S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2205
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. RICHARDSON, SIMON, HYNDMAN, BICHOTTE -- read once
   and referred to the Committee on Correction
 
 AN ACT to amend the correction law, in relation to commencing a study on
   the  relationship between the corrections system and the child welfare
   system

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new section 30 to
 read as follows:
   §  30. INMATE STUDY. 1. THE COMMISSIONER SHALL CONDUCT A COMPREHENSIVE
 STUDY ON INMATES' PRIOR INVOLVEMENT  WITH  CHILD  WELFARE  AND  JUVENILE
 SYSTEMS, INCLUDING BUT NOT LIMITED TO:
   (A)  PREVIOUS PLACEMENT IN OUT-OF-HOME CARE, SPECIFYING TYPE OF PLACE-
 MENT: FOSTER CARE, KINSHIP FOSTER  CARE,  SECURE  DETENTION  FACILITIES,
 NON-SECURE  DETENTION  FACILITIES, GROUP HOMES OR OTHER AUTHORIZED AGEN-
 CIES OR FACILITIES OPERATED OR LICENSED BY THE OFFICE  OF  CHILDREN  AND
 FAMILY SERVICES;
   (B) THE APPROXIMATE LENGTH OF SUCH PERIOD OF PLACEMENT;
   (C) THE AGE OF THE INMATE DURING SUCH PERIOD OF PLACEMENT;
   (D) THE ETHNIC BACKGROUND OF THE INMATE; AND
   (E) THE INMATE'S GENDER.
   2.  AS  PART  OF  THE  STUDY THE COMMISSIONER SHALL CONDUCT SURVEYS ON
 CURRENT INMATES IN STATE, COUNTY, AND MUNICIPAL CORRECTIONAL FACILITIES.
 THE SURVEY SHALL BE BASED ON A RANDOM  SAMPLE  OR  OTHER  SCIENTIFICALLY
 APPROPRIATE  SAMPLE  OF  NOT LESS THAN TEN PERCENT OF ALL STATE, COUNTY,
 AND MUNICIPAL CORRECTIONAL FACILITIES.
   3. THE COMMISSIONER SHALL ENSURE THE CONFIDENTIALITY  OF  EACH  SURVEY
 PARTICIPANT  BY USING SELF-ADMINISTERED QUESTIONNAIRES AND OTHER SIMILAR
 SURVEY METHODS, WHICH WILL ENSURE THE RESPONDENT'S ANONYMITY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04442-01-9

              

 A. 2205                             2
 
   4. AN INMATE SHALL BE DEEMED TO HAVE GIVEN HIS OR HER INFORMED CONSENT
 ONLY IF HE OR SHE IS INFORMED IN WRITING  OF  THE  POTENTIAL  RISKS  AND
 BENEFITS OF THE STUDY.
   5.  THE  COMMISSIONER  SHALL MAKE A WRITTEN REPORT ON THE RELATIONSHIP
 BETWEEN THE CORRECTIONS SYSTEM AND  THE  CHILD  WELFARE  SYSTEM  TO  THE
 GOVERNOR,  TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY
 OF ITS FINDINGS, CONCLUSIONS AND RECOMMENDATIONS ON OR BEFORE JUNE THIR-
 TIETH OF THE YEAR NEXT SUCCEEDING THE YEAR  IN  WHICH  THIS  SUBDIVISION
 SHALL TAKE EFFECT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.