BILL NUMBER: S319
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, "eligible
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 must 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.
Much research has shown that reduced rates of recidivism, increased
employment opportunities, and reduced disciplinary infractions while
incarcerated, are among the benefits of educational programs. Those who
participate in education programs while in prison 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, in turn, will strengthen communi-
ties, assist families, and increase community 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 significantly disproportionate to their population - passage of
this legislation will reduce these racial and economic disparities.
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2024: S302 (Salazar) - Referred to Crime Victims, Crime & Correction,
Passed Senate.
2023: S302 (Salazar) - Referred to Crime Victims, Crime & Correction,
Passed Senate.
2022: S7444 (Salazar) - Referred to Crime Victims, Crime & Correction,
reported out, advanced to Third Reading
2021: S7444 (Salazar) - Referred to Rules
ASSEMBLY:
2023-2024: No Same As
2022: A7717 (Weprin) - Referred to Ways and Means
2021: A7717 (Weprin) - Referred to Correction, reported out, 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.

Statutes affected:
S319: 851 correction law, 851(7) correction law