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

                                  5112

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of A. CAMARA, CLARK, WEPRIN, ROBINSON -- Multi-Spon-
  sored by -- M. of A.  COLTON, GOTTFRIED, HOOPER, MAISEL,  SCARBOROUGH,
  SCHIMEL,  SWEENEY, WEISENBERG -- read once and referred to the Commit-
  tee 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.
                                                           LBD07439-01-3
              

A. 5112                             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. 5112                             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.