Bill S1323-2013

Establishes the New York state justice reinvestment fund and program to provide not-for-profit and faith based entities with funding to improve certain communities; appropriation

Establishes the New York state justice reinvestment fund and program to provide not-for-profit and faith based entities with funding to improve communities with a higher than normal criminal offender and ex-offender population; appropriates $10,000,000 therefor.

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  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 9, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S1323

TITLE OF BILL: An act to amend the state finance law and the executive law, in relation to establishing the New York state justice reinvestment fund and the New York state justice reinvestment program; and making an appropriation therefor

PURPOSE: To establish a program and funding for not-for-profit agencies and faith based organizations to coordinate with state and local criminal justice agencies and community and family support programs to enhance reentry support for prisoners returning to affected communities.

SUMMARY OF PROVISIONS:

Section 1 amends the state finance law by adding a new section 99-v to establish a justice reinvestment fund in joint custody of the state comptroller and the commissioner of the division of criminal justice services. Provides for the distribution of such appropriated funds to qualified entities.

Section 2 amends the executive law by adding a new section 844-c to create a New York State Justice Reinvestment Program under the Commissioner of the Division of Criminal Justice Services. It provides that such program shall coordinate the efforts of state and local criminal justice agencies with those of not-for-profit and faith based organizations and family support programs to facilitate the reentry of inmates to communities. It further defines the duties and responsibilities of the Commissioner of the Division of Criminal Justice Services and qualified entities.

Section 3 appropriates the sum of ten million dollars to the New York State Justice Reinvestment Fund.

JUSTIFICATION: Criminal justice experts increasingly recognize the critical roles that community organizations, criminal justice agencies, families and family support agencies play in re-entry support for returning prisoners, alternatives to incarceration and recidivism. Escalating funding for the correctional system and incarceration may have a positive economic impact on those communities in which the facilities are located but little or no impact on crime and recidivism. This initiative is an inducement for state and local criminal justice agencies, courts, district attorneys, criminal defense offices, community and faith based organizations, families and family support agencies in communities where offenders and ex-offenders are concentrated to combine their efforts to reduce crime and recidivism.

LEGISLATIVE HISTORY: 2009-2010: S.1265 - Died in Committee 2007-2008: S.2018 - Died in Committee 2005-2006: S.1063 - Died in Committee 2004-2005: S.6516 - Died in Committee 2011-2012: S.104 - Died in Committee

FISCAL IMPLICATIONS: Ten million dollar appropriation.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1323 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. MONTGOMERY, DIAZ, DILAN, ESPAILLAT, HASSELL-THOMP- SON, PARKER, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law and the executive law, in relation to establishing the New York state justice reinvestment fund and the New York state justice reinvestment program; and making an appropri- ation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The state finance law is amended by adding a new section 99-v to read as follows: S 99-V. NEW YORK STATE JUSTICE REINVESTMENT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AN ACCOUNT TO BE KNOWN AS THE NEW YORK STATE JUSTICE REINVESTMENT FUND. 2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE OF SUCH FUND, ALL OTHER MONEYS CREDITED OR TRANSFERRED TO SUCH FUND PURSUANT TO LAW, ALL MONEYS REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW TO BE PAID INTO OR CREDITED TO SUCH FUND, AND ALL MONEYS RECEIVED BY THE FUND OR DONATED TO IT. 3. MONEYS OF SUCH FUND SHALL BE AVAILABLE FOR APPROPRIATION AND ALLO- CATION TO THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR PURPOSES OF DISTRIBUTING SUCH MONEYS TO QUALIFIED ENTITIES OF THE NEW YORK STATE JUSTICE REINVESTMENT PROGRAM PURSUANT TO SECTION EIGHT HUNDRED FORTY-FOUR-C OF THE EXECUTIVE LAW. 4. MONEYS SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE COMP- TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF CRIMI- NAL JUSTICE SERVICES. S 2. The executive law is amended by adding a new section 844-c to read as follows:
S 844-C. NEW YORK STATE JUSTICE REINVESTMENT PROGRAM. 1. CREATION AND PURPOSES. THE COMMISSIONER SHALL ESTABLISH WITHIN THE DIVISION A NEW YORK STATE JUSTICE REINVESTMENT PROGRAM. THE PURPOSE OF THE PROGRAM IS TO HAVE STATE AND LOCAL CRIMINAL JUSTICE AGENCIES, AND AS PART OF A LARGER EFFORT INCLUDING COURTS, DISTRICT ATTORNEYS AND CRIMINAL DEFENSE OFFICES, TO WORK IN PARTNERSHIP WITH NOT-FOR-PROFIT ORGANIZATIONS AND FAITH-BASED ORGANIZATIONS IN THE COMMUNITY ON ISSUES SUCH AS INMATE RE-ENTRY INTO THE COMMUNITY, INCARCERATION ALTERNATIVES, FAMILY SUPPORT PROGRAMS FOR OFFENDERS AND EX-OFFENDERS, AS WELL AS OTHER ISSUES RELATED TO IMPROVING THE ROLE OF THE CRIMINAL JUSTICE SYSTEM IN OUR COMMUNITIES. 2. QUALIFIED ENTITY. (A) A QUALIFIED ENTITY SHALL BE EITHER A NOT-FOR-PROFIT ORGANIZATION OR FAITH-BASED ORGANIZATION PROVIDING ONE OR MORE OF THE FOLLOWING SERVICES: (I) RE-ENTRY SUPPORT FOR INMATES RETURNING TO THE COMMUNITY, INCLUD- ING, BUT NOT LIMITED TO JOB DEVELOPMENT AND HOUSING ASSISTANCE; (II) INCARCERATION ALTERNATIVES, INCLUDING, BUT NOT LIMITED TO COMMU- NITY SERVICE PROGRAMS, COMMUNITY YOUTH COURT, ALTERNATIVE HIGH SCHOOLS, SERVICE-ENRICHED SUPPORTIVE HOUSING AND COMMUNITY BASED DRUG TREATMENT PROGRAMS; (III) FAMILY SUPPORT, INCLUDING, BUT NOT LIMITED TO FATHERHOOD/PARENTING PROGRAMS, FOR OFFENDERS AND EX-OFFENDERS; AND (IV) COMMUNITY BASED COLLABORATIVE PROGRAMS WITH CRIMINAL JUSTICE AGENCIES. (B) A QUALIFIED ENTITY SHALL BE LOCATED IN COMMUNITIES WHICH HAVE A HIGHER THAN NORMAL CONCENTRATION OF OFFENDERS AND EX-OFFENDERS, AS DETERMINED BY THE COMMISSIONER. (C) A QUALIFIED ENTITY'S SERVICES SHALL HAVE A PRIMARY EMPHASIS ON COMMUNITIES WHICH HAVE A HIGHER THAN NORMAL CONCENTRATION OF OFFENDERS AND EX-OFFENDERS, AS DETERMINED BY THE COMMISSIONER. (D) A QUALIFIED ENTITY SHALL SUBMIT A STRATEGIC PLAN TO THE COMMIS- SIONER DETAILING HOW THE APPLICANT'S PROGRAM WILL REDUCE CRIME AND RECI- DIVISM IN COMMUNITIES WITH A HIGHER THAN NORMAL CONCENTRATION OF OFFEN- DERS AND EX-OFFENDERS, AS DETERMINED BY THE COMMISSIONER. 3. APPLICATION. ANY QUALIFIED ENTITY SEEKING FUNDS FROM THE DIVISION SHALL FILE AN APPLICATION, AS DETERMINED BY THE COMMISSIONER. ALL FUNDS AUTHORIZED PURSUANT TO THIS SUBDIVISION SHALL BE PAID FROM THE NEW YORK STATE JUSTICE REINVESTMENT FUND IN ACCORDANCE WITH SECTION NINETY-NINE-U OF THE STATE FINANCE LAW. 4. RESPONSIBILITIES OF THE COMMISSIONER. (A) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE APPLICATION OF GRANT MONEY FROM THE NEW YORK STATE JUSTICE REINVESTMENT FUND. (B) THE COMMISSIONER SHALL DESIGNATE QUALIFIED ENTITIES BASED ON THE APPLICATION CRITERIA ESTABLISHED BY THIS SECTION AND ADDITIONAL CRITERIA AS DETERMINED BY THE COMMISSIONER. S 3. The sum of ten million dollars ($10,000,000), or so much thereof as may be necessary, is hereby appropriated to the New York state justice reinvestment fund from the general fund, for administration of grants to qualified entities selected by the division of criminal justice services. S 4. This act shall take effect immediately.

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