NY State Senate Bill S302

Current Bill Status - On Floor Calendar

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Signed/Vetoed by Governor

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2023	advanced to third reading
Feb 01, 2023	2nd report cal.
Jan 31, 2023	1st report cal.262
Jan 04, 2023	referred to crime victims, crime and correction

Votes

view votes

Jan 31, 2023 - Crime Victims, Crime and Correction committee Vote

S302

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Jan 31, 2023

aye (5)

nay (1)

Gallivan

aye wr (1)

Rolison

S302 (ACTIVE) - Details

Law Section:: Correction Law
Laws Affected:: Amd §851, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S7444

S302 (ACTIVE) - Summary

Provides that for the purposes of educational leave, an eligible incarcerated individual shall include an incarcerated individual who is within two years of being an eligible incarcerated individual.

S302 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S302

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to educational leave for
eligible incarcerated individuals

 
SUMMARY OF PROVISIONS:

  Section  1  amends subdivision 7 of section 851 of the correction law,
to provide that, with respect to temporary educational release,  "eligi-
ble  incarcerated  individual"  shall include an incarcerated individual
who is within two years of eligibility for work release.

  Section 2 provides the effective date.

 
JUSTIFICATION:

Under current New York State Law, eligible individuals have to be within
two years of release eligibility to qualify  for  temporary  educational
release.  This legislation would allow certain incarcerated individuals,

who will otherwise be eligible for work release, the opportunity  to  be
eligible  for  educational release up to four years from their potential
release dates.

Research has shown that reduced rates of recidivism,  increased  employ-
ment opportunities, and reduced disciplinary infractions while incarcer-
ated,  are among the benefits of educational programs. Those who partic-
ipate in prison education programs are significantly less likely  to  be
re-incarcerated  in  the  years following their release than individuals
who do not.' This legislation would allow  more  individuals  to  become
eligible  to participate in educational and vocational training programs
by expanding release eligibility opportunities.

 
SOCIAL AND RACIAL JUSTICE IMPACT:

This legislation will have a direct impact on reducing rates  of  incar-
ceration  and  increasing educational and job opportunities for individ-
uals who have  been  incarcerated.  This  will  strengthen  communities,
assist  families,  and increase public safety. As rates of incarceration
in New York are significantly skewed along racial and economic  lines  -
with people of color and low income people incarcerated at rates signif-
icantly  disproportionate  to  their population - passage of this legis-
lation will reduce these racial and economic disparities.

 
PRIOR LEGISLATIVE HISTORY:

SENATE:

2021: S7444 (Salazar) - Referred to Rules

2022 - Referred to Crime Victims,  Crime  &  Correction,  reported  out,
advanced to Third Reading

ASSEMBLY:

2021: A7717 (Weprin) - Referred to Correction, reported out, referred to
Ways and Means
2022: Referred to Ways and Means

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To  be  determined, though it is likely that by reducing rates of incar-
ceration and by increasing  the  availability  of  educational  and  job
opportunities,  this  legislation will save the State money (the cost of
incarceration) and will increase tax revenue.

 
EFFECTIVE DATE:
Immediately after becoming law.
1 https://sites.northwestem.edu/npep/benefits-of-prison-education/

S302 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    302
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 educational leave for
   eligible incarcerated individuals

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 7 of section 851 of  the  correction  law,  as
 amended  by  chapter  322  of  the  laws  of 2021, is amended to read as
 follows:
   7. "Educational leave" means a privilege granted to an eligible incar-
 cerated individual to leave the premises of an institution for a  period
 not  exceeding fourteen hours in any day for the purpose of education or
 vocational training, or for any matter necessary to the  furtherance  of
 any  such  purposes.  FOR PURPOSES OF THIS SUBDIVISION, AS APPLIED UNDER
 THIS CHAPTER, AN  ELIGIBLE  INCARCERATED  INDIVIDUAL  SHALL  INCLUDE  AN
 INCARCERATED  INDIVIDUAL  WHO  IS  WITHIN TWO YEARS OF BEING AN ELIGIBLE
 INCARCERATED INDIVIDUAL.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that the amendments to subdivision
 7  of  section 851 of the correction law made by section one of this act
 shall not affect the expiration of such section and shall be  deemed  to
 expire therewith.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00639-01-3

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The New York State Senate

senate Bill S302

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 31, 2023 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: Jan 31, 2023

S302 (ACTIVE) - Details

S302 (ACTIVE) - Summary

S302 (ACTIVE) - Sponsor Memo

S302 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S302

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Sponsored By

Julia Salazar

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 31, 2023 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: Jan 31, 2023

S302 (ACTIVE) - Details

S302 (ACTIVE) - Summary

S302 (ACTIVE) - Sponsor Memo

S302 (ACTIVE) - Bill Text download pdf

Comments