Assembly Bill A9972

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

                                  9972

                          I N  A S S E M B L Y

                               May 2, 2016
                               ___________

Introduced  by  M.  of  A.  RICHARDSON  -- 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.
  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

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

                                                           LBD08603-01-5

A. 9972                             2

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.