S T A T E O F N E W Y O R K
________________________________________________________________________
2750
2023-2024 Regular Sessions
I N S E N A T E
January 24, 2023
___________
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05724-01-3
S. 2750 2
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
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
S. 2750 3
(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:
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.