S T A T E O F N E W Y O R K
________________________________________________________________________
8022
2021-2022 Regular Sessions
I N A S S E M B L Y
June 4, 2021
___________
Introduced by M. of A. DAVILA -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to the role of the
department of corrections and community supervision in planning and
facilitating the discharge or release of incarcerated persons to the
community
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 77 to
read as follows:
§ 77. DISCHARGE PLANS. 1. (A) PRIOR TO THE RELEASE OR DISCHARGE OF AN
INCARCERATED PERSON FROM A CORRECTIONAL FACILITY, THE DEPARTMENT SHALL
PROVIDE A COMPREHENSIVE DISCHARGE PLAN FOR SUCH PERSON. SUCH PLAN SHALL
INCLUDE PLANNING FOR SUCH PERSON'S MENTAL HEALTH NEEDS, MEDICAL CARE,
HOUSING, EMPLOYMENT AND ANY SUBSTANCE USE DISORDER SERVICES. SUCH
DISCHARGE PLAN SHALL BE PREPARED IN CONSULTATION WITH NON-PROFIT PROVID-
ERS AND IN CONJUNCTION WITH SUCH INCARCERATED PERSON TO ENSURE THE
COMPREHENSIVE DISCHARGE PLAN IS APPROPRIATE AND WELL-COORDINATED. NO
LATER THAN SEVEN DAYS PRIOR TO RELEASE OR DISCHARGE, SUCH DISCHARGE PLAN
SHALL BE PROVIDED TO THE INCARCERATED PERSON FOR WHOM IT WAS PREPARED
AND TO THE NON-PROFIT PROVIDERS THAT ASSISTED IN ITS PREPARATION. THE
DISCHARGE PLAN AND ALL COORDINATED SERVICES ARE VOLUNTARY UNLESS OTHER-
WISE REQUIRED BY LAW. ANY PERSONAL IDENTIFYING INFORMATION SHARED WITH
PROVIDERS TO COORDINATE THE DISCHARGE PLANNING AND RELEVANT SERVICES
SHALL BE SHARED ONLY WITH THE INFORMED AND VOLUNTARY WRITTEN CONSENT OF
THE INCARCERATED PERSON FOR WHOM THE DISCHARGE PLAN IS PREPARED.
(B) THE DEPARTMENT SHALL BEGIN PREPARING THE PLAN REQUIRED BY PARA-
GRAPH (A) OF THIS SUBDIVISION NO LATER THAN FORTY-FIVE DAYS PRIOR TO AN
INCARCERATED PERSON'S RELEASE OR DISCHARGE FROM A CORRECTIONAL FACILITY
AND SHALL COMPLETE THE PLAN NO LATER THAN SEVEN DAYS PRIOR TO SUCH
PERSON'S RELEASE OR DISCHARGE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11766-04-1
A. 8022 2
(C) FOR THOSE INCARCERATED PERSONS WHO ARE TO BE RELEASED OR
DISCHARGED FROM A CORRECTIONAL FACILITY LESS THAN FORTY-FIVE DAYS AFTER
THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL BEGIN PREPARING
THE PLAN REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION IMMEDIATELY AND
MAKE BEST EFFORTS TO COMPLETE SUCH PLAN PRIOR TO SUCH INCARCERATED
PERSON'S RELEASE OR DISCHARGE.
(D) THE PLAN REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION SHALL
FURTHER INCLUDE AN ASSESSMENT OF SUCH INCARCERATED PERSON'S ACCESS TO
HOUSING AND ANY PREPARATION NECESSARY FOR SUCH PERSON'S SUCCESSFUL TRAN-
SITION TO ADEQUATE AND STABLE HOUSING. IF THE DEPARTMENT DETERMINES THAT
AN INCARCERATED PERSON DOES NOT HAVE ACCESS TO ADEQUATE AND STABLE HOUS-
ING, THE DEPARTMENT SHALL, UPON RELEASE OF SUCH PERSON, OBTAIN FOR SUCH
PERSON A PLACEMENT IN ADEQUATE AND STABLE HOUSING THAT IS NOT A SHELTER.
SUCH ADEQUATE AND STABLE HOUSING MAY INCLUDE, BUT NOT BE LIMITED TO,
PERMANENT, TRANSITIONAL, SUPPORTIVE OR VOLUNTARY RESIDENTIAL TREATMENT
OR MEDICAL CARE. UPON THE RELEASE OR DISCHARGE OF AN INCARCERATED PERSON
FROM A CORRECTIONAL FACILITY, THE DEPARTMENT SHALL ARRANGE FOR THE
TRANSPORTATION OF SUCH PERSON OR PROVIDE MEANS FOR THE TRANSPORTATION OF
SUCH PERSON TO HOUSING.
(E) THE PLAN REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION SHALL
FURTHER INCLUDE AN OFFER OF TRANSITIONAL OR LONG-TERM EMPLOYMENT UPON
RELEASE OR DISCHARGE.
2. (A) AS USED IN THIS SUBDIVISION, THE TERM "REENTRY PROVIDERS" SHALL
MEAN PROVIDERS OF PROGRAMS OR SERVICES DESIGNED TO PROMOTE THE SUCCESS-
FUL AND PRODUCTIVE REENTRY AND REINTEGRATION OF AN INCARCERATED PERSON
INTO THE GENERAL SOCIETY, INCLUDING HOUSING SERVICES, MEDICAL AND MENTAL
HEALTH SERVICES, HIV/AIDS SERVICES, EDUCATIONAL, VOCATIONAL AND EMPLOY-
MENT SERVICES, AND ALCOHOL OR SUBSTANCE USE DISORDER TREATMENT SERVICES.
(B) PRIOR TO REFERRING AN INCARCERATED PERSON TO TREATMENT OR MEDICAL
CARE UPON RELEASE, THE DEPARTMENT SHALL COORDINATE WITH THE APPROPRIATE
REENTRY PROVIDERS IN THE LOCAL JURISDICTION WHERE SUCH PERSON IS SCHED-
ULED TO BE RELEASED. UNLESS OTHERWISE REQUIRED BY LAW, ALL REFERRALS TO
TREATMENT OR MEDICAL CARE UPON RELEASE SHALL BE MADE ONLY WITH THE
INCARCERATED PERSON'S INFORMED AND VOLUNTARY WRITTEN CONSENT. IN ACCORD-
ANCE WITH APPLICABLE PRIVACY LAWS, AND ONLY WITH SUCH PERSON'S INFORMED
AND VOLUNTARY WRITTEN CONSENT, SUCH COORDINATION SHALL INCLUDE NOTIFICA-
TION TO SUCH REENTRY PROVIDERS OF THE INCARCERATED PERSON'S PLANNED
TREATMENT OR MEDICAL CARE PLACEMENT, WHEN DOCUMENTED TO BE NECESSARY FOR
SUCH PROVIDERS TO CONTINUE TO COORDINATE AND/OR PROVIDE CARE AND
SERVICES.
(C) (I) IF AN INCARCERATED PERSON DECLINES A HOUSING PLACEMENT, PRIOR
TO REFERRING TO AND PLACING IN A SHELTER AN INCARCERATED PERSON WHO IS
SCHEDULED TO BE RELEASED, THE DEPARTMENT SHALL COORDINATE WITH THE
APPROPRIATE REENTRY PROVIDERS IN THE LOCAL JURISDICTION WHERE SUCH
PERSON IS SCHEDULED TO BE RELEASED. SUCH COORDINATION SHALL INCLUDE
NOTIFICATION TO SUCH REENTRY PROVIDERS OF THE INCARCERATED PERSON'S
PLANNED REFERRAL TO AND PLACEMENT IN SUCH SHELTER.
(II) IN SUCH INSTANCES IN WHICH THE INCARCERATED PERSON DECLINES A
HOUSING PLACEMENT AND THE DEPARTMENT'S DISCHARGE PLANNING RESULTS IN
RELEASE OF THE PERSON TO TEMPORARY HOUSING IN A SHELTER, INCLUDING BUT
NOT LIMITED TO A SHELTER REGULATED BY THE OFFICE OF TEMPORARY AND DISA-
BILITY ASSISTANCE, THE DEPARTMENT SHALL: (A) AT THE TIME OF SUCH
PERSON'S RELEASE, PROVIDE A REPORT TO THE INCARCERATED PERSON FOR WHOM
IT WAS PREPARED AND TO THE LOCAL SOCIAL SERVICES DISTRICT TO WHICH SUCH
PERSON IS SCHEDULED TO BE RELEASED, DESCRIBING IN DETAIL ALL NECESSARY
AND RELEVANT DISCHARGE PLANNING UNDERTAKEN FOR SUCH PERSON ONLY IF AND
A. 8022 3
WHEN SUCH LOCAL SOCIAL SERVICES DISTRICT IS PROVIDING AND/OR ASSISTING
IN THE COORDINATION OF SERVICES PROVIDED TO SUCH PREVIOUSLY INCARCERATED
PERSON AND THE INFORMATION IS NECESSARY AND RELEVANT TO FACILITATE SUCH
ASSISTANCE, PROVIDED THAT THE CONFIDENTIALITY PROTECTIONS OF THE SOCIAL
SERVICES LAW APPLY TO SUCH REPORT; (B) CONTINUE ASSISTING THE PERSON TO
OBTAIN HOUSING THAT IS NOT TEMPORARY HOUSING IN A SHELTER AND DOES NOT
VIOLATE THE TERMS OF SUCH PERSON'S PAROLE; AND (C) ONCE EVERY THIRTY
DAYS FOLLOWING RELEASE UNTIL SUCH PERSON IS NO LONGER SUBJECT TO PAROLE,
PROVIDE A REPORT, THAT IS SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF
THE SOCIAL SERVICES LAW, TO SUCH REENTRY PROVIDERS PROVIDING SERVICES TO
SUCH PERSON AND THE LOCAL SOCIAL SERVICES DISTRICT, IF AND WHEN SUCH
LOCAL SOCIAL SERVICES DISTRICT IS PROVIDING AND/OR ASSISTING IN THE
COORDINATION OF SERVICES PROVIDED TO SUCH PREVIOUSLY INCARCERATED PERSON
AND THE INFORMATION IS NECESSARY AND RELEVANT TO FACILITATE SUCH ASSIST-
ANCE DESCRIBING ALL NECESSARY AND RELEVANT CONTINUING ASSISTANCE
PROVIDED BY THE DEPARTMENT TO SUCH PERSON IN ATTEMPTING TO OBTAIN HOUS-
ING THAT IS NOT TEMPORARY HOUSING IN A SHELTER DESCRIBED IN THIS PARA-
GRAPH AND THAT DOES NOT VIOLATE THE TERMS OF SUCH PERSON'S PAROLE.
3. UPON THE RELEASE OR DISCHARGE OF AN INCARCERATED PERSON FROM A
CORRECTIONAL FACILITY, THE DEPARTMENT SHALL CONNECT SUCH PERSON TO
APPROPRIATE REENTRY PROVIDERS. ALL REENTRY PROVIDERS WITH WHICH THE
DEPARTMENT CONNECTS A PERSON PURSUANT TO THIS SUBDIVISION AND ALL
REENTRY PROVIDERS WITH WHICH THE DEPARTMENT COORDINATES ON BEHALF OF A
PERSON PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE PROVIDED
WITH THE COMPREHENSIVE DISCHARGE PLAN PREPARED BY THE DEPARTMENT FOR
SUCH PERSON PURSUANT TO SUBDIVISION ONE OF THIS SECTION. SUCH REENTRY
PROVIDERS SHALL SHARE SUCH PLAN AND RELATED DOCUMENTS AND RECORDS WITH
ANOTHER PERSON OR ENTITY ONLY WITH THE INFORMED, VOLUNTARY WRITTEN
CONSENT OF THE PERSON WHO IS THE SUBJECT OF SUCH PLAN, DOCUMENT OR
REPORT.
4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, NOTHING IN THIS
SECTION SHALL DELAY THE RELEASE OR DISCHARGE OF AN INCARCERATED PERSON
WHILE AWAITING OR AWAITING THE COMPLETION OF ANY PLAN, NOTICE,
CONNECTION, REFERRAL, COORDINATION, OFFER, PLACEMENT, SERVICE, REPORT,
OR OTHER THING DESCRIBED IN THIS SECTION, AND THE DEPARTMENT SHALL NOT
CONDITION RELEASE OR DISCHARGE OF AN INCARCERATED PERSON ON SUCH
PERSON'S ENROLLMENT OR PARTICIPATION IN ANY TREATMENT FACILITY UNLESS
SUCH SPECIFIC ENROLLMENT OR PARTICIPATION HAS OTHERWISE BEEN LAWFULLY
REQUIRED AS A CONDITION OF RELEASE OR DISCHARGE BY THE BOARD OF PAROLE.
§ 2. Section 78 of the correction law, as added by section 81-b of
part WWW of chapter 59 of the laws of 2017, is amended to read as
follows:
§ 78. Discharge plans FOR JUVENILE OFFENDERS AND ADOLESCENT OFFENDERS.
The department, in consultation with the office of children and family
services, shall provide discharge plans for juvenile offenders and
adolescent offenders who are released to parole or post-release super-
vision, which are tailored to address their individual needs. Such plans
shall include services designed to promote public safety and the
successful and productive reentry of such adolescents into society.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.