BILL NUMBER: S7029
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the correction law, in relation to expanding prison work
release program eligibility and participation
 
PURPOSE:
To make people who have committed certain crimes ineligible for tempo-
rary release while expanding eligibility for people who do not pose a
public safety risk.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 2 of section 851 of the correction law, as
amended by section 228 of chapter 322 of the laws of 2021 by changing
the definition of "eligible incarcerated individual," and expanding that
a person ineligible for work release to include people committed specif-
ic sex crimes and acts of terrorism or incest. Discretion to decide
eligibility and participation was restored to DOCCS and the legislature.
Section 2: Amends subdivision 2 of section 851 of the correction law, as
amended by chapter 322 section 228-b of the laws of 2021 by expanding
the list of ineligible incarcerated individuals.
Section 3: Amends subdivision 2-a of section 851 of the correction law,
as amended by chapter 322 of the laws of 2021 by expanding the defi-
nition of "eligible incarcerated individual" to include those persons
who will become eligible for parole or conditional release within four
years.
Section 4: Amends subdivision 2-b of section 851 of the correction law,
as added by chapter 738 of the laws of 2004 to include additional merit
time in calculating a person's eligibility date for parole or condi-
tional release.
Section 5: Provides an effective date.
 
JUSTIFICATION:
This legislation will ensure that incarcerated individuals who do not
pose a threat to public safety will be eligible to participate in prison
temporary release programs. At its peak in 1994, 24,055 individuals
participated in the work release program. As of 2010, program partic-
ipation has plummeted to 1,910. In the two-year period from 2009 to 2010
alone, the number of new, admissions to the program was halved - in
2009, 416 applicants were accepted into the program, while in 2010, only
201 applicants were accepted. This low admission rate is not for lack of
interest in the program. In 2010, about 24,269 incarcerated people
applied to participate in the program, but only 702 people were accepted
into work release as a standalone program or work release as part of the
Comprehensive Alcohol and Substance Abuse Treatment (CASAT) program.
This means that only 4% of all Temporary Release program applicants are
accepted into the program.
Although many prison superintendents and central office staff strongly
support increasing participation in work release, the department needs a
change in the statute to permit greater eligibility. Eligibility does
not guarantee participation in the program, since DOCCS has discretion
about which eligible inmates are chosen for the program.
A revitalized Temporary Release program is fully consistent with the
underlying goals of the recent merger of the New York Department of
Correctional Services and the Division of Parole to form the Department
of Corrections and Community Supervision (DOCCS), which include enhanced
public safety through the promotion of individuals' successful reentry
and reintegration into the community. The Temporary Release program has
great potential to further this purpose. Temporary Release provides for
a structured transition from incarceration to life in the community,
helping participants to develop the work, educational, and basic life
management skills they need to become law-abiding, contributing members
of their communities. The evidence has shown that programs like Tempo-
rary Release are effective at reducing recidivism, which enhances public
safety.
Participation in the Temporary Release program provides a sound and
accurate picture of a person's readiness for release to the community as
a law-abiding citizen. Not only does it aid the board in making deci-
sions about readiness for release, but it can also be an invaluable
resource to help DOCCS staff identify the support a person needs while
being supervised in the community. For example, it can help identify the
need for better job skill development, the need for more education to
further career advancement, or the need for ongoing after-care to
address a substance abuse problem. Temporary Release is an exceptionally
cost-effective program. Indeed, a robust Temporary Release program is a
sure way to reduce the staggering cost of the prison system. The
program, particularly work release, saves taxpayers in two important
ways. First, it costs significantly less to house work release partic-
ipants than to house "traditional prisoners". Second, because individ-
uals involved in work release earn a taxable income, this program gener-
ates local, state, and federal tax revenues. Additionally, the proposed
legislation will ensure that work release participants are provided the
services and support necessary for success during the transitional peri-
od. Further proposals will ensure the safety and security of the public
by limiting eligible participants to those who have not committed
certain enumerated crimes.
 
LEGISLATIVE HISTORY:
S.4916 of 2023-2024; Referred to Crime Victims, Crime and Correction;
S.2218 of 2022-22: Referred to Crime Victims, Crime and Correction
S.7685 of 2020; Referred to Crime Victims, Crime and Correction
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Effectively immediately, provided however, that the amendments to subdi-
vision 2 of section 851 of the correction law made by section one of
this act shall be subject to the expiration and reversion of such subdi-
vision and section pursuant to subdivision (c) of section 46 of chapter
60 of the laws of 1994 and section 10 of chapter 339 of the laws of
1972, as amended, when upon such date the provisions of section two of
this act shall take effect; provided further, that the amendments to
subdivision 2 of section 851 of the correction law, made by section two
of this act shall expire on the same date as subdivision (c) of section
46 of chapter 60 of the laws of 1994, section 10 of chapter 339 of the
laws of 1972, and section 5 of chapter 554 of the laws of 1996, as
amended, expire, when upon such date the provisions of section three of
this act shall rake effect; provided further that the amendments to
subdivisions 2a and 2-b of section 851 of the correction law, made by
sections four and five of this act shall not affect the expiration of
such section and shall expire therewith.

Statutes affected:
S7029: 851 correction law, 851(2) correction law, 851(2-a) correction law, 851(2-b) correction law