BILL NUMBER: S5701
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the correction law, in relation to requiring the depart-
ment of corrections and community supervision to establish discharge
plans and reentry services for wrongfully convicted individuals upon
their discharge
 
PURPOSE:
To require the Department of Corrections and Community Supervision to
provide discharge plans and reentry services for wrongfully convicted
individuals.
 
SUMMARY OF PROVISIONS:
Section 1: Amends the section heading of Section 78 of the correction
law.
Section 2: Creates Section 78-a, which pertains to discharge plans and
reentry services for wrongfully convicted individuals. It defines key
terms, such as "wrongfully convicted individual," "discharge plan," and
"reentry services."
Section 3: Sets Effective Date.
 
JUSTIFICATION:
A wrongfully convicted individual has been found guilty and subsequently
punished through legal proceedings but is later determined to be inno-
cent of the crime for which they were convicted. Some wrongfully
convicted individuals are sentenced to prison and spend years behind
bars. This can happen for various reasons, including errors in the legal
process, false evidence, coerced confessions, or the discovery of new
evidence that clears the individual's name.
A 2022 article by the Bronx Times stated that 331 people have been exon-
erated in New York State in the last 33 years, and those are just the
cases that have been recorded. Undoubtedly, individuals who were wrong-
fully convicted of a crime are sitting in prisons across the state at
any given moment.
Wrongfully convicted individuals who are incarcerated face an unjust
loss of freedom and potential damage to their lives. Currently, New York
State law requires that DOCCS provide re-entry services only to some
offenders, not including those who were wrongfully convicted. There-
fore, individuals who were wrongfully convicted and released from jail
are not offered any re-entry services. This bill will ensure that wrong-
fully convicted individuals are provided essential services upon
release, acknowledging the emotional, psychological, and practical hard-
ships that they might experience.
Individuals who spend time in prison for a crime they did not commit
deserve the best resources and support to assist in their reintegration
into society. The State must demonstrate its commitment to treating
individuals with dignity and addressing their unique needs. Without
proper support upon release, wrongfully convicted individuals might be
at risk of falling into homelessness, mental and physical health chal-
lenges, and challenges related to education and employment. By providing
tailored discharge plans and reentry services, the bill seeks to promote
successful reintegration and facilitate a smoother reentry process by
ensuring access to housing, education, employment, medical care, and
other social services, which can help these individuals rebuild their
lives.
 
LEGISLATIVE HISTORY:
Senate
2023: S7646, Referred to Rules
2024: S7646, Passed Senate
Assembly
2023: A8017, Referred to Correction
2024: A8017, Referred to Correction
 
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.

Statutes affected:
S5701: 78 correction law