NY State Senate Bill 2023-S8624

Senate Bill S8624

2023-2024 Legislative Session

Prohibits correctional facilities from denying entry to peer support advocates based on such advocates' prior history of incarceration

download bill text pdf

Current Bill Status - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2024	advanced to third reading
May 07, 2024	2nd report cal.
May 06, 2024	1st report cal.860
Feb 22, 2024	referred to crime victims, crime and correction

Votes

- May 6, 2024 - Crime Victims, Crime And Correction Committee Vote
  S8624
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 6, 2024
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      aye wr (2)
      
      Gallivan
      
      Rolison

2023-S8624 (ACTIVE) - Details

See Assembly Version of this Bill:: A9961
Law Section:: Correction Law
Laws Affected:: Add §138-b, Cor L

2023-S8624 (ACTIVE) - Summary

Prohibits correctional facilities from denying entry to peer support advocates participating in the provision of corrections-based substance use disorder treatment and transition services based on such advocates' prior history of incarceration.

2023-S8624 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8624

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the correction law, in relation to prohibiting correc-
tional facilities from blocking entry to peer support advocates based on
such advocates' prior history of incarceration

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit correctional facilities from blocking entry of peer support
advocates based on a history of incarceration.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the correction law regarding permitted
entry by peer support advocates

Section 2 sets the effective date.

JUSTIFICATION:

The importance of access to peer advocates for the approximately 15% of
incarcerated individuals who have substance use disorders cannot be
understated. In 2021, a study showed that those with an opioid use
disorder who were formerly incarcerated had better health and behavioral
outcomes when placed in peer advocacy programs. The same model has been
applied to other fields in prisons for many years tackling issues such
as HIV/AIDS education, suicide prevention, and sexual assault. Studies
also show that recidivism rates decrease when people have access to
treatment in prison.

In 2021, New York State passed a law requiring addiction recovery
services, including peer support, in jails. However, the implementation
has been unequal and often inadequate; county jails create their own
policies regarding employment of peer advocates which are usually very
restrictive and limit the work of advocates.  Some county jail policies
include a prohibition of hiring formerly incarcerated people, effec-
tively barring these peer advocates from doing their essential work.

This bill prohibits correctional facilities from barring admission of
peer advocates based solely on their previous criminal history.  Having
a criminal history is what makes peer advocates relatable and trustwor-
thy among the people they are trying to help. It also gives them the
lived experience needed to help their clients navigate life after being
incarcerated, which is a critical juncture for many leaving prisons and
jails.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
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.

2023-S8624 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8624
 
                             I N  S E N A T E
 
                             February 22, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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  prohibiting  correc-
   tional  facilities from blocking entry to peer support advocates based
   on such advocates' prior history of incarceration

   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 138-b
 to read as follows:
   § 138-B. PERMITTED ENTRY BY PEER SUPPORT ADVOCATES. PEER SUPPORT ADVO-
 CATES  WHO  ARE  PARTICIPATING  IN  THE  PROVISION  OF CORRECTIONS-BASED
 SUBSTANCE USE DISORDER TREATMENT AND TRANSITION SERVICES, INCLUDING  BUT
 NOT  LIMITED  TO  MEDICATION  ASSISTANT  TREATMENT,  PURSUANT TO SECTION
 19.18-C OF THE MENTAL HYGIENE LAW,  SHALL  NOT  BE  UNREASONABLY  DENIED
 ENTRY  INTO  CORRECTIONAL FACILITIES BASED ON SUCH ADVOCATES' HISTORY OF
 PRIOR INCARCERATION.
   § 2. 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.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14630-01-4

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