NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7717
TITLE OF BILL:
An act to amend the correction law, in relation to educational leave for
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 7 of section 851 of the correction law, to
provide that, with respect to temporary educational release, "eligible
inmate" shall include an inmate who is within two years of eligibility
for work release.
Section 2 provides the effective date.
Under current New York State law, eligible individuals have to be within
two years of release eligibility to qualify for temporary educational
release. This legislation would allow certain incarcerated individuals,
who will otherwise be eligible for work release, the opportunity to be
eligible for educational release up to four years from their potential
Research has shown that reduced rates of recidivism and increased
employment opportunities are among the benefits of educational programs.
Those who participate in prison education programs are much less likely
to be re-incarcerated in the years following their release than individ-
uals who do not. This legislation would allow more individuals to become
eligible to participate in educational and vocational training programs
by expanding release eligibility opportunities.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
Immediately after becoming law.
STATE OF NEW YORK
2021-2022 Regular Sessions
May 20, 2021
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
AN ACT to amend the correction law, in relation to educational leave for
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 851 of the correction law, as
2 amended by chapter 691 of the laws of 1977, is amended to read as
4 7. "Educational leave" means a privilege granted to an eligible inmate
5 to leave the premises of an institution for a period not exceeding four-
6 teen hours in any day for the purpose of education or vocational train-
7 ing, or for any matter necessary to the furtherance of any such
8 purposes. For purposes of this subdivision, as applied under this chap-
9 ter, an eligible inmate shall include an inmate who is within two years
10 of being an eligible inmate.
11 § 2. This act shall take effect on the ninetieth day after it shall
12 have become a law; provided, however, that the amendments to subdivision
13 7 of section 851 of the correction law made by section one of this act
14 shall not affect the expiration of such section and shall be deemed to
15 expire therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.