Senate Bill S5035

                                 
BILL NUMBER: S5035

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law, in relation to the department of
corrections and community supervision's role with respect to discharge
planning to assist incarcerated individuals in obtaining housing before
release to community supervision

 
PURPOSE:

The Department of Corrections shall assist inmates in obtaining housing
prior to release from a correctional institution.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 201 (5) of the correction law in
relation to the Department of Corrections and Community Supervision's
role with respect to discharge planning to assist inmates to obtain
housing before release from a state correctional facility. The bill
requires that for every discharge in which the Department of Corrections
              

and Community Supervision releases an inmate to temporary shelter regu-
lated pursuant to title 18 parts 491 and 900 of New York State Codes,
Rules, and Regulation, the department must (a) reimburse the Local
Social Services District for the cost of providing temporary shelter,
(b) provide a report to the Local Social Service District thirty days
prior to discharge, including a description of all discharge planning
undertaken for the individual in mate, and (c) once every thirty days
until the inmate is no longer subject to parole, provide a report to the
Local Social Services District detailing all continuing assistance that
the Department has provided to the inmate to obtain permanent housing
that does not violate the terms of the inmate's parole.

Section 2 provides for the law to take effect immediately.

 
JUSTIFICATION:

Individuals face a multitude of challenges upon discharge from correc-
tional facilities. Chief among them is relocating to an affordable,
permanent home and re-acclimating to living independently in the commu-
nity. The New York State Department of Correction and Community Super-
vision (DOCCS) has a legal and moral responsibility to implement poli-
cies that ensure formerly incarcerated individuals are able to
successfully reintegrate into society and to mitigate obstacles that may
lead to re-incarceration. This bill will help achieve these goals by
addressing the current DOCCS practice of discharging parolees to shelter
without adequate pre- and post-discharge assistance to secure independ-
ent housing in the community and shifting costs to Local Social Services
Districts (LSSD). The bill calls for regular reporting on all of DOCCS
efforts to assist parolees to obtain permanent housing. Far too often,
inmates are released to temporary shelter in the absence of appropriate
pre-discharge planning to avert shelter entry and then DOCCS does not
provide appropriate follow up assistance to relocate parolees from shel-
ter to housing in the community. Consequently, the responsibility of
assisting the individual in locating permanent housing is left to the
LSSDs, instead of with DOCCS where it belongs.


In 2016, nearly 21,000 inmates were released to community supervision
from New York State correctional facilities, many of whom were sent to
New York City. A significant number of formerly incarcerated individuals
are discharged into the local shelter system directly from state correc-
tional facility. This does little to support the parolee or lower reci-
divism rates, and it exacerbates the homelessness crisis in local commu-
nities across the State to which parolees are being discharged. The City
social services district has implemented a broad range of programs and
services aimed at lowering the shelter census and for the first time in
a decade the number of people in its shelter system has stabilized. The
current number of formerly incarcerated individuals entering shelter
comes at great cost to New York City and other localities, and under-
mines local efforts to control spending and reduce the number of people
in shelters. Research suggests that securing stable housing is a crit-
ical first step to successful re-entry. A 2004 study of over 40,000
individuals returning to New York City from state correctional facili-
ties reveals a strong correlation between shelter use and risk of reci-
divism. This bill addresses the relationship between housing instability
and recidivism and will give formerly incarcerated individuals the best
chance to achieve true independence.

 
LEGISLATIVE HISTORY:

S.3269 of 2023-2024; Committed to Rules;

S.2792 of 2021-22: Referred to Crime Victims, Crime and Correction

S.4843 of 2019-20: Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.