BILL NUMBER: S5265
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the correction law, in relation to screening incarcerat-
ed individuals for eligibility in the supplemental nutrition assistance
program prior to release
 
PURPOSE OR GENERAL IDEA OF BILL:
To require screening incarcerated individuals for eligibility for the
Supplemental Nutrition Assistance Program (SNAP) prior to release.
 
SUMMARY OF PROVISIONS:
Section 1 amends correction law by adding a new section 619-a, which
states that it should be the duty of an official of any institution
under the jurisdiction of the commissioner to cooperate with an author-
ized agency of the Department of Social Services to screen incarcerated
individuals for eligibility for the Supplemental Nutrition Assistance
Program, pursuant to section 95 of the social services law, 30 days
prior to release and to assist the individuals in applying for the
program. It states that the official, in cooperation with the authorized
agency, should seek any necessary waivers from the United States Depart-
ment of Agriculture to suspend the three-month time limit for individ-
uals in areas without work and to ensure that incarcerated individuals
have one year of eligibility upon release.
 
JUSTIFICATION:
According to U.S. Bureau of Justice Statistics, more than 600,000 people
are released from state and federal prisons each year. Formerly incar-
cerated individuals reentering their communities face many obstacles,
including food insecurity, unstable housing, and difficulties in finding
and retaining employment. These challenges contribute to recidivism. The
Bureau of Justice Statistics also found that 68 percent of incarcerated
people released in 30 states in 2005 were rearrested within three years
and 77 percent within five years.
Access to basic supportive services such as food assistance can help
formerly incarcerated individuals reenter their communities and avoid
cycling in and out of the criminal justice system. Individuals leaving
the system are twice as likely to suffer food insecurity as the general
population, with one in five formerly incarcerated people finding it
difficult to obtain regular meals, according to the Prison Policy Initi-
ative. The Supplemental Nutrition Assistance Program (SNAP) has been
shown to help reduce food insecurity. A study done by the U.S. Depart-
ment of Agriculture found that receiving SNAP benefits decreases the
probability of being food insecure by about 30 percent and the probabil-
ity of being very food insecure by about 20 percent.
Setting formerly incarcerated people up for a more successful reentry
has led states like Illinois and California to expand and/or put into
place pre- release SNAP benefits programs in 2023. This legislation
seeks to ensure that incarcerated individuals have the opportunity to
apply for SNAP benefits 30 days before they are released.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: 58173 - Passed Senate
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
Immediately.