senate Bill S1327A

2013-2014 Legislative Session

Provides inmates the opportunity to obtain a general equivalency diploma

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Archive: Last Bill Status - In Committee


  • 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
Jan 27, 2014 print number 1327a
amend and recommit to crime victims, crime and correction
Jan 08, 2014 referred to crime victims, crime and correction
Jan 09, 2013 referred to crime victims, crime and correction

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1327 - Bill Details

See Assembly Version of this Bill:
A4106A
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §136, Cor L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S107A, A5355A
2009-2010: S4793, A3766

S1327 - Bill Texts

view summary

Provides inmates the opportunity to obtain a general equivalency diploma; instructs the department of corrections to ensure that academic education programs provide the appropriate curriculum and certified academic staff for GED instruction.

view sponsor memo
BILL NUMBER:S1327

TITLE OF BILL: An act to amend the correction law, in relation to
providing inmates with the opportunity to obtain a general equivalency
diploma

PURPOSE: This legislation requires the Department of Correctional
Services to establish academic programs to prepare inmates to complete
the General Equivalency Diploma (GED) and provides inmates with an
opportunity to complete a GED prior to release on parole, conditional
release, post release supervision or presumptive release.

SUMMARY OF PROVISIONS:

Section one of the bill provides all inmates serving a determinate
term of imprisonment or an indeterminate sentence with the opportunity
to complete a GED, and requires the Department of Correctional
Services to ensure that all inmates are afforded a reasonable
opportunity to do so by providing academic instruction at appropriate
Department facilities.

Section two provides for an effective date three years after
enactment.

JUSTIFICATION: Each year, the Department of Correctional Services
releases 26,000 former inmates back to the community. The success of
these individuals stands to benefit our entire community while their
failure will only cause further victimization and feed the revolving
door of incarceration, costing the state many millions of dollars.
Education programs have been shown to reduce recidivism by up to 40%.
Similarly, employment is a major factor in reducing recidivism and
obtaining a GED greatly increases the chances that a former inmate
will be able to find gainful employment. This bill will ensure that
inmates will have an opportunity to obtain a GED thereby helping to
reduce recidivism and better prepare inmates for successful
reintegration into the community.

LEGISLATIVE HISTORY: 2009-2010: S.4793 - Passed Crime Victims, Crime
and Correction Committee
2011-2012: S.107-A - Died in Committee

FISCAL IMPLICATIONS: Estimated cost of implementation is minimal
because this bill codifies existing DOCS directives that inmates have
an opportunity to obtain a GED.

EFFECTIVE DATE: This act shall take effect three years after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.

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

                                  1327

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  MONTGOMERY,  HASSELL-THOMPSON  --  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 providing inmates
  with the opportunity to obtain a general equivalency diploma

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

  Section 1. Section 136 of the correction law, as amended by chapter 98
of the laws of 2007, is amended to read as follows:
  S 136. Correctional education. 1. The objective of correctional educa-
tion  in  its  broadest sense should be the socialization of the inmates
through varied impressional and expressional activities,  with  emphasis
on  individual  inmate needs. The objective of this program shall be the
return of these inmates to society with a more wholesome attitude toward
living, with a desire to conduct themselves as good citizens,  and  with
the  skill  and  knowledge  which  will give them a reasonable chance to
maintain themselves and their dependents through honest labor.  To  this
end  each  inmate  shall  be  given a program of education which, on the
basis of available data, seems most likely to  further  the  process  of
socialization  and  rehabilitation.  Provided that, the commissioner, in
consultation with the commissioner of education, shall develop a curric-
ula for and require provision of an education program to all inmates, on
a periodic basis, on the consequences  and  prevention  of  shaken  baby
syndrome  which may include the viewing of a video presentation thereon.
The time daily devoted to such education shall be such  as  is  required
for  meeting the above objectives. The director of education, subject to
the direction of  the  commissioner  and  after  consultation  with  the
commissioner of education, shall develop the curricula and the education
programs that are required to meet the special needs of each correction-
al facility in the department. The commissioner of education, in [co-op-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03895-01-3

S. 1327                             2

eration]  COOPERATION  with  the commissioner and the director of educa-
tion, shall set up the educational requirements for the certification of
teachers in all such correctional facilities. Such educational  require-
ments  shall be sufficiently broad and comprehensive to include training
in penology, sociology, psychology, philosophy, in the special  subjects
to  be  taught,  and  in any other professional courses as may be deemed
necessary by the responsible officers, and shall include training relat-
ing to the consequences and prevention of shaken baby syndrome which may
include the viewing of a video presentation thereon. No certificates for
teaching service in the state institutions  shall  be  issued  unless  a
minimum  of  four  years  of  training  beyond  the high school has been
secured, or an acceptable  equivalent.  Existing  requirements  for  the
certification  of  teachers  in the institutions shall continue in force
until changed pursuant to the provisions of this section.
  2. ALL INMATES ADMITTED TO THE DEPARTMENT SERVING A  DETERMINATE  TERM
OF IMPRISONMENT, OR AN INDETERMINATE SENTENCE OF IMPRISONMENT OTHER THAN
A  SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE, WHO HAVE BEEN EVALUATED
UPON ADMISSION PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED  THIR-
TY-SEVEN OF THIS ARTICLE AND ARE DETERMINED TO BE CAPABLE OF SUCCESSFUL-
LY COMPLETING THE ACADEMIC COURSE WORK REQUIRED FOR A GENERAL EQUIVALEN-
CY  DIPLOMA,  SHALL  BE  PROVIDED  WITH THE OPPORTUNITY TO COMPLETE SUCH
COURSE WORK AT LEAST TWO MONTHS PRIOR TO THE DATE ON WHICH  SUCH  INMATE
MAY  BE PAROLED, CONDITIONALLY RELEASED, RELEASED TO POST RELEASE SUPER-
VISION PURSUANT TO SECTION 70.40 OF  THE  PENAL  LAW,  OR  PRESUMPTIVELY
RELEASED,  PURSUANT TO SECTION EIGHT HUNDRED THREE OF THIS CHAPTER. UPON
ADMISSION TO THE DEPARTMENT, SUCH INMATES WILL BE PROVIDED WITH  WRITTEN
NOTICE  THAT  GENERAL EQUIVALENCY PROGRAMS ARE AVAILABLE FOR ALL INMATES
WHO SO APPLY.
  3. THE DEPARTMENT SHALL ENSURE THAT ACADEMIC EDUCATION PROGRAMS  WHICH
PROVIDE  THE  APPROPRIATE  CURRICULUM  AND  CERTIFIED ACADEMIC STAFF FOR
GENERAL EQUIVALENCY DIPLOMA INSTRUCTION ARE AVAILABLE AT ALL CORRECTION-
AL FACILITIES HOUSING INMATES WHO ARE ELIGIBLE AS SPECIFIED IN  SUBDIVI-
SION  TWO  OF THIS SECTION.  THE DEPARTMENT SHALL PROVIDE ACADEMIC STAFF
WHO ARE QUALIFIED TO PROVIDE SUCH INSTRUCTION AND WHO ARE MEMBERS OF THE
COMPETITIVE CLASS OF THE CIVIL SERVICE OF NEW YORK STATE. THE DEPARTMENT
SHALL PROVIDE SUFFICIENT  STAFF  AT  EACH  CORRECTIONAL  FACILITY  WHERE
ELIGIBLE  INMATES  ARE  CONFINED  TO  ENSURE A CLASSROOM RATIO OF TWENTY
INMATES FOR EACH GENERAL EQUIVALENCY DIPLOMA INSTRUCTOR.  THE DEPARTMENT
SHALL DEVELOP A PLAN  FOR  IMPLEMENTATION  OF  THE  GENERAL  EQUIVALENCY
DIPLOMA  REQUIREMENT  WHICH  SHALL BE PRESENTED TO THE ASSEMBLY STANDING
COMMITTEE ON CORRECTION AND  THE  SENATE  STANDING  COMMITTEE  ON  CRIME
VICTIMS,  CRIME  AND  CORRECTION  ON OR BEFORE APRIL FIRST, TWO THOUSAND
FOURTEEN.
  S 2. This act shall take effect three years after it shall have become
a law; provided, however,  that  effective  immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed to be made and completed on or before such effective date.

Co-Sponsors

S1327A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4106A
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §136, Cor L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S107A, A5355A
2009-2010: S4793, A3766

S1327A (ACTIVE) - Bill Texts

view summary

Provides inmates the opportunity to obtain a general equivalency diploma; instructs the department of corrections to ensure that academic education programs provide the appropriate curriculum and certified academic staff for GED instruction.

view sponsor memo
BILL NUMBER:S1327A

TITLE OF BILL: An act to amend the correction law, in relation to
providing inmates with the opportunity to obtain a general equivalency
diploma

PURPOSE:

This legislation requires the Department of Correctional Services to
establish academic programs to prepare inmates to complete the General
Equivalency Diploma (GED) and provides inmates with an opportunity to
complete a GED prior to release on parole, conditional release, post
release supervision or presumptive release.

SUMMARY OF PROVISIONS:

Section one of the bill provides all inmates serving a determinate term
of imprisonment or an indeterminate sentence with the opportunity to
complete a GED, and requires the Department of Correctional Services to
ensure that all inmates are afforded a reasonable opportunity to do so
by providing academic instruction at appropriate Department facilities.

Section two provides for an effective date three years after enactment.

JUSTIFICATION:

Each year, the Department of Correctional Services releases 26,000
former inmates back to the community. The success of these individuals
stands to benefit our entire community while their failure will only
cause further victimization and feed the revolving door of incarcera-
tion, costing the state many millions of dollars. Education programs
have been shown to reduce recidivism by up to 40%. Similarly, employ-
ment is a major factor in reducing recidivism and obtaining a GED great-
ly increases the chances that a former inmate will be able to find gain-
ful employment. This bill will ensure that inmates will have an
opportunity to obtain a GED thereby helping to reduce recidivism and
better prepare inmates for successful reintegration into the community.

LEGISLATIVE HISTORY:

2009-2010: S.4793 - Passed Crime Victims, Crime and Correction Committee
2011-2012: S.107-A - Died in Committee

FISCAL IMPLICATIONS:

Estimated cost of implementation is minimal because this bill codifies
existing DOCS directives that inmates have an opportunity to obtain a
GED.

EFFECTIVE DATE:

This act shall take effect three years after it shall have become a law;
provided, however, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.

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

                                 1327--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MONTGOMERY, HASSELL-THOMPSON, HOYLMAN -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Crime Victims, Crime and Correction -- recommitted to the Committee
  on Crime Victims, Crime and Correction in accordance with Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the correction law, in  relation  to  providing  inmates
  with the opportunity to obtain a general equivalency diploma

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

  Section 1. Section 136 of the correction law, as amended by chapter 98
of the laws of 2007, is amended to read as follows:
  S 136. Correctional education. 1. The objective of correctional educa-
tion in its broadest sense should be the socialization  of  the  inmates
through  varied  impressional and expressional activities, with emphasis
on individual inmate needs. The objective of this program shall  be  the
return of these inmates to society with a more wholesome attitude toward
living,  with  a desire to conduct themselves as good citizens, and with
the skill and knowledge which will give  them  a  reasonable  chance  to
maintain  themselves  and their dependents through honest labor. To this
end each inmate shall be given a program  of  education  which,  on  the
basis  of  available  data,  seems most likely to further the process of
socialization and rehabilitation. Provided that,  the  commissioner,  in
consultation with the commissioner of education, shall develop a curric-
ula for and require provision of an education program to all inmates, on
a  periodic  basis,  on  the  consequences and prevention of shaken baby
syndrome which may include the viewing of a video presentation  thereon.
The  time  daily  devoted to such education shall be such as is required
for meeting the above objectives. The director of education, subject  to
the  direction  of  the  commissioner  and  after  consultation with the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03895-02-4

S. 1327--A                          2

commissioner of education, shall develop the curricula and the education
programs that are required to meet the special needs of each correction-
al facility in the department. The commissioner of education, in [co-op-
eration]  COOPERATION  with  the commissioner and the director of educa-
tion, shall set up the educational requirements for the certification of
teachers in all such correctional facilities. Such educational  require-
ments  shall be sufficiently broad and comprehensive to include training
in penology, sociology, psychology, philosophy, in the special  subjects
to  be  taught,  and  in any other professional courses as may be deemed
necessary by the responsible officers, and shall include training relat-
ing to the consequences and prevention of shaken baby syndrome which may
include the viewing of a video presentation thereon. No certificates for
teaching service in the state institutions  shall  be  issued  unless  a
minimum  of  four  years  of  training  beyond  the high school has been
secured, or an acceptable  equivalent.  Existing  requirements  for  the
certification  of  teachers  in the institutions shall continue in force
until changed pursuant to the provisions of this section.
  2. ALL INMATES ADMITTED TO THE DEPARTMENT SERVING A  DETERMINATE  TERM
OF IMPRISONMENT, OR AN INDETERMINATE SENTENCE OF IMPRISONMENT OTHER THAN
A  SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE, WHO HAVE BEEN EVALUATED
UPON ADMISSION PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED  THIR-
TY-SEVEN OF THIS ARTICLE AND ARE DETERMINED TO BE CAPABLE OF SUCCESSFUL-
LY COMPLETING THE ACADEMIC COURSE WORK REQUIRED FOR A GENERAL EQUIVALEN-
CY  DIPLOMA,  SHALL  BE  PROVIDED  WITH THE OPPORTUNITY TO COMPLETE SUCH
COURSE WORK AT LEAST TWO MONTHS PRIOR TO THE DATE ON WHICH  SUCH  INMATE
MAY  BE PAROLED, CONDITIONALLY RELEASED, RELEASED TO POST RELEASE SUPER-
VISION PURSUANT TO SECTION 70.40 OF  THE  PENAL  LAW,  OR  PRESUMPTIVELY
RELEASED,  PURSUANT TO SECTION EIGHT HUNDRED THREE OF THIS CHAPTER. UPON
ADMISSION TO THE DEPARTMENT, SUCH INMATES WILL BE PROVIDED WITH  WRITTEN
NOTICE  THAT  GENERAL EQUIVALENCY PROGRAMS ARE AVAILABLE FOR ALL INMATES
WHO SO APPLY.
  3. THE DEPARTMENT SHALL ENSURE THAT ACADEMIC EDUCATION PROGRAMS  WHICH
PROVIDE  THE  APPROPRIATE  CURRICULUM  AND  CERTIFIED ACADEMIC STAFF FOR
GENERAL EQUIVALENCY DIPLOMA INSTRUCTION ARE AVAILABLE AT ALL CORRECTION-
AL FACILITIES HOUSING INMATES WHO ARE ELIGIBLE AS SPECIFIED IN  SUBDIVI-
SION  TWO  OF THIS SECTION.  THE DEPARTMENT SHALL PROVIDE ACADEMIC STAFF
WHO ARE QUALIFIED TO PROVIDE SUCH INSTRUCTION AND WHO ARE MEMBERS OF THE
COMPETITIVE CLASS OF THE CIVIL SERVICE OF NEW YORK STATE. THE DEPARTMENT
SHALL PROVIDE SUFFICIENT  STAFF  AT  EACH  CORRECTIONAL  FACILITY  WHERE
ELIGIBLE  INMATES  ARE  CONFINED  TO  ENSURE A CLASSROOM RATIO OF TWENTY
INMATES FOR EACH GENERAL EQUIVALENCY DIPLOMA INSTRUCTOR.  THE DEPARTMENT
SHALL DEVELOP A PLAN  FOR  IMPLEMENTATION  OF  THE  GENERAL  EQUIVALENCY
DIPLOMA  REQUIREMENT  WHICH  SHALL BE PRESENTED TO THE ASSEMBLY STANDING
COMMITTEE ON CORRECTION AND  THE  SENATE  STANDING  COMMITTEE  ON  CRIME
VICTIMS,  CRIME  AND  CORRECTION  ON OR BEFORE APRIL FIRST, TWO THOUSAND
SIXTEEN.
  S 2. This act shall take effect three years after it shall have become
a law; provided, however,  that  effective  immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed to be made and completed on or before such effective date.

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