Assembly Bill A10185

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10185
 
                           I N  A S S E M B L Y
 
                              March 22, 2018
                                ___________
 
 Introduced  by  M.  of  A.  PELLEGRINO  -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the state finance law, in relation to  establishing  the
   first chance trust fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 97-cc to read as follows:
   § 97-CC. FIRST CHANCE TRUST FUND. 1. DEFINITIONS.  FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   B. "DEPARTMENT" MEANS THE DEPARTMENT OF CORRECTIONS.
   2.  THE  FIRST  CHANCE  TRUST FUND. THERE IS HEREBY ESTABLISHED IN THE
 JOINT CUSTODY OF THE STATE COMPTROLLER, THE COMMISSIONER OF THE  DEPART-
 MENT OF TAXATION AND FINANCE, THE COMMISSIONER OF CORRECTIONS AND COMMU-
 NITY  SUPERVISION  AND  THE  COMMISSIONER  OF  THE  DIVISION OF CRIMINAL
 JUSTICE SERVICES A FUND TO BE KNOWN AS THE "FIRST CHANCE TRUST FUND".
   3. THE FIRST CHANCE TRUST  FUND  SHALL  CONSIST  OF  MONIES  FROM  THE
 FOLLOWING SOURCES:
   A.  GRANTS,  GIFTS,  DONATIONS AND OTHER PAYMENTS FROM ANY INDIVIDUAL,
 PERSON, BUSINESS ENTITY, NONPROFIT ENTITY, OR GOVERNMENT ENTITY FOR  THE
 PURPOSES OF THIS FUND;
   B. A ONE PERCENT SURCHARGE ON ALL CONTRACTS WITH THE DEPARTMENT OR THE
 DIVISION  WITH  AN  ANNUAL  AMOUNT  OF  OVER  FIVE MILLION DOLLARS. THIS
 SURCHARGE SHALL ONLY  APPLY  TO  CONTRACTS  ISSUED,  RENEWED,  MODIFIED,
 ALTERED  OR  AMENDED ON OR AFTER THE ONE HUNDRED EIGHTIETH DAY AFTER THE
 EFFECTIVE DATE OF THIS SECTION. WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE
 EFFECTIVE  DATE  OF  THIS  SECTION,  THE COMMISSIONER OF CORRECTIONS AND
 COMMUNITY SUPERVISION AND THE COMMISSIONER OF THE DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  SHALL ESTABLISH THE REQUIRED RULES AND REGULATIONS TO
 IMPLEMENT THE ONE PERCENT SURCHARGE ESTABLISHED IN THIS PARAGRAPH.  SUCH
 SURCHARGE  MAY  BE  WAIVED  ON  ANY  CONTRACT  BY  THE  COMMISSIONER  OF
 CORRECTIONS AND COMMUNITY SUPERVISION OR THE COMMISSIONER OF  THE  DIVI-
 SION OF CRIMINAL JUSTICE SERVICES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14235-01-8

 A. 10185                            2
 
   C. MONIES APPROPRIATED TO THE FUND.
   4.  USE  OF  THE  FUND. MONIES OF THE FIRST CHANCE TRUST FUND SHALL BE
 MADE AVAILABLE FOR:
   A. ESTABLISHING AND OPERATING A SCHOLARSHIP  PROGRAM  FOR  INDIVIDUALS
 RESIDING  IN  THOSE REGIONS OF THE STATE WHICH HAVE STATISTICALLY HIGHER
 HIGH SCHOOL DROPOUT RATES OR INCARCERATION RATES AS  DETERMINED  BY  THE
 DIVISION.  THE  SCHOLARSHIP  PROGRAM  SHALL ASSIST STUDENTS IN OBTAINING
 HIGHER EDUCATION OR VOCATIONAL TRAINING WHO MEET ALL  OF  THE  FOLLOWING
 CRITERIA:
   I.  RESIDE WITHIN THE STATE AND ATTEND AN ACCREDITED, NONPROFIT EDUCA-
 TIONAL OR VOCATIONAL TRAINING INSTITUTION LOCATED WITHIN THE STATE WHICH
 IS A PUBLIC COMMUNITY COLLEGE, A STATE-OWNED UNIVERSITY OR STATE-RELATED
 UNIVERSITY OR MATERIALLY AFFILIATED WITH A PUBLIC COMMUNITY  COLLEGE,  A
 STATE-OWNED UNIVERSITY OR STATE-RELATED UNIVERSITY;
   II.  ARE  NOT  THE  SPOUSES, SIBLINGS, OR PARENTS OF CURRENT OR FORMER
 ELECTED OFFICIALS OR EMPLOYEES OF THE DEPARTMENT OR DIVISION; AND
   III. MEET OTHER ELIGIBILITY REQUIREMENTS AS DETERMINED BY THE DIVISION
 IN ACCORDANCE WITH THIS SECTION; AND
   B. PROVIDING GRANTS TO PROGRAMS OFFERED BY NONPROFIT ORGANIZATIONS  IN
 GOOD  STANDING  THAT  BENEFIT INDIVIDUALS RESIDING IN AREAS OF THE STATE
 WHICH HAVE STATISTICALLY HIGHER HIGH SCHOOL DROPOUT, POVERTY  OR  INCAR-
 CERATION  RATES  AS  DETERMINED  BY THE DIVISION. SUCH PROGRAMS SHALL BE
 EVIDENCE-BASED OR OUTCOME-BASED PROGRAMS FOR INDIVIDUALS  WHO  MEET  THE
 ELIGIBILITY  REQUIREMENTS  DETERMINED BY THE DIVISION, AIMED AT REDUCING
 RISK FACTORS AND PRODUCING POSITIVE OUTCOMES, WHICH MAY INCLUDE  MENTOR-
 ING,  INDIVIDUAL COUNSELING AND THERAPEUTIC SERVICES, FAMILY STRENGTHEN-
 ING ACTIVITIES AND CASE MANAGEMENT TO SUPPORT COORDINATION OF SERVICES.
   5. SOLICITATION. THE DIVISION  AND  THE  DEPARTMENT  MAY  SOLICIT  AND
 ACCEPT  GIFTS,  DONATIONS,  LEGACIES AND OTHER REVENUES FOR DEPOSIT INTO
 THE FUND FROM A PERSON OR GOVERNMENT ENTITY.
   6. OPERATION OF THE FUND. THE  DIVISION  AND  DEPARTMENT  SHALL  ADOPT
 RULES  AND  REGULATIONS  FOR  THE MAINTENANCE AND USE OF THE FUND WITHIN
 SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, INCLUDING A  PROVISION
 ENSURING  THAT SCHOLARSHIP RECIPIENTS AND GRANTEES ARE SELECTED BASED ON
 INDEPENDENT AND BLIND EVALUATIONS.
   7. REPORT. ON OR BEFORE OCTOBER FIRST OF EACH YEAR, THE  DIVISION  AND
 THE  DEPARTMENT SHALL CONVENE A PUBLIC HEARING AND AT SUCH TIME SUBMIT A
 REPORT TO THE PUBLIC, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY  PRESI-
 DENT  OF  THE SENATE AND THE GOVERNOR. THE REPORT SHALL INCLUDE, BUT NOT
 BE LIMITED TO, THE FOLLOWING:
   A. THE FUND'S REVENUES AND EXPENDITURES IN THE PRIOR FISCAL YEAR;
   B. THE NUMBER OF ACADEMIC SCHOLARSHIPS AWARDED AND  THE  GENDER,  AGE,
 SCHOOL  DISTRICT  AND  COUNTY OF RESIDENCE OF THE RECIPIENTS OF ACADEMIC
 SCHOLARSHIPS; AND
   C. THE NUMBER OF GRANTS AWARDED AND THE GENDER, AGE,  SCHOOL  DISTRICT
 AND COUNTY OF RESIDENCE OF THE GRANTEES.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have  become  a  law;  provided,  however,  that  the  commissioner   of
 corrections  and community supervision and the commissioner of the divi-
 sion of criminal justice services shall promulgate any rules  and  regu-
 lations  necessary  for the implementation of this act on or before such
 effective date.