BILL NUMBER: S3974
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the correction law, in relation to failure to complete a
program for time allowances due to circumstances beyond an individual's
control
 
PURPOSE:
To waive the requirement that incarcerated individuals complete certain
programs if such failure to complete is due to circumstances beyond
their control.
 
SUMMARY OF PROVISIONS:
Sections 1 and 2 amend Correction Law § 803(1)(a).
Sections 3 and 4 amend Correction Law § 803(1)(d)(iv).
Section 5 amends Correction Law § 804(1). Sections 6 and 7 amend
Correction Law § 805. Section 8 amends Correction Law § 806(5).
Section 9 provides an effective date.
 
JUSTIFICATION:
In order to be considered for early release from prison, incarcerated
people have to complete programs mandated by DOCCS. For example, a
person with a drug or alcohol problem will have to take the six-month
alcohol and substance abuse treatment program in prison. Someone with a
violent crime might have to take the anger replacement therapy program.
People who are released from prison on their merit dates go out to
community supervision, where they frequently take other mandated
programs similar to the ones they took while they were inside. At the
time this bill was written, the COVID-19 pandemic stopped all programs
at DOCCS, because civilian staff were not allowed in and the prisons
were put on lock down. A pause in programming at DOCCS results in people
who would otherwise be released on their merit dates being held longer
until they have a chance to complete their programs.
At other times, people are not able to take or complete programs because
a teacher gets sick or retires, because the division of budget has not
approved a replacement for a missing instructor or because there is a
long waiting list for a program like the drug treatment program.
This bill would make it clear that when people fail to complete required
programs because of circumstances beyond their control, they should
still be released from prison at their merit dates. DOCCS can simply
require them to take the missing program while on community supervision
as a requirement of such supervision. People needing drug treatment can
go to drug treatment programs in the community and their participation
in such programs can be monitored by their parole officers. Right now,
while an epidemic is raging behind bars, it makes no sense to keep
people in prison longer when they are already scheduled for release and
can safely be sent home.
 
LEGISLATIVE HISTORY:
S.1970 of 2023-2024; Referred to Correction
S. 2776-A of 2021-22: Referred to Crime Victims, Crime, and Correction
S. 8499 of 2020: Referred to Rules
 
FISCAL IMPLICATIONS:
Will save the state money. It costs the state roughly $60,000 per year
on each incarcerated individual yet, it only costs the state about
$25,000 a year to supervise someone on parole.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S3974: 803 correction law, 803(1) correction law, 804 correction law, 804(1) correction law, 805 correction law, 806 correction law, 806(5) correction law