BILL NUMBER:S3348

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  (26)  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 of 20 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  -  S4367/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.