BILL NUMBER: S302
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the correction law, in relation to educational leave for
eligible incarcerated individuals
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 7 of section 851 of the correction law,
to provide that, with respect to temporary educational release, "eligi-
ble incarcerated individual" shall include an incarcerated individual
who is within two years of eligibility for work release.
Section 2 provides the effective date.
 
JUSTIFICATION:
Under current New York State Law, eligible individuals have to be within
two years of release eligibility to qualify for temporary educational
release. This legislation would allow certain incarcerated individuals,
who will otherwise be eligible for work release, the opportunity to be
eligible for educational release up to four years from their potential
release dates.
Research has shown that reduced rates of recidivism, increased employ-
ment opportunities, and reduced disciplinary infractions while incarcer-
ated, are among the benefits of educational programs. Those who partic-
ipate in prison education programs are significantly less likely to be
re-incarcerated in the years following their release than individuals
who do not.' This legislation would allow more individuals to become
eligible to participate in educational and vocational training programs
by expanding release eligibility opportunities.
 
SOCIAL AND RACIAL JUSTICE IMPACT:
This legislation will have a direct impact on reducing rates of incar-
ceration and increasing educational and job opportunities for individ-
uals who have been incarcerated. This will strengthen communities,
assist families, and increase public safety. As rates of incarceration
in New York are significantly skewed along racial and economic lines -
with people of color and low income people incarcerated at rates signif-
icantly disproportionate to their population - passage of this legis-
lation will reduce these racial and economic disparities.
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2021: S7444 (Salazar) - Referred to Rules
2022 - Referred to Crime Victims, Crime & Correction, reported out,
advanced to Third Reading
ASSEMBLY:
2021: A7717 (Weprin) - Referred to Correction, reported out, referred to
Ways and Means
2022: Referred to Ways and Means
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined, though it is likely that by reducing rates of incar-
ceration and by increasing the availability of educational and job
opportunities, this legislation will save the State money (the cost of
incarceration) and will increase tax revenue.
 
EFFECTIVE DATE:
Immediately after becoming law.
1 https://sites.northwestem.edu/npep/benefits-of-prison-education/

Statutes affected:
S302: 851 correction law, 851(7) correction law