senate Bill S2204A

2013-2014 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

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 referred to correction
delivered to assembly
passed senate
Mar 31, 2014 advanced to third reading
Mar 27, 2014 2nd report cal.
Mar 26, 2014 1st report cal.367
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
Mar 05, 2013 referred to correction
delivered to assembly
passed senate
Feb 28, 2013 advanced to third reading
Feb 27, 2013 2nd report cal.
amended 2204a
Feb 12, 2013 1st report cal.87
Jan 14, 2013 referred to crime victims, crime and correction

Votes

view votes

Mar 26, 2014 - Crime Victims, Crime and Correction committee Vote

S2204A
12
1
committee
12
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 26, 2014

Feb 12, 2013 - Crime Victims, Crime and Correction committee Vote

S2204
12
1
committee
12
Aye
1
Nay
0
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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S2204 - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§851, 855, 853, 870 & 871, Cor L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S744A
2009-2010: S3409

S2204 - 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:S2204

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
grounds-keeping. This legislation would increase community enhancement
to these facilities for the taxpayers to benefit from.

LEGISLATIVE HISTORY: 2011, 2012: S.744-A Passed Senate 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.

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

                                  2204

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced by Sens. YOUNG, GRISANTI, LARKIN, MAZIARZ, O'MARA, RANZENHOF-
  ER,  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.
                                                           LBD06428-01-3

S. 2204                             2

  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.

Co-Sponsors

view additional co-sponsors

S2204A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§851, 855, 853, 870 & 871, Cor L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S744A
2009-2010: S3409

S2204A (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:S2204A

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
grounds-keeping. This legislation would increase community enhancement
to these facilities for the taxpayers to benefit from.

LEGISLATIVE HISTORY:

2011,2012: S.744-A Passed Senate
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.

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

                                 2204--A
    Cal. No. 87

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced by Sens. YOUNG, GRISANTI, LARKIN, MAZIARZ, O'MARA, RANZENHOF-
  ER,  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 report,
  amended on first report,  ordered  to  a  second  report,  and  to  be
  reprinted  as  amended,  retaining  its  place  in the order of second
  report

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.
                                                           LBD06428-02-3

S. 2204--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  853  of  the
correction  law,  as added by chapter 472 of the laws of 1969, is desig-
nated 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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