NY State Senate Bill 2021-S8528

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2022	referred to finance

2021-S8528 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add §92-kk, St Fin L; amd §2.30, CP L
Versions Introduced in 2023-2024 Legislative Session:: S2750

2021-S8528 (ACTIVE) - Summary

Establishes a reentry services and treatment fund; establishes training requirements for peace officers related to mental illness and trauma informed care.

2021-S8528 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8528

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the state finance law and the criminal procedure law, in
relation to establishing a reentry services and treatment fund; and
making an appropriation therefor

 
PURPOSE:

Provides state support for services and treatment for successful reentry
of New Yorkers into the community after incarceration in prison.

 
SUMMARY OF PROVISIONS

Section 1 establishes the Reentry Services and Treatment (ReSeT) Fund to
provide rehabilitation, mental health treatment, workforce development,
and other crime prevention and recidivism reduction services and treat-
ment to facilitate successful and sustainable reentry to individuals
returning to New York communities after serving a prison sentence.
Section 1 also requires the state to study the effects of the infusion

of funds to determine what additional services are delivered, and meas-
ure the relevant community health and safety and criminal justice
outcomes.

Section 2 requires added training on trauma-informed practices for
certain criminal legal professionals.

Section 3 requires a minimum of $500,000,000 to be appropriated to the
department of taxation and finance from the general fund to fund the
reentry program.

Section 4 provides that the act is effective immediately.

 
JUSTIFICATION

Prisons and jails are not the only way to hold people accountable, and
they do not help build safe and healthy communities. New York has
pursued a policy of reducing excessive incarceration. As our state
pursues the important goal of safe decarceration, a functioning system
is needed to provide rehabilitation, accountability, and prevention, and
these systems have not been adequately supported.

It is much less expensive to provide communities with the services and
treatment infrastructure they need and to use that system to prevent
crime and keep returning community members productive at home, so they
do not go back.

A front-end infusion establishing a funding stream is necessary to jump-
start this ecosystem of services. These investments also will move New
York one critical step closer to a system with diversion and alterna-
tives to incarceration programs that are scaled up sufficiently to be
accessible to much more than a tiny fraction of defendants.

New York has made some reforms, but never taken the crucial step of
serving the criminogenic needs of our neighbors when they are returning
home after being incarcerated-to keep them stable and the community
safe.
This bill is aimed at fulfilling the overwhelming will of the legisla-
ture, key stakeholders, including law enforcement and prosecutors, and
the public for New York to support a comprehensive network of services
and treatment in the community to reduce recidivism, prevent crime, and
build healthy communities.

 
LEGISLATIVE HISTORY

New Bill.

 
FISCAL IMPLICATIONS

This Bill will invest savings from reduced incarceration into services
and treatment, which in turn will provide a benefit to the state of
reduced future incarceration costs and safer streets.

 
EFFECTIVE DATE
This act shall take effect immediately.

2021-S8528 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8528
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law and the criminal procedure law, in
   relation to establishing a reentry services and  treatment  fund;  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. The state finance law is amended by adding  a  new  section
 92-kk to read as follows:
   §  92-KK.  REENTRY  SERVICES  AND  TREATMENT  FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
 COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "REENTRY SERVICES AND TREATMENT FUND" FOR THE PURPOSES OF FUNDING VOLUN-
 TARY SERVICES AND TREATMENT IN THE COMMUNITY FOR NEW YORKERS  REENTERING
 THE COMMUNITY AFTER A PERIOD OF INCARCERATION.
   2.  THE SEVERAL AMOUNTS SPECIFIED IN THIS SECTION FOR REENTRY SERVICES
 AND TREATMENT, OR SO MUCH THEREOF AS SHALL BE SUFFICIENT  TO  ACCOMPLISH
 THE  PURPOSES  DESIGNATED BY THE APPROPRIATIONS, ARE HEREBY APPROPRIATED
 AND AUTHORIZED TO BE PAID AS HEREINAFTER  PROVIDED,  TO  THE  RESPECTIVE
 PUBLIC OFFICERS AND FOR THE SEVERAL PURPOSES SPECIFIED.
   3. MONEY ALLOCATED TO THE REENTRY SERVICES AND TREATMENT FUND SHALL BE
 KEPT  SEPARATE  AND  SHALL NOT BE COMMINGLED WITH ANY OTHER FUNDS IN THE
 CUSTODY OF THE STATE COMPTROLLER.
   4. MONEY EXPENDED FROM THIS FUND SHALL BE USED TO SUPPLEMENT  AND  NOT
 SUPPLANT OR REPLACE ANY OTHER FUNDS, INCLUDING FEDERAL OR STATE FUNDING,
 WHICH WOULD OTHERWISE HAVE BEEN EXPENDED FOR REENTRY SERVICES AND TREAT-
 MENT.  PROVIDED  FURTHER,  GENERAL  OPERATING  FUNDS OR BASELINE FUNDING
 SHALL NOT BE REDUCED DUE TO MONIES EXPENDED FROM THE FUND.
   5. THIS FUND SHALL CONSIST OF MONIES APPROPRIATED BY  THE  LEGISLATURE
 TO BE SPENT ON ELIGIBLE EXPENDITURES AS DEFINED HEREIN.
   6.  FUNDING  SHALL  BE  DISTRIBUTED  REGIONALLY AND TO ENSURE ADEQUATE
 GEOGRAPHIC DISBURSEMENT ACROSS THE STATE. IN ADDITION  TO  PROGRAMS  AND
 SERVICES  OVERSEEN BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, FUNDING
 MAY ALSO BE EXPENDED ON PROGRAMS AND SERVICES OVERSEEN BY THE DEPARTMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14992-01-2
 S. 8528                             2
 
 OF HEALTH, THE OFFICE OF MENTAL HEALTH,  THE  DIVISION  OF  HOUSING  AND
 COMMUNITY  RENEWAL,  THE  OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE
 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, OR ANY OTHER AGENCY  THAT
 MAY  OVERSEE  AN  APPROPRIATE  PROGRAM  OR SERVICE THAT IS CONSIDERED AN
 ELIGIBLE EXPENDITURE AS PROVIDED UNDER THIS SECTION.  FUNDING  DECISIONS
 SHALL  INCLUDE  AN  EMPHASIS ON SUPPORTING PROGRAMS THAT ARE CULTURALLY,
 LINGUISTICALLY AND  GENDER  COMPETENT,  TRAUMA-INFORMED,  EVIDENCE-BASED
 AND, WHERE APPROPRIATE, EMPLOY INDIVIDUALS WITH LIVED EXPERIENCE AS PART
 OF THE SERVICES PROVIDED. AGENCIES, OFFICES, AND PROGRAMS RECEIVING SUCH
 FUNDING  SHALL  COLLABORATE  AT  THE  REGIONAL LEVEL TO IDENTIFY GAPS OF
 SERVICE AND DEVELOP A COMPREHENSIVE CONTINUUM OF SERVICES TO SUPPORT THE
 REENTRY AND TREATMENT NEEDS  OF  INDIVIDUALS  REENTERING  THE  COMMUNITY
 AFTER A PERIOD OF INCARCERATION.
   7.  ON  OR BEFORE NOVEMBER FIRST OF THE YEAR AFTER THE INITIAL DEPOSIT
 OF MONIES IN THE REENTRY  SERVICES  AND  TREATMENT  FUND,  THE  RELEVANT
 COMMISSIONERS  SHALL PROVIDE A WRITTEN REPORT TO THE GOVERNOR, TEMPORARY
 PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR  OF  THE  SENATE
 FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR
 OF  THE SENATE ALCOHOLISM AND SUBSTANCE ABUSE COMMITTEE AND CHAIR OF THE
 ASSEMBLY ALCOHOLISM AND DRUG  ABUSE  COMMITTEE.  SUCH  REPORT  SHALL  BE
 PRESENTED  AS A CONSOLIDATED DASHBOARD AND BE MADE PUBLICLY AVAILABLE ON
 THE RESPECTIVE OFFICES' WEBSITES. THE REPORT SHALL INCLUDE THE FOLLOWING
 INFORMATION:
   (I) THE BASELINE FUNDING FOR ANY ENTITY THAT RECEIVES FUNDING FROM THE
 REENTRY SERVICES AND TREATMENT  FUND,  PRIOR  TO  THE  RECEIPT  OF  SUCH
 REENTRY SERVICES AND TREATMENT FUNDS;
   (II)  HOW  FUNDS  DEPOSITED IN THE REENTRY SERVICES AND TREATMENT FUND
 HAD BEEN UTILIZED IN THE PRECEDING  CALENDAR  YEAR,  INCLUDING  BUT  NOT
 LIMITED TO:
   (A)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENT, IF APPLICABLE;
   (B) THE NAMES AND TOTAL NUMBER OF RECIPIENTS, THE AMOUNTS  AWARDED  TO
 EACH  RECIPIENT  AND  DETAILS  ABOUT THE PURPOSE SUCH FUNDS WERE AWARDED
 FOR, INCLUDING WHAT SPECIFIC SERVICES AND PROGRAMS THE FUNDS  WERE  USED
 ON  AND  WHAT  POPULATIONS  SUCH  SERVICES OR PROGRAMS SERVED, INCLUDING
 INFORMATION ON SPECIFIC SERVICES OR PROGRAMS AIMED TO  SERVE  WOMEN  AND
 FAMILIES IMPACTED BY INCARCERATION;
   (C)  THE  MAIN CRITERIA UTILIZED TO DETERMINE THE AWARD, INCLUDING HOW
 THE PROGRAM OR SERVICE ASSISTS TO REDUCE RECIDIVISM OF INDIVIDUALS REEN-
 TERING THE COMMUNITY AFTER A PERIOD OF INCARCERATION;
   (D) AN ANALYSIS OF THE EFFECTIVENESS OF THE SERVICES  AND/OR  PROGRAMS
 THAT RECEIVED REENTRY SERVICES AND TREATMENT FUNDING IN THEIR EFFORTS TO
 INCREASE  STABILITY  AND REDUCE RECIDIVISM OF INDIVIDUALS REENTERING THE
 COMMUNITY AFTER A PERIOD OF INCARCERATION. SUCH ANALYSIS  SHALL  UTILIZE
 EVIDENCE-BASED  UNIFORM  METRICS  WHEN REVIEWING THE EFFECTS THE SERVICE
 AND/OR PROGRAM HAD ON ENHANCING STABILITY AND SUPPORTS  FOR  INDIVIDUALS
 SERVED  BY THE SERVICE AND/OR PROGRAM, PREVENTING FURTHER CRIMINAL LEGAL
 SYSTEM INVOLVEMENT, AND ADVANCING TREATMENT AND RECOVERY FOR INDIVIDUALS
 WITH ASSOCIATED NEEDS;
   (E) ANY RELEVANT INFORMATION PROVIDED BY  THE  NEW  YORK  SUBDIVISIONS
 PURSUANT TO THIS SECTION; AND
   (F)  ANY  OTHER  INFORMATION  THE COMMISSIONERS DEEM NECESSARY FOR THE
 LEGISLATURE TO DETERMINE APPROPRIATE FUTURE AWARDS AND ENSURE SUCH FUND-
 ING IS NOT BEING USED TO SUPPLANT LOCAL, STATE, OR FEDERAL FUNDING.
   § 2. Section 2.30 of the criminal procedure law is amended by adding a
 new subdivision 7 to read as follows:
 S. 8528                             3

   7. (A) THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES, IN  CONSULTATION
 WITH  THE  COMMISSIONER  OF HEALTH, SHALL ENSURE THAT TRAINING FOR PEACE
 OFFICERS WHO WORK IN THE CRIMINAL LEGAL SYSTEM ARE PROVIDED AT LEAST TEN
 HOURS OF TRAINING ANNUALLY RELATED TO MENTAL ILLNESS AND TRAUMA INFORMED
 CARE PURSUANT TO SECTION 7.23 OF THE MENTAL HYGIENE LAW. TRAUMA TRAINING
 PURSUANT  TO  THIS  SECTION  WILL  BE OFFERED AS AN ADDITIVE PART OF THE
 REQUIRED TRAINING FOR ALL SUCH PEACE OFFICERS, AND NO OTHER PART OF  THE
 TRAINING WILL BE REDUCED. SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO:
   (I)  PROGRAMS  AND  ACTIVITIES RELATED TO MENTAL HEALTH, INCLUDING ANY
 INFORMATION ON APPLICABLE MENTAL HEALTH  DIVERSION  PROGRAMS  AND  PROC-
 ESSES;
   (II)  TRAUMA  INFORMED  CARE,  INTERVENTION  AND  PRACTICES, INCLUDING
 GENDER-INFORMED CARE AND BEST PRACTICES ON MAKING AN ARREST WHEN A CHILD
 IS PRESENT;
   (III) ADVERSE CHILDHOOD EXPERIENCES  AND  SOCIAL  EMOTIONAL  LEARNING,
 INCLUDING  THE  IMPACT  OF  PARENTAL  INCARCERATION ON CHILDREN AND BEST
 PRACTICES FOR FACILITATING FAMILIAL CONNECTION TO AN INCARCERATED  CARE-
 GIVER;
   (IV) BEHAVIORAL HEALTH DISORDERS;
   (V)  BEST  PRACTICES  FOR  IMPROVING THE OVERALL CRIMINAL LEGAL SYSTEM
 ENVIRONMENT;
   (VI) SAFE DE-ESCALATION OF CRISIS SITUATIONS;
   (VII) IDENTIFYING SIGNS AND SYMPTOMS, INCLUDING EARLY STAGES OF MENTAL
 ILLNESS AND BEHAVIORAL HEALTH ISSUES; AND
   (VIII) THE USE OF EVIDENCE-BASED TRAINING PROGRAMS INCLUDING, BUT  NOT
 LIMITED TO, MENTAL HEALTH FIRST AID OR CORE ELEMENTS OF SUCH PROGRAMS TO
 THE EXTENT PRACTICABLE.
   (B)  IN ADDITION TO OTHER PROGRAMS AND SERVICES, THE STATE COMPTROLLER
 AND THE COMMISSIONER OF TAXATION AND FINANCE SHALL ENSURE THAT A  SUFFI-
 CIENT  PORTION  OF  THE  MONEYS APPROPRIATED TO THE REENTRY SERVICES AND
 TREATMENT FUND, ESTABLISHED UNDER SECTION  NINETY-TWO-KK  OF  THE  STATE
 FINANCE  LAW,  IS ALLOCATED TO PROVIDE THE REQUIRED TRAINING PURSUANT TO
 THIS SECTION.
   § 3. The sum of five hundred million  dollars  ($500,000,000),  or  so
 much  thereof as may be necessary, is hereby appropriated to the depart-
 ment of taxation and finance from any moneys in the  state  treasury  in
 the  general  fund  to  the credit of the reentry services and treatment
 fund not otherwise appropriated for the purposes  of  carrying  out  the
 provisions  of  this  act.    Such sum shall be payable on the audit and
 warrant of the state comptroller on vouchers certified  or  approved  by
 the  commissioner of taxation and finance, or his duly designated repre-
 sentative in the manner provided by law.
   § 4. This act shall take effect immediately.

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Senate Bill S8528

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2021-S8528 (ACTIVE) - Details

2021-S8528 (ACTIVE) - Summary

2021-S8528 (ACTIVE) - Sponsor Memo

2021-S8528 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8528

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Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Finance Committee

2021-S8528 (ACTIVE) - Details

2021-S8528 (ACTIVE) - Summary

2021-S8528 (ACTIVE) - Sponsor Memo

2021-S8528 (ACTIVE) - Bill Text download pdf

Comments