This bill has been amended

Bill S2204-2013

Authorizes the employment of state and local work release inmates by not-for-profit organizations and public service projects

Authorizes the employment of state and local work release inmates by not-for-profit organizations and public service projects; provides that inmates and prisoners may refuse to participate in employment by a not-for-profit organization when such employment is contrary to his or her religious or ideological beliefs.

Details

Actions

  • Feb 12, 2013: 1ST REPORT CAL.87
  • Jan 14, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Feb 12, 2013
Ayes (12): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Montgomery, Hoylman, Peralta, Rivera
Nays (1): Hassell-Thompson

Memo

BILL NUMBER:S2204

TITLE OF BILL: An act to amend the correction law, in relation to authorizing employment by not-for-profit organizations and public service projects under the work release program

PURPOSE: The purpose of this bill is to authorize the employment of state and local work release inmates by not-for-profit organizations and public service projects.

SUMMARY OF PROVISIONS:

Sections 851 and 870 of the Correction Law are amended by including in the definition of a "work release program" employment by a not-for-profit organization or a public service project. It is also provided that inmates may refuse to accept a particular assignment at a not-for-profit if there is a conflict with the inmate's religious or ideological beliefs with the organization.

JUSTIFICATION: The inmate work release program is utilized in prisons across the State of New York. This program is for prisoners who are nearing the completion of their sentence and meet specific eligibility requirements. This program serves as an effective mechanism for prisoners to provide labor to the community while giving the opportunity for supervised and gradual re-integration to society.

This legislation seeks to expand upon the current program by allowing inmates to provide labor to public service projects and not-for-profit organizations, which are vital to the community. Cemeteries, baseball fields, libraries, and parks are just a few examples of under-funded community facilities which require continuous maintenance and grounds-keeping. This legislation would increase community enhancement to these facilities for the taxpayers to benefit from.

LEGISLATIVE HISTORY: 2011, 2012: S.744-A Passed Senate 2009,2010: S.3409 Referred to Crime Victims, Crime and Correction 2007,2008: S.385/A.3294 Passed Senate 2006: S.7018 Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2204 2013-2014 Regular Sessions IN SENATE January 14, 2013 ___________
Introduced by Sens. YOUNG, GRISANTI, LARKIN, MAZIARZ, O'MARA, RANZENHOF- ER, SEWARD -- 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 authorizing employ- ment by not-for-profit organizations and public service projects under the work release program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 851 of the correction law, as amended by chapter 60 of the laws of 1994, is amended to read as follows: 3. "Work release program" means a program under which eligible inmates may be granted the privilege of leaving the premises of an institution for a period not exceeding fourteen hours in any day for the purpose of on-the-job training or employment, INCLUDING EMPLOYMENT BY A NOT-FOR-PROFIT ORGANIZATION OR A PUBLIC SERVICE PROJECT, or for any matter necessary to the furtherance of any such purposes. No person shall be released into a work release program unless prior to release such person has a reasonable assurance of a job training program or employment. If after release, such person ceases to be employed or ceas- es to participate in the training program, the inmate's privilege to participate in such work release program may be revoked in accordance with rules and regulations promulgated by the commissioner. S 2. Subdivision 3 of section 851 of the correction law, as added by chapter 472 of the laws of 1969, is amended to read as follows: 3. "Work release program" means a program under which eligible inmates may be granted the privilege of leaving the premises of an institution for the purpose of education, on-the-job training or employment, INCLUD- ING EMPLOYMENT BY A NOT-FOR-PROFIT ORGANIZATION OR A PUBLIC SERVICE PROJECT.
S 3. The opening paragraph of subdivision 9 of section 855 of the correction law is designated paragraph (a) and a new paragraph (b) is added to read as follows: (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, AN INMATE MAY REFUSE TO ACCEPT A PROGRAM OF TEMPORARY RELEASE WHICH IS A WORK RELEASE PROGRAM THAT INCLUDES EMPLOYMENT BY A NOT-FOR-PROFIT ORGANIZATION WHEN EMPLOYMENT BY SUCH ORGANIZATION IS CONTRARY TO THE INMATE'S RELIGIOUS OR IDEOLOGICAL BELIEFS. NO SUCH REFUSAL SHALL BE CONSIDERED IN ANY DETERMINATION OF SUCH INMATE'S RIGHT TO PARTICIPATE OR TO CONTINUE TO PARTICIPATE IN A TEMPORARY RELEASE PROGRAM. S 4. The opening paragraph of subdivision 6 of section 855 of the correction law is designated paragraph (a) and a new paragraph (b) is added to read as follows: (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, AN INMATE MAY REFUSE TO ACCEPT A WORK RELEASE PROGRAM WHICH INCLUDES EMPLOYMENT BY A NOT-FOR-PROFIT ORGANIZATION WHEN UNEMPLOYMENT BY SUCH ORGANIZATION IS CONTRARY TO THE INMATE'S RELIGIOUS OR IDEOLOG- ICAL BELIEFS. NO SUCH REFUSAL SHALL BE CONSIDERED IN ANY DETERMINATION OF SUCH INMATE'S RIGHT TO PARTICIPATE OR TO CONTINUE TO PARTICIPATE IN A WORK RELEASE PROGRAM. S 5. Section 870 of the correction law, as amended by chapter 71 of the laws of 1976, is amended to read as follows: S 870. Establishment of program. The sheriff, upon approval of the legislative body of the county, may establish a work release program pursuant to which prisoners, sentenced to and confined in any county jail under his jurisdiction, may be granted the privilege of leaving confinement for the purpose of working at gainful employment (INCLUDING EMPLOYMENT BY A NOT-FOR-PROFIT ORGANIZATION OR A PUBLIC SERVICE PROJECT), participating in a privately or publicly sponsored program of vocational training, with or without compensation, or attending an educational institution. The work release program may also include the release from confinement during necessary and reasonable hours for the purpose of caring for the prisoner's family. S 6. Section 871 of the correction law is amended by adding a new subdivision (e) to read as follows: (E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A PRISONER MAY REFUSE TO ACCEPT A WORK RELEASE PROGRAM WHICH INCLUDES EMPLOYMENT BY A NOT-FOR-PROFIT ORGANIZATION WHEN EMPLOYMENT BY SUCH ORGANIZATION IS CONTRARY TO THE PRISONER'S RELIGIOUS OR IDEOLOGICAL BELIEFS. NO SUCH REFUSAL SHALL BE CONSIDERED IN ANY DETERMINATION OF SUCH PRISONER'S RIGHT TO PARTICIPATE OR TO CONTINUE TO PARTICIPATE IN A WORK RELEASE PROGRAM. S 7. This act shall take effect immediately; provided that the amend- ments to subdivision 3 of section 851 of the correction law, made by section one of this act, shall not affect the expiration and reversion of such section pursuant to chapter 339 of the laws of 1972, as amended, and shall expire therewith, when upon such date section two of this act shall take effect; and provided, further, that the amendments to section 855 of the correction law, made by section three of this act, shall not affect the expiration and reversion of such section pursuant to chapter 339 of the laws of 1972, as amended, and shall expire therewith, when upon such date section four of this act shall take effect.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus