Provides inmates the opportunity to obtain a general equivalency diploma; instructs the department of corrections to ensure that academic education programs provide the appropriate curriculum and certified academic staff for GED instruction.

---

S107A-2011 Actions

• Mar 7, 2012: DEFEATED IN CRIME VICTIMS, CRIME AND CORRECTION
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Dec 21, 2011: PRINT NUMBER 107A
• Dec 21, 2011: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
• Mar 29, 2011: DEFEATED IN CRIME VICTIMS, CRIME AND CORRECTION
• Feb 28, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S107A-2011 Meetings

Crime Victims, Crime and Correction: Mar 7, 2012

S107A-2011 Votes

S107A-2011 Memo

BILL NUMBER:S107A

TITLE OF BILL:
An act
to amend the correction law, in relation to providing inmates
with the opportunity to obtain a
general equivalency diploma

PURPOSE:
This legislation requires the Department of Correctional Services to
establish academic programs to prepare inmates to complete the
General Equivalency Diploma (GED) and provides inmates with an
opportunity to complete a GED prior to release on parole, conditional
release, post release supervision or presumptive release.

SUMMARY OF PROVISIONS:
Section two of the bill provides all inmates serving a determinate
term of imprisonment or an indeterminate sentence with the
opportunity to complete a GED.

Section three of the bill requires the Department of Correctional
Services to ensure that all inmates are afforded a reasonable
opportunity to do so by providing academic instruction at appropriate
Department facilities.

Section four provides for an effective date three years after enactment.

JUSTIFICATION:
Each year, the Department of Correctional Services releases 26,000
former inmates back to the community. The success of these
individuals stands to benefit our entire community while their
failure will only cause further victimization and feed the revolving
door of incarceration, costing the state many millions of dollars.
Education programs have been shown to reduce recidivism by up to 40%.
Similarly, employment is a major factor in reducing recidivism and
obtaining a GED greatly increases the chances that a former inmate
will be able to find gainful employment. This bill will ensure that
inmates will have an opportunity to obtain a GED thereby helping to
reduce recidivism and better prepare inmates for successful
reintegration into the community.

LEGISLATIVE HISTORY:
2009-2010: S.4793 - Passed Crime Victims, Crime and Correction Committee

FISCAL IMPLICATIONS:
Estimated cost of implementation is minimal because this bill codifies
existing DOCS directives that inmates have an opportunity to obtain a
GED.

EFFECTIVE DATE:
This act shall take effect three years after it shall have become a
law; provided, however, that 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 and
directed to be made and completed on or before such effective date.

S107A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   107--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sens.  MONTGOMERY,  HASSELL-THOMPSON  --  read twice and
    ordered printed, and when printed to be committed to the Committee  on
    Crime  Victims,  Crime  and  Correction  -- committee discharged, bill
    amended, ordered reprinted as amended and recommitted to said  commit-
    tee

  AN  ACT  to  amend  the correction law, in relation to providing inmates
    with the opportunity to obtain a general equivalency diploma

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 136 of the correction law, as amended by chapter 98
  of the laws of 2007, is amended to read as follows:

    S 136. Correctional education. 1. The objective of correctional educa-
  tion  in  its  broadest sense should be the socialization of the inmates
  through varied impressional and expressional activities,  with  emphasis
  on  individual  inmate needs. The objective of this program shall be the
  return of these inmates to society with a more wholesome attitude toward
  living, with a desire to conduct themselves as good citizens,  and  with
  the  skill  and  knowledge  which  will give them a reasonable chance to
  maintain themselves and their dependents through honest labor.  To  this
  end  each  inmate  shall  be  given a program of education which, on the
  basis of available data, seems most likely to  further  the  process  of
  socialization  and  rehabilitation.  Provided that, the commissioner, in
  consultation with the commissioner of education, shall develop a curric-
  ula for and require provision of an education program to all inmates, on
  a periodic basis, on the consequences  and  prevention  of  shaken  baby
  syndrome  which may include the viewing of a video presentation thereon.
  The time daily devoted to such education shall be such  as  is  required
  for  meeting the above objectives. The director of education, subject to
  the direction of  the  commissioner  and  after  consultation  with  the
  commissioner of education, shall develop the curricula and the education

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01524-03-1

 S. 107--A                           2

  programs that are required to meet the special needs of each correction-
  al facility in the department. The commissioner of education, in [co-op-
  eration]  COOPERATION  with  the commissioner and the director of educa-
  tion, shall set up the educational requirements for the certification of
  teachers  in all such correctional facilities. Such educational require-
  ments shall be sufficiently broad and comprehensive to include  training
  in  penology, sociology, psychology, philosophy, in the special subjects
  to be taught, and in any other professional courses  as  may  be  deemed
  necessary by the responsible officers, and shall include training relat-
  ing to the consequences and prevention of shaken baby syndrome which may
  include the viewing of a video presentation thereon. No certificates for
  teaching  service  in  the  state  institutions shall be issued unless a
  minimum of four years of  training  beyond  the  high  school  has  been
  secured,  or  an  acceptable  equivalent.  Existing requirements for the
  certification of teachers in the institutions shall  continue  in  force
  until changed pursuant to the provisions of this section.
    2.  ALL  INMATES ADMITTED TO THE DEPARTMENT SERVING A DETERMINATE TERM
  OF IMPRISONMENT, OR AN INDETERMINATE SENTENCE OF IMPRISONMENT OTHER THAN
  A SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE, WHO HAVE BEEN  EVALUATED
  UPON  ADMISSION PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED THIR-
  TY-SEVEN OF THIS ARTICLE AND ARE DETERMINED TO BE CAPABLE OF SUCCESSFUL-
  LY COMPLETING THE ACADEMIC COURSE WORK REQUIRED FOR A GENERAL EQUIVALEN-
  CY DIPLOMA, SHALL BE PROVIDED WITH  THE  OPPORTUNITY  TO  COMPLETE  SUCH
  COURSE  WORK  AT LEAST TWO MONTHS PRIOR TO THE DATE ON WHICH SUCH INMATE
  MAY BE PAROLED, CONDITIONALLY RELEASED, RELEASED TO POST RELEASE  SUPER-
  VISION  PURSUANT  TO  SECTION  70.40  OF THE PENAL LAW, OR PRESUMPTIVELY
  RELEASED, PURSUANT TO SECTION EIGHT HUNDRED THREE OF THIS CHAPTER.  UPON
  ADMISSION  TO THE DEPARTMENT, SUCH INMATES WILL BE PROVIDED WITH WRITTEN
  NOTICE THAT GENERAL EQUIVALENCY PROGRAMS ARE AVAILABLE FOR  ALL  INMATES
  WHO SO APPLY.
    3.  THE DEPARTMENT SHALL ENSURE THAT ACADEMIC EDUCATION PROGRAMS WHICH
  PROVIDE THE APPROPRIATE CURRICULUM  AND  CERTIFIED  ACADEMIC  STAFF  FOR
  GENERAL EQUIVALENCY DIPLOMA INSTRUCTION ARE AVAILABLE AT ALL CORRECTION-
  AL  FACILITIES HOUSING INMATES WHO ARE ELIGIBLE AS SPECIFIED IN SUBDIVI-
  SION TWO OF THIS SECTION.  THE DEPARTMENT SHALL PROVIDE  ACADEMIC  STAFF
  WHO ARE QUALIFIED TO PROVIDE SUCH INSTRUCTION AND WHO ARE MEMBERS OF THE
  COMPETITIVE CLASS OF THE CIVIL SERVICE OF NEW YORK STATE. THE DEPARTMENT
  SHALL  PROVIDE  SUFFICIENT  STAFF  AT  EACH  CORRECTIONAL FACILITY WHERE
  ELIGIBLE INMATES ARE CONFINED TO ENSURE  A  CLASSROOM  RATIO  OF  TWENTY
  INMATES FOR EACH GENERAL EQUIVALENCY DIPLOMA INSTRUCTOR.  THE DEPARTMENT
  SHALL  DEVELOP  A  PLAN  FOR  IMPLEMENTATION  OF THE GENERAL EQUIVALENCY
  DIPLOMA REQUIREMENT WHICH SHALL BE PRESENTED TO  THE  ASSEMBLY  STANDING
  COMMITTEE  ON  CORRECTION  AND  THE  SENATE  STANDING COMMITTEE ON CRIME
  VICTIMS, CRIME AND CORRECTION ON OR BEFORE  APRIL  FIRST,  TWO  THOUSAND
  FOURTEEN.
    S 2. This act shall take effect three years after it shall have become
  a  law;  provided,  however,  that  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 and
  directed to be made and completed on or before such effective date.