S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7229
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 7229                             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

 S. 7229                             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.