BILL NUMBER:S977                REVISED 01/10/2011

TITLE OF BILL:

An act
to amend the correction law, in relation to increasing
access to substance
abuse programming for prisoners whose first language is not English

PURPOSE OR GENERAL IDEA OF BILL:

This bill would require the commissioner of corrections, in
consultation with the commissioner on Alcohol and substance Abuse
Services, to take steps to ensure that prisoners whose first language
is not English are able to access prison substance abuse programs.
The bill addresses the difficulty currently experienced by
significant numbers of inmates in understanding, participating and
completing prison substance abuse programs.

SUMMARY OF SPECIFIC PROVISIONS:

The bill amends Article 22 of the correction Law by adding subsection
624 requiring the commissioner of corrections, in consultation with
the commissioner on Alcohol and Substance Abuse services, to take
steps to ensure that prisoners whose first language is not English
are able to access prison substance abuse programs. Such steps may
              

include, but need not be limited to, increased employment of
bilingual substance abuse counselors and program staff, translation
of program content and materials, targeted programs for non-English
speaking prisoners, and other strategies determined by the
commissioner in consultation with the commissioner of alcohol and
substance abuse services.

JUSTIFICATION:

Ten percent of the state prison population, more than 6,000 inmates,
were born outside of the united states. Only twenty-eight (28)
percent of those prisoners come from countries where the dominant
language is English, fifty-four (54) percent come from countries
where the dominant language is Spanish, and eighteen (19) percent are
from countries that speak primarily Asian, European or other
languages. Twenty-five (25) percent of the state prison population,
more than 16,000 inmates, are of Hispanic origin. Hispanic inmates
are housed throughout the system, but the highest concentrations of
Hispanic inmates are housed in the Sullivan hub (33 percent) and New
York city hub (31 percent.)

The department of correctional services has recognized that it is
necessary to expand its capacity to address the needs of prisoners
who may have difficulty speaking and understanding program content
presented only in English. Substance abuse programs are of critical

importance to the prisoner and to the community, as research
consistently shows that prison treatment programs reduce recidivism
and lower health care and social service costs upon re-entry to
society. Studies also show that prison treatment programs have a
significantly positive impact on inmate behavior, making our prisons
safer and more secure.

The Department of Correctional Services operates a variety of
substance abuse programs at an approximate cost of20 million dollars
annually. Yet non-English speaking prisoners have difficulty
understanding, participating and completing these programs. Program
content and materials are presented in English; few substance abuse
counselors or program staff are bilingual. This bill would require
the Commissioner to take steps to address this problem, without
imposing specific methods or timeliness, thus preserving the
flexibility of the department to proceed incrementally and to develop
strategies that reflect both security and budgetary limitations. The
bill calls for the Commissioner of Corrections to consult with the
Commissioner on Alcohol and Substance Abuse Services in order to
ensure that strategies developed are evidence-based, effective and
professionally implemented.

PRIOR LEGISLATIVE HISTORY:
2009-2010 - S.4367/A.7158(Ortiz) - reported and committed to finance

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.