NY State Senate Bill 2017-S560

Senate Bill S560

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2017	recommit, enacting clause stricken
Jan 04, 2017	referred to crime victims, crime and correction

co-Sponsors

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2017-S560 (ACTIVE) - Details

Law Section:: Correction Law
Laws Affected:: Amd §§851, 855, 853, 870 & 871, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3409
2011-2012: S744
2013-2014: S2204
2015-2016: S3056

2017-S560 (ACTIVE) - Summary

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.

2017-S560 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S560

 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 :

Section 1: Amends subdivision 3 of section 851 of the Correction Law.

Section 2: Amends subdivision 3 of section 851 of the Correction Law.

Section 3: Adds a new paragraph (b) to subdivision 9 of section 855 of
the Correction Law.

Section 4: Adds a new paragraph (b) to subdivision 6 of section 853 of
the Correction Law.

Section 5: Amends section 870 of the Correction Law.

Section 6: Amends section 871 of the Correction Law by adding
subdivision (e)

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 reintegration 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 :

2015,2016: S.3056 Referred to Crime Victims, Crime and Correction
2013,2014: S.2204A Passed Senate
2011,2012: S.744A 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.

2017-S560 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    560
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. YOUNG, GALLIVAN, LARKIN, MARCHIONE, O'MARA, RANZEN-
   HOFER -- 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 ceases to partic-
 ipate 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.
   § 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05884-01-7

 S. 560                              2
 
   §  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.
   § 4. The opening paragraph of subdivision 6  of  section  853  of  the
 correction  law,  as added by chapter 472 of the laws of 1969, is desig-
 nated 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.
   §  5.  Section  870 of the correction law, as amended by chapter 71 of
 the laws of 1976, is amended to read as follows:
   § 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.
   § 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.
   § 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.

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Senate Bill S560

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Sponsored By

Catharine Young

Archive: Last Bill Status - Stricken

co-Sponsors

Patrick M. Gallivan

William Larkin

Kathleen A. Marchione

Thomas F. O'Mara

2017-S560 (ACTIVE) - Details

2017-S560 (ACTIVE) - Summary

2017-S560 (ACTIVE) - Sponsor Memo

2017-S560 (ACTIVE) - Bill Text download pdf

Comments