S T A T E O F N E W Y O R K
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4648
2011-2012 Regular Sessions
I N A S S E M B L Y
February 4, 2011
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Introduced by M. of A. CAMARA, CLARK, WRIGHT, ROBINSON -- Multi-Spon-
sored 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
IN THIS SECTION AS THE "OFFICE".
2. THE OFFICE SHALL BE ESTABLISHED BY THE COMMISSIONER, IN CONSULTA-
TION WITH THE COMMISSIONER OF MENTAL HEALTH, THE COMMISSIONER OF LABOR
AND THE SECRETARY OF STATE, AND SHALL BE RESPONSIBLE FOR THE IMPLEMENTA-
TION 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 PARTICIPANTS;
(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;
(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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04166-01-1
A. 4648 2
(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 AS UNJUSTLY CONVICTED AND
IMPRISONED, AND WHO ELECT TO PARTICIPATE IN SUCH PROGRAM, HEREINAFTER
REFERRED TO IN THIS SECTION AS THE "PROGRAM". 1. EACH APPLICANT MUST
PRESENT TO THE OFFICE OF RE-ENTRY COORDINATION FOR THE WRONGFULLY
CONVICTED A VERIFIED COPY OF A JUDGMENT 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 IN THE HEALTH INSURANCE
PROGRAM 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; AND
(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
fairly and reasonably compensate him OR HER, AND REFER HIM OR HER TO THE
A. 4648 3
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.