BILL NUMBER: S5059
SPONSOR: CLEARE
TITLE OF BILL:
An act to amend the social services law and the correction law, in
relation to assistance programs for individuals being released from
correctional facilities
PURPOSE:
To allow people leaving incarceration to proactively apply for public
benefits.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 158 (4) of the social services
law to require that within seventy-two hours of release the correctional
facility's benefits navigator shall complete such person's application
for safety net assistance.
Section two amends section 112 (2) of the correction law makes technical
changes with relation to the title of Commissioner. It also requires
correctional facilities to ensure each person is' provided with applica-
tions for safety net programs.
Section three adds a new section 500-q to the correction law to define
re-entry services.
Section four establishes the effective date.
JUSTIFICATION:
Access to public benefits is a critical component of successful reentry
for individuals returning to the community from incarceration. Current-
ly, many formerly incarcerated individuals face significant barriers in
accessing benefits such as Public Assistance (PA), Supplemental Nutri-
tion Assistance Program (SNAP), Women, Infants, and Children (WIC), and
Home Energy Assistance Program (HEAP). These barriers contribute to
financial instability and housing insecurity. By mandating proactive
benefits navigation at the point of residence approval, this legislation
. aims to address these systemic challenges and set individuals on a
path toward stability and reintegration. Individuals leaving incarcera-
tion are disproportionately at risk of poverty and homelessness. Accord-
ing to data from the U.S. Chamber of Commerce, 60% of formerly incarcer-
ated individuals experience unemployment from the time of release to
four years after release, this is 4 times more than the general popu-
lation's peak unemployment rate during the pandemic. Without income or
immediate access to benefits, many find themselves unable to afford
basic needs like food, shelter, and transportation. This lack of
stability decreases the likelihood of desistance and perpetuates cycles
incarceration, further burdening state resources. This legislation
ensures that incarcerated individuals have access to benefits navigators
who will assist them with completing and submitting necessary applica-
tions prior to their release. By coordinating with not-for-profit
providers and submitting applications for safety net benefits within 72
hours of residence approval, this bill ensures that individuals are
connected to essential support as soon as they reenter their communi-
ties.Additionally, requiring the Department of Corrections and Community
Supervision (DOCCS) to report on the outcomes of these efforts including
metrics on eligibility and applications, will provide the transparency
and accountability necessary to evaluate and improve the program.
Providing structured reentry services, including benefits access, has
been shown to reduce recidivism and improve outcomes for returning indi-
viduals. This legislation reflects a commitment to public safety and
fiscal responsibility by addressing the root causes of reoffending and
reducing reliance on emergency shelters and other costly interventions.
By empowering individuals to access the benefits they need, New York
State will be fostering a more equitable and sustainable reentry system.
This legislation is an essential step toward dismantling the systemic
barriers that prevent system-impacted individuals from achieving stabil-
ity and self-sufficiency. It is a forward-thinking approach to reentry
that benefits not only formerly incarcerated individuals but all New
Yorkers.
LEGISLATIVE HISTORY:
New Bill
FISCAL:
To be determined
EFFECTIVE DATE:
This act shall take effect on the January next succeeding the date upon
which 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.
Statutes affected: S5059: 158 social services law, 158(4) social services law, 112 correction law, 112(2) correction law