BILL NUMBER: S1806
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the correction law, in relation to prohibiting correc-
tional facilities from blocking entry to peer support advocates based on
such advocates' prior history of incarceration
 
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit correctional facilities from blocking entry of peer support
advocates based on a history of incarceration.
 
SUMMARY: OF PROVISION$:
Section 1 adds a new section to the correction law regarding permitted
entry by peer support advocates
Section 2 sets the effective date.
 
JUSTIFICATION:
The importance of access to peer advocates for the approximately 15% of
incarcerated individuals who have substance use disorders cannot be
understated. In 2021, a study showed that those with an opioid use
disorder who were formerly incarcerated had better health and behavioral
outcomes when placed in peer advocacy programs. The same model has been
applied to other fields in prisons for many years tackling issues such
as HIV/AIDS education, suicide prevention, and sexual assault. Studies
also show that recidivism rates decrease when people have access to
treatment in prison.
In 2021, New York State passed a law requiring addiction recovery
services, including peer support, in jails. However, the implementation
has been unequal and often inadequate; county jails create their own
policies regarding employment of peer advocates which are usually very
restrictive and limit the work of advocates. Some county jail policies
include a prohibition of hiring formerly incarcerated people, effec-
tively barring these peer advocates from doing their essential work.
This bill prohibits correctional facilities from barring admission of
peer advocates based solely on their previous criminal history. Having
a criminal history is what makes peer advocates relatable and trustwor-
thy among the people they are trying to help. It also gives them the
lived experience needed to help their clients navigate life after being
incarcerated, which is a critical juncture for many leaving prisons and
jails.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S8624A / A9961A
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.