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/