S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3383
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by M. of A. RICHARDSON, SIMON, HYNDMAN, BICHOTTE HERMELYN --
   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:
   § 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.
                                                            LBD04705-01-1

              

 A. 3383                             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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.