Assembly Bill A8017

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8017
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the correction law, in relation to requiring the depart-
   ment  of  corrections and community supervision to establish discharge
   plans and reentry services for wrongfully convicted  individuals  upon
   their discharge

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading of 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:
   Discharge  plans  AND REENTRY SERVICES; JUVENILE OFFENDERS AND ADOLES-
 CENT OFFENDERS.
   § 2. The correction law is amended by adding a  new  section  78-a  to
 read as follows:
   §  78-A.  DISCHARGE  PLANS  AND REENTRY SERVICES; WRONGFULLY CONVICTED
 INDIVIDUALS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE TERM:
   (A) "WRONGFULLY CONVICTED INDIVIDUAL" MEANS  A  PERSON  WHO  HAS  BEEN
 CONVICTED  AND  SUBSEQUENTLY  DETERMINED TO BE INNOCENT OF THE CRIME FOR
 WHICH THEY WERE CONVICTED.
   (B) "DISCHARGE PLAN" MEANS A PLAN DESCRIBING THE MANNER IN  WHICH  THE
 WRONGFULLY CONVICTED INDIVIDUAL WILL BE ABLE TO RECEIVE REENTRY SERVICES
 UPON RELEASE FROM THE CUSTODY OF THE DEPARTMENT TO THE COMMUNITY.
   (C) "REENTRY SERVICES" MEANS APPROPRIATE PROGRAMMING AND SUPPORT PLAN-
 NING  OFFERED TO A WRONGFULLY CONVICTED INDIVIDUAL UPON RELEASE FROM THE
 CUSTODY OF THE DEPARTMENT TO THE COMMUNITY, AS WELL AS FOLLOW-UP SUPPORT
 OFFERED TO THE INDIVIDUAL AFTER THEIR RELEASE.
   2. DISCHARGE PLANS AND REENTRY SERVICES. PRIOR TO THE  RELEASE  OF  AN
 ELIGIBLE  INCARCERATED  INDIVIDUAL FROM THE CUSTODY OF THE DEPARTMENT, A
 DESIGNEE OF  THE  DEPARTMENT  SHALL,  IN  CONSULTATION  WITH  NON-PROFIT
 PROVIDERS  AND IN CONJUNCTION WITH SUCH WRONGFULLY CONVICTED INDIVIDUAL,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11996-01-3
              

 A. 8017                             2
 
 DEVELOP AND OFFER TO SUCH INDIVIDUAL A DISCHARGE  PLAN.  SUCH  DISCHARGE
 PLAN SHALL:
   (A)  BE  DESIGNED  TO  ADDRESS  THE  UNIQUE  NEEDS  OF  THE WRONGFULLY
 CONVICTED INDIVIDUAL, INCLUDING, BUT NOT LIMITED  TO,  THE  INDIVIDUAL'S
 GEOGRAPHIC  LOCATION  UPON  RELEASE  FROM THE CUSTODY OF THE DEPARTMENT,
 HOUSING NEEDS, EDUCATIONAL NEEDS, EMPLOYMENT NEEDS, MEDICAL  NEEDS,  AND
 SPECIFIC SOCIAL SERVICE NEEDS.
   (B)  PROVIDE  ACCESS TO REENTRY SERVICES INCLUDING, BUT NOT BE LIMITED
 TO, CASE MANAGEMENT AND CONNECTIONS TO EMPLOYMENT SERVICES,  EDUCATIONAL
 SERVICES,  MENTAL  HEALTH  SERVICES, MEDICAL CARE, HOUSING SERVICES, AND
 OTHER SOCIAL SERVICES THAT MAY BE AVAILABLE TO SUCH WRONGFULLY CONVICTED
 INDIVIDUAL UPON THEIR RELEASE.
   § 3. This act shall take effect on the sixtieth  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.