALAND,
  SEWARD  --  read  twice  and  ordered  printed, and when printed to be
  committed to the Committee on Crime Victims, Crime and  Correction  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to amend the correction law, in relation to authorizing employ-
  ment by not-for-profit organizations and public service projects under
  the work release program

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

  Section  1.  Subdivision  3  of  section 851 of the correction law, as
amended by chapter 60 of the  laws  of  1994,  is  amended  to  read  as
follows:
  3. "Work release program" means a program under which eligible inmates
may  be  granted the privilege of leaving the premises of an institution
for a period not exceeding fourteen hours in any day for the purpose  of
on-the-job   training   or   employment,   INCLUDING   EMPLOYMENT  BY  A
NOT-FOR-PROFIT ORGANIZATION OR A PUBLIC  SERVICE  PROJECT,  or  for  any
matter  necessary  to  the  furtherance  of any such purposes. No person
shall be released into a work release program unless  prior  to  release
such  person  has  a  reasonable  assurance of a job training program or
employment. If after release, such person ceases to be employed or ceas-
es to participate in the training program,  the  inmate's  privilege  to
participate  in  such  work release program may be revoked in accordance
with rules and regulations promulgated by the commissioner.
  S 2. Subdivision 3 of section 851 of the correction law, as  added  by
chapter 472 of the laws of 1969, is amended to read as follows:
  3. "Work release program" means a program under which eligible inmates
may  be  granted the privilege of leaving the premises of an institution

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02706-02-1

S. 744--A                           2

for the purpose of education, on-the-job training or employment, INCLUD-
ING EMPLOYMENT BY A NOT-FOR-PROFIT  ORGANIZATION  OR  A  PUBLIC  SERVICE
PROJECT.
  S  3.  The  opening  paragraph  of subdivision 9 of section 855 of the
correction law is designated paragraph (a) and a new  paragraph  (b)  is
added to read as follows:
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, AN INMATE MAY REFUSE TO ACCEPT  A  PROGRAM  OF  TEMPORARY  RELEASE
WHICH   IS  A  WORK  RELEASE  PROGRAM  THAT  INCLUDES  EMPLOYMENT  BY  A
NOT-FOR-PROFIT ORGANIZATION WHEN  EMPLOYMENT  BY  SUCH  ORGANIZATION  IS
CONTRARY  TO  THE  INMATE'S  RELIGIOUS  OR  IDEOLOGICAL BELIEFS. NO SUCH
REFUSAL SHALL BE CONSIDERED IN ANY DETERMINATION OF SUCH INMATE'S  RIGHT
TO  PARTICIPATE  OR  TO  CONTINUE  TO PARTICIPATE IN A TEMPORARY RELEASE
PROGRAM.
  S 4. The opening paragraph of subdivision 6  of  section  855  of  the
correction  law  is  designated paragraph (a) and a new paragraph (b) is
added to read as follows:
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  AN  INMATE  MAY  REFUSE  TO  ACCEPT  A WORK RELEASE PROGRAM WHICH
INCLUDES EMPLOYMENT BY A NOT-FOR-PROFIT ORGANIZATION  WHEN  UNEMPLOYMENT
BY  SUCH  ORGANIZATION IS CONTRARY TO THE INMATE'S RELIGIOUS OR IDEOLOG-
ICAL BELIEFS. NO SUCH REFUSAL SHALL BE CONSIDERED IN  ANY  DETERMINATION
OF SUCH INMATE'S RIGHT TO PARTICIPATE OR TO CONTINUE TO PARTICIPATE IN A
WORK RELEASE PROGRAM.
  S  5.  Section  870 of the correction law, as amended by chapter 71 of
the laws of 1976, is amended to read as follows:
  S 870. Establishment of program.  The sheriff, upon  approval  of  the
legislative  body  of  the  county, may establish a work release program
pursuant to which prisoners, sentenced to and  confined  in  any  county
jail  under  his  jurisdiction,  may be granted the privilege of leaving
confinement for the purpose of working at gainful employment  (INCLUDING
EMPLOYMENT   BY  A  NOT-FOR-PROFIT  ORGANIZATION  OR  A  PUBLIC  SERVICE
PROJECT), participating in a privately or publicly sponsored program  of
vocational  training,  with  or  without  compensation,  or attending an
educational institution. The work release program may also  include  the
release  from  confinement during necessary and reasonable hours for the
purpose of caring for the prisoner's family.
  S 6. Section 871 of the correction law is  amended  by  adding  a  new
subdivision (e) to read as follows:
  (E)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SECTION, A PRISONER
MAY REFUSE TO ACCEPT A WORK RELEASE PROGRAM WHICH INCLUDES EMPLOYMENT BY
A NOT-FOR-PROFIT ORGANIZATION WHEN EMPLOYMENT BY  SUCH  ORGANIZATION  IS
CONTRARY  TO  THE  PRISONER'S  RELIGIOUS OR IDEOLOGICAL BELIEFS. NO SUCH
REFUSAL SHALL BE CONSIDERED IN  ANY  DETERMINATION  OF  SUCH  PRISONER'S
RIGHT  TO  PARTICIPATE  OR  TO CONTINUE TO PARTICIPATE IN A WORK RELEASE
PROGRAM.
  S 7. This act shall take effect immediately; provided that the  amend-
ments  to  subdivision  3  of section 851 of the correction law, made by
section one of this act, shall not affect the expiration  and  reversion
of such section pursuant to chapter 339 of the laws of 1972, as amended,
and  shall expire therewith, when upon such date section two of this act
shall take effect; and provided, further, that the amendments to section
855 of the correction law, made by section three of this act, shall  not
affect  the expiration and reversion of such section pursuant to chapter
339 of the laws of 1972, as amended, and shall  expire  therewith,  when
upon such date section four of this act shall take effect.

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