S T A T E O F N E W Y O R K
________________________________________________________________________
4522
2015-2016 Regular Sessions
I N A S S E M B L Y
February 3, 2015
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Introduced by M. of A. CLARK, SCARBOROUGH, MOSLEY, COOK -- Multi-Spon-
sored by -- M. of A. BUTLER, CAMARA, CORWIN, CROUCH, GOTTFRIED,
HIKIND, PERRY -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to commencing a study on
the relationship between the corrections system and the child welfare
system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 30 to
read as follows:
S 30. INMATE STUDY. 1. THE COMMISSIONER SHALL CONDUCT A COMPREHENSIVE
STUDY ON INMATES' PRIOR INVOLVEMENT WITH CHILD WELFARE AND JUVENILE
SYSTEMS, INCLUDING BUT NOT LIMITED TO:
(A) PREVIOUS PLACEMENT IN OUT-OF-HOME CARE, SPECIFYING TYPE OF PLACE-
MENT: FOSTER CARE, KINSHIP FOSTER CARE, SECURE DETENTION FACILITIES,
NON-SECURE DETENTION FACILITIES, GROUP HOMES OR OTHER AUTHORIZED AGEN-
CIES OR FACILITIES OPERATED OR LICENSED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES;
(B) THE APPROXIMATE LENGTH OF SUCH PERIOD OF PLACEMENT;
(C) THE AGE OF THE INMATE DURING SUCH PERIOD OF PLACEMENT;
(D) THE ETHNIC BACKGROUND OF THE INMATE; AND
(E) THE INMATE'S GENDER.
2. AS PART OF THE STUDY THE COMMISSIONER SHALL CONDUCT SURVEYS ON
CURRENT INMATES IN STATE, COUNTY, AND MUNICIPAL CORRECTIONAL FACILITIES.
THE SURVEY SHALL BE BASED ON A RANDOM SAMPLE OR OTHER SCIENTIFICALLY
APPROPRIATE SAMPLE OF NOT LESS THAN TEN PERCENT OF ALL STATE, COUNTY,
AND MUNICIPAL CORRECTIONAL FACILITIES.
3. THE COMMISSIONER SHALL ENSURE THE CONFIDENTIALITY OF EACH SURVEY
PARTICIPANT BY USING SELF-ADMINISTERED QUESTIONNAIRES AND OTHER SIMILAR
SURVEY METHODS, WHICH WILL ENSURE THE RESPONDENT'S ANONYMITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08603-01-5
A. 4522 2
4. AN INMATE SHALL BE DEEMED TO HAVE GIVEN HIS OR HER INFORMED CONSENT
ONLY IF HE OR SHE IS INFORMED IN WRITING OF THE POTENTIAL RISKS AND
BENEFITS OF THE STUDY.
5. THE COMMISSIONER SHALL MAKE A WRITTEN REPORT ON THE RELATIONSHIP
BETWEEN THE CORRECTIONS SYSTEM AND THE CHILD WELFARE SYSTEM TO THE
GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY
OF ITS FINDINGS, CONCLUSIONS AND RECOMMENDATIONS ON OR BEFORE JUNE THIR-
TIETH OF THE YEAR NEXT SUCCEEDING THE YEAR IN WHICH THIS SUBDIVISION
SHALL TAKE EFFECT.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.