S T A T E O F N E W Y O R K
________________________________________________________________________
9506
I N A S S E M B L Y
March 10, 2022
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Codes
AN ACT to amend the executive law, in relation to enacting the "Michael
K. Williams law", also known as the "New York state reverse mass
incarceration act", to establish a grant program to incentivize coun-
ties and municipalities to reduce prison populations; and making an
appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Michael K.
Williams law", or the "New York state reverse mass incarceration act".
§ 2. Article 35 of the executive law is amended by adding a new
section 847 to read as follows:
§ 847. REVERSE MASS INCARCERATION GRANT PROGRAM. 1. THERE IS HEREBY
CREATED WITHIN THE DIVISION OF CRIMINAL JUSTICE SERVICES A REVERSE MASS
INCARCERATION GRANT PROGRAM TO BE ADMINISTERED BY THE ATTORNEY GENERAL
ACTING THROUGH THE COMMISSIONER TO AWARD GRANTS TO COUNTY GOVERNMENTS
FOR THE IMPLEMENTATION OF EVIDENCE-BASED PROGRAMS DESIGNED TO REDUCE
CRIME RATES AND INCARCERATIONS.
2. A GRANT MAY BE AWARDED UPON THE SUBMISSION OF AN APPLICATION TO THE
ATTORNEY GENERAL WHICH:
(A) DEMONSTRATES THE ABILITY TO COLLECT AND ANALYZE LOCAL CRIMINAL
JUSTICE AND INCARCERATION DATA INCLUDING DATA ON RACIAL AND ETHNIC
DISPARITIES;
(B) ESTABLISHES BENCHMARKS TO TRACK DECARCERATION, A CLEAR METHODOLOGY
TO ACCOUNT FOR THE NUMBER OF PEOPLE IN CUSTODY AND GROWTH RATE OVER THE
PAST THREE CALENDAR YEARS;
(C) PROVIDES A MEANS TO DEVELOP A STRATEGIC, COLLABORATIVE PLAN TO
DECREASE LOCAL JAIL/PRISON POPULATIONS WHICH SHALL BE PUBLIC FACING AND
OUTLINE HOW FUNDS, IF AWARDED, SHALL BE USED TO REDUCE THE PRISON/JAIL
POPULATION IN THE COUNTY OVER TIME;
(D) SETS GOALS FOR THE REDUCTION OF RACIAL AND ETHNIC JAIL INCARCERA-
TION DISPARITIES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13838-03-2
A. 9506 2
(E) DEMONSTRATES THAT THE CRIME RATE WITHIN THE MUNICIPALITY DID NOT
INCREASE BY MORE THAN THREE PERCENT.
3. IF A GRANT IS AWARDED UPON THE SUBMISSION OF AN APPLICATION, FUNDS
CANNOT BE USED TO CONSTRUCT NEW JAILS OR CORRECTIONAL CENTERS.
4. FINANCIAL SAVINGS CREATED THROUGH DECREASED INCARCERATION SHALL BE
USED TO SUSTAIN PROGRAMMATIC AND COMMUNITY-BASED EFFORTS TO REDUCE JAIL
INCARCERATION.
5. GRANTEES SHALL CONSULT WITH MUNICIPAL, COUNTY AND STATE LAW
ENFORCEMENT AGENCIES, COURTS, PUBLIC DEFENSE PRACTITIONERS AND COMMUNI-
TY-BASED ORGANIZATIONS TO PLAN, IMPLEMENT AND EVALUATE.
6. IF A GRANTEE FAILS TO MEET THE INCARCERATION RATE AND RACIAL AND
ETHNIC DISPARITIES REDUCTION REQUIREMENTS UNDER SUBDIVISION TWO OF THIS
SECTION IN ANY TWO CONSECUTIVE YEARS OF THE AWARD, THE ATTORNEY GENERAL,
ACTING THROUGH THE COMMISSIONER, SHALL TERMINATE THE AWARD.
§ 3. The sum of seven million dollars ($7,000,000), or so much thereof
as may be necessary, is hereby appropriated to the reverse mass incar-
ceration grant program as established pursuant to section 847 of the
executive law from any moneys in the state treasury not otherwise appro-
priated and made immediately available to the division of criminal
justice services for distribution to municipalities for the purposes of
carrying out the provisions of this act. Such moneys shall be payable on
the audit and warrant of the comptroller on vouchers certified or
approved by the commissioner of criminal justice services in the manner
prescribed by law.
§ 4. Any financial assistance in the form of a grant may be provided
for any amount from funds appropriated specifically therefor up to and
including the amount of three hundred and fifty thousand dollars.
§ 5. Each county may submit no more than one application annually.
§ 6. This act shall take effect immediately.