Senate Bill S1771

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1771
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN ACT to amend the correction law, in relation to commencing a study on
   the  relationship between the corrections system and the child welfare
   system

   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 30 to
 read as follows:
   § 30. INCARCERATED INDIVIDUAL STUDY. 1. THE COMMISSIONER SHALL CONDUCT
 A  COMPREHENSIVE  STUDY  ON  INCARCERATED INDIVIDUALS' PRIOR INVOLVEMENT
 WITH CHILD WELFARE AND JUVENILE SYSTEMS, INCLUDING BUT NOT LIMITED TO:
   (A) PREVIOUS PLACEMENT IN OUT-OF-HOME CARE, SPECIFYING TYPE OF  PLACE-
 MENT:  FOSTER  CARE,  KINSHIP  FOSTER CARE, SECURE DETENTION FACILITIES,
 NON-SECURE DETENTION FACILITIES, GROUP HOMES OR OTHER  AUTHORIZED  AGEN-
 CIES  OR  FACILITIES  OPERATED OR LICENSED BY THE OFFICE OF CHILDREN AND
 FAMILY SERVICES;
   (B) THE APPROXIMATE LENGTH OF SUCH PERIOD OF PLACEMENT;
   (C) THE AGE OF THE  INCARCERATED  INDIVIDUAL  DURING  SUCH  PERIOD  OF
 PLACEMENT;
   (D) THE ETHNIC BACKGROUND OF THE INCARCERATED INDIVIDUAL; AND
   (E) THE INCARCERATED INDIVIDUAL'S GENDER.
   2.  AS  PART  OF  THE  STUDY THE COMMISSIONER SHALL CONDUCT SURVEYS ON
 CURRENT INCARCERATED INDIVIDUALS IN STATE, COUNTY, AND MUNICIPAL CORREC-
 TIONAL FACILITIES.  THE SURVEY SHALL BE BASED  ON  A  RANDOM  SAMPLE  OR
 OTHER  SCIENTIFICALLY APPROPRIATE SAMPLE OF NOT LESS THAN TEN PERCENT OF
 ALL STATE, COUNTY, AND MUNICIPAL CORRECTIONAL FACILITIES.
   3. THE COMMISSIONER SHALL ENSURE THE CONFIDENTIALITY  OF  EACH  SURVEY
 PARTICIPANT  BY USING SELF-ADMINISTERED QUESTIONNAIRES AND OTHER SIMILAR
 SURVEY METHODS, WHICH WILL ENSURE THE RESPONDENT'S ANONYMITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01941-01-3
              

 S. 1771                             2
 
   4. AN INCARCERATED INDIVIDUAL SHALL BE DEEMED TO HAVE GIVEN HIS OR HER
 INFORMED CONSENT ONLY IF HE OR SHE IS INFORMED IN WRITING OF THE  POTEN-
 TIAL RISKS AND BENEFITS OF THE STUDY.
   5.  THE  COMMISSIONER  SHALL MAKE A WRITTEN REPORT ON THE RELATIONSHIP
 BETWEEN THE CORRECTIONS SYSTEM AND  THE  CHILD  WELFARE  SYSTEM  TO  THE
 GOVERNOR,  TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY
 OF ITS FINDINGS, CONCLUSIONS AND RECOMMENDATIONS ON OR BEFORE JUNE THIR-
 TIETH OF THE YEAR NEXT SUCCEEDING THE YEAR  IN  WHICH  THIS  SUBDIVISION
 SHALL TAKE EFFECT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.