NY State Senate Bill 2019-S804

Senate Bill S804

2019-2020 Legislative Session

Authorizes the commissioner of corrections and community supervision to develop programs in correctional facilities to prevent the spread of sexually transmitted diseases

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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
Jan 08, 2020	referred to crime victims, crime and correction
Jan 09, 2019	referred to crime victims, crime and correction

co-Sponsors

2019-S804 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §141-a, Cor L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3566
2015-2016: S1017
2017-2018: S4441

2019-S804 (ACTIVE) - Summary

Authorizes the commissioner of corrections and community supervision, in consultation with the commissioner of health, to develop and implement programs in every correctional facility to prevent the spread of hepatitis C, sexually transmitted diseases and HIV among correctional employees and incarcerated persons.

2019-S804 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S804

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to amend the correction law, in relation to authorizing the
commissioner of corrections and community supervision to develop
programs in correctional facilities to prevent the spread of sexually
transmitted diseases

 
PURPOSE:

To prevent the spread of Hepatitis C, sexually transmitted diseases and
HIV through education, counseling and other prevention efforts.

 
SUMMARY OF PROVISIONS:

Directs the Commissioner of the Department of Corrections and Community
Supervision and the Commissioner of Health to develop and implement
education, counseling and other prevention efforts, including the
distribution of prophylactic devices, in every correctional facility to

prevent the spread of Hepatitis C, sexually transmitted diseases and
human immunodeficiency virus (HIV) infection. The prevention program
would be available to department employees and incarcerated individuals.
The program would include peer education and use of non-departmental
personnel, including community-based providers. The bill also allows
eligible incarcerated persons to be trained to work as peer educators in
the program, and receive official certification upon completion of their
training.

 
JUSTIFICATION:

In New York State there are more than 85,000 people jailed in city,
county, and state correctional facilities. Of the 51,500 persons incar-
cerated in the 54 New York State prisons, 3,500 prisoners are estimated
to be HIV positive and 7,300 infected with hepatitis C. By developing
and implementing education and outreach programs and making prophylactic
devices available, the Department of Corrections and Community Super-
vision (DOCCS) can help stop the spread of HIV and other sexually trans-
mitted diseases to other incarcerated individuals and employees.

 
LEGISLATIVE HISTORY:

2013-2014: S.3566-A - Died in Committee

 
FISCAL IMPLICATIONS:

This might entail minor costs for the dissemination of information,
training, and prophylactic devices. However, this would be more than
made up for by reduced health care costs.

 
EFFECTIVE DATE:
Immediately.

2019-S804 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    804
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- 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 the
   commissioner of  corrections  and  community  supervision  to  develop
   programs  in correctional facilities to prevent the spread of sexually
   transmitted diseases
 
   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 141-a
 to read as follows:
   §  141-A.  SEXUALLY  TRANSMITTED DISEASES AND HIV; PREVENTION. 1.  THE
 COMMISSIONER, TOGETHER WITH THE COMMISSIONER OF  HEALTH,  SHALL  DEVELOP
 AND  IMPLEMENT  PROGRAMS  IN  EVERY CORRECTIONAL FACILITY TO PREVENT THE
 SPREAD OF HEPATITIS C, SEXUALLY TRANSMITTED DISEASES AND HUMAN IMMUNODE-
 FICIENCY VIRUS INFECTION,  FOR  DEPARTMENT  EMPLOYEES  AND  INCARCERATED
 INDIVIDUALS,  INCLUDING  EDUCATION,  GROUP  AND  INDIVIDUAL  COUNSELING,
 OUTREACH TO THE INCARCERATED POPULATION, HARM REDUCTION, DISCHARGE PLAN-
 NING, OFFERING TESTING, AND AVAILABILITY OF PROPHYLACTIC DEVICES.    THE
 PROGRAM  MAY  PROVIDE  FOR TRAINING INCARCERATED PERSONS TO WORK AS PEER
 EDUCATORS IN THE PROGRAM.
   2. THESE PROGRAMS SHALL BE OFFERED IN SUCH MANNER AND AT SUCH TIME  AS
 TO  ENCOURAGE  ATTENDANCE  BY  ALL DEPARTMENT EMPLOYEES AND INCARCERATED
 PERSONS. PROGRAMMING AS REQUIRED BY  SUBDIVISION  ONE  OF  THIS  SECTION
 SHALL  INCLUDE  INCORPORATION  INTO  OTHER  CONTENT-NEUTRAL  PROGRAMS TO
 ENSURE THAT ATTENDANCE IS NOT STIGMATIZED OR STIGMATIZING.
   3. IN DEVELOPING PROGRAMS FOR THE PREVENTION OF HEPATITIS C,  SEXUALLY
 TRANSMITTED  DISEASES  AND  HUMAN  IMMUNODEFICIENCY VIRUS INFECTION, THE
 COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF HEALTH  TO  IDENTIFY
 AND  SELECT CURRICULA THAT ARE LIKELY TO BE EFFECTIVE IN REDUCING TRANS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03063-01-9

 S. 804                              2
 
 MISSION OF INFECTIOUS DISEASES WITHIN  CORRECTIONAL  FACILITIES  AND  TO
 CONTACTS OF FORMERLY INCARCERATED PERSONS UPON THEIR RELEASE.
   4.  THE  PROGRAMS  REQUIRED  BY SUBDIVISION ONE OF THIS SECTION SHOULD
 INCLUDE PEER EDUCATION AND USE  OF  NON-DEPARTMENT  PERSONNEL  INCLUDING
 COMMUNITY  PROVIDERS, AND SHALL BE IN THE LANGUAGE OF THE TARGETED POPU-
 LATION, SHALL TAKE INTO ACCOUNT THE LITERACY LEVEL OF THE TARGETED POPU-
 LATION, AND SHALL BE CULTURALLY SENSITIVE TO  THE  SOCIAL  AND  CULTURAL
 NEEDS OF THE TARGETED POPULATION.
   5. IN ORDER TO DEVELOP A COHORT OF SKILLED TRAINERS, THE COMMISSIONER,
 TOGETHER  WITH THE COMMISSIONER OF HEALTH, SHALL DEVELOP AND IMPLEMENT A
 PEER EDUCATOR TRAINING PROGRAM.  COMPLETION OF A PEER EDUCATOR  TRAINING
 PROGRAM  UNDER THIS SECTION SHALL PERMIT A PARTICIPANT TO RECEIVE A PEER
 EDUCATION CERTIFICATION.
   § 2. This act shall take effect immediately.

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Senate Bill S804

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Sponsored By

Velmanette Montgomery