Legislative Report on Reentry Planning and Access to Social Services

Legislative Report on Reentry Planning

and Access to Social Services

 
 
Contents 
Executive Summary ................................................................................................................. 1 
Legislative Purpose and Provisions ....................................................................................... 4 
Report Content ......................................................................................................................... 4 
Benefits Programs ................................................................................................................ 4 
Housing ................................................................................................................................. 7 
Medical .................................................................................................................................10 
Mental Health Services ........................................................................................................11 
Substance Abuse and Addiction Services ........................................................................13 
Employment .........................................................................................................................14 
Education .............................................................................................................................19 
Conclusion ..............................................................................................................................22 
 
   

Executive Summary

Introduction

As the safest large state in the nation, New York State has demonstrated its capability to protect

public safety and reduce crime.

Simultaneously, New York has made strides towards reducing

incarceration; our state has the lowest incarceration rate of any large state.

The COVID-19

pandemic, however, has changed the yardstick by which we traditionally measured this progress,

and has made reentry into communities even more challenging for those who were formerly

incarcerated. Throughout the United States, more than 5.5 million people were under the

supervision of adult correction systems at the end of 2020.

In 2020, nearly 10% of this prison

population, around 550,000 people, were released from prison and jails. During the same period,

there were 18,289 releases from New York State Department of Corrections and Community

Supervision (DOCCS) facilities.

This increase in releases was spurred by policies related to

prison population density, particularly during the COVID-19 pandemic. It was catalyzed by

previous policies that had begun the decarceration process in several other states.

New York

State’s incarcerated population represents less than 1% of this population under custody; as of

January 1, 2021, the total population in DOCCS custody was 34,405.

Since that time, the prison

population declined even further and was 31,029 as of September 1, 2022.

Prison closures have

been a mainstay of this process; since 2011, New York State has closed 24 prisons. While

depopulating prisons is an important step forward, the COVID-19 pandemic has resulted in a

multitude of obstacles for effective community reentry.

The pandemic exacerbated the consequences associated with the reentry transition from

imprisonment back into communities, as many reentry-related trainings and services in the

community were paused or scaled back. Because the world switched to a virtual environment,

there was also an initial lack of access to internet and technology in facilities which hindered

reentry service providers from making virtual trainings available to incarcerated individuals.

However, DOCCS quickly adapted to this new environment, especially around education, as

tablets were used for instruction in college classes and virtual teleconferences/videoconferencing

were utilized for re-entry planning. Moreover, the economic downturn of the pandemic specifically

impacted low wage jobs where formerly incarcerated individuals most often find employment—

with the exception of critical services such as supermarkets—where workers were needed to

continue the provision of food for the general public and custodial maintenance—where workers

ensured proper cleaning and hygiene in public buildings. Employment levels for the formerly

Crime in the United States: 2020 Annual Report, Federal Bureau of Investigation, 2020.

Ann Carson, “Prisoners in 2020—Statistical Tables,” U.S. Department of Justice, Bureau of Justice Statistics,

December 2021.

Rich Klucklow and Zhen Zeng, “Correctional Populations in the United States, 2020—Statistical Tables,” U.S.

Department of Justice, Bureau of Justice Statistics, March 2022.

“Releases and Discharges from Incarceration: Calendar Year 2020,” New York State Department of Corrections

and Community Supervision, April 2022.

“Decarceration Strategies: How 5 States Achieved Substantial Prison Population Reductions,” The Sentencing

Project, 2018.

“Under Custody Report: Profile of Under Custody Population as of January 1, 2021,” New York State Department of

Corrections and Community Supervision, 2021.

“Incarcerated Profile Report – September 2022,” New York State Department of Corrections and Community

Supervision, September 2022.

incarcerated are already at a disadvantage; at any given time, around 40% of formerly

incarcerated are unemployed, and most alarmingly, this rate remains consistent across a several-

year span. This created many challenges, as poverty is one of leading causes of recidivism.

Stable affordable housing, food, and healthcare are all additional concerns that were raised

amongst formerly incarcerated individuals.

This report will detail New York State’s efforts to improve community reentry in recent years and

will identify potential solutions for strengthening the reentry process for returning citizens.

Department of Corrections and Community Supervision (DOCCS)

Reentry Process

The Department of Corrections and Community Supervision (DOCCS) has cemented a strong

partnership with the Office of Temporary and Disability Assistance (OTDA) in the statewide

reentry process that is intended to reduce crime by promoting success in the community through

the coordination of services from the point of incarceration through the completion of community

supervision.

Reentry planning begins during the reception process upon entry to a DOCCS correctional facility.

During the reception process, the incarcerated individual is assessed and evaluated for needs

and services. At the first general confinement facility, the Offender Rehabilitation Coordinator

(ORC) meets with incarcerated individual at the initial interview to establish the program plan

based on identified needs; goals and tasks are developed to address the program plan. The

program plan follows the individual throughout their incarceration and release to community

supervision. Reentry planning is reviewed by the ORC at the incarcerated individual’s scheduled

quarterly reviews. Housing information and resources are available to all incarcerated individuals

via the Transitional Services Resource Centers, located in each correctional facility. DOCCS

Transitional Services has also created a shared drive to enhance communication and ensure

that reentry resources are readily available at the facility level. Reentry planning increases in the

6 months prior to a potential release date. Special needs (mental health, medical, disabilities, etc.)

are conferenced and planned for, and referrals are made during this time. Community preparation

reports are made to community supervision field staff. Potential residences are proposed, and

home visits are made by community supervision Parole Officers to determine suitability for

approval. DOCCS provides academic programs and vocational skills training in 26 trades to

prepare incarcerated individuals for employment upon release. The Department further provides

services such as cognitive behavior programs, soft skills training, and other programs to address

underlying criminogenic needs and assist individuals with effectively utilizing their education and

skills in the community.

Reentry Services, under Community Supervision, works in collaboration with the Department’s

correctional facility and community supervision field staff to facilitate the smooth transition of

individuals returning to the community following a term of incarceration. Reentry staff build

partnerships with service providers and government entities by working closely with state, county,

and local offices throughout New York State to facilitate access to housing (to include DOCCS

Community Based Residential Programs), public benefits, education, employment, and sup-

portive services. Reentry Services develops additional referral sources for housing, substance

abuse prevention services, anger management, domestic violence and mental health counseling,

medical services, mentoring, employment, and a host of other services needed by the formally

incarcerated. Reentry staff also assist Parole Officers in the placement of returning citizens with

specialized needs—ranging from serious medical illnesses to mental health concerns—by

providing linkages to community housing resources, coordinating specialized services and

making referrals to community-based organizations. Community-based organizations are

equipped to assist in the stabilization of individuals who require additional guidance and support.

Upon release to the community, staff of the 58 social services districts overseen by OTDA support

successful reentry into the community. Reentry staff and social services staff must work

collaboratively with those being released to the community to help access housing, employment,

public benefits, and physical and mental health services. Developing packets of vital information

reduces waiting periods and additional steps to the district office to complete applications for

assistance. OTDA and DOCCS have collaborated to streamline access to temporary housing and

benefits by improving communication on release timing and pre-release benefits planning.

Optimizing reentry programs and services is critical to restoring the reentering citizen as an

individual, as well as to improving public safety and reducing recidivism. As has been thoroughly

documented,

removing barriers to reentry is a critical piece to ensuring a healing transition for

the formerly incarcerated so that they can return to their communities and contribute positively to

society. As noted later in this report, recent key changes to the public assistance application

process facilitate the ability for individuals to have timely access to public benefits following

release from incarceration.

Division of Criminal Justice Services (DCJS) County Reentry Task Forces

The goal of New York State’s re-entry strategy is to reduce recidivism and promote community

safety. To that end, DCJS partners with DOCCS to support County Re-Entry Task Forces

(CRTFs) in 20 counties: Albany, Bronx, Broome, Dutchess, Erie, Kings, Monroe, Nassau, New

York, Niagara, Oneida, Onondaga, Orange, Queens, Rensselaer, Rockland, Schenectady,

Suffolk, Ulster, and Westchester. Staff of the Vocation/Education, Employment and Re-Entry

(VER) Unit within the Office of Probation and Correctional Alternatives at DCJS provide training,

technical assistance and support to the Task Forces.

Task Forces coordinate and manage services provided to individuals who are returning to their

communities after serving a state prison sentence and determined to be at moderate or high risk

of reoffending. CRTFs provide access to services and assistance that allows individuals to

transition home and remain crime-free by focusing on stabilization needs, service coordination

and the provision of cognitive behavioral interventions and/or employment readiness programs.

To achieve state and local re-entry goals, CRTFs conduct strategic planning to develop effective

approaches to serving individuals, build local capacity to meet service needs, identify gaps in

services and assess the effectiveness of the county’s re-entry system for consistency with

See: “Coordination to Reduce Barriers to Reentry: Lessons Learned from COVID-19 and Beyond” ; Annelies Goger,

David J. Harding and Howard Henderson, “A Better Path Forward for Criminal Justice: Prisoner Reentry,” Brookings

Institute, April 2021; and Emilee Green, “An Overview of Evidence-Based Practices and Programs in Prison Reentry,”

Illinois Criminal Justice Information Authority, December 19

, 2019, among others.

principles of effective practice, which includes the use of Motivational Interviewing techniques,

cognitive behavioral approaches, positive reinforcement, and engagement in ongoing, pro-social

support among others.

CRTFs also engage formerly incarcerated individuals and their families and the greater

community to encourage participation in re-entry planning and programming through activities

including, but not limited to public awareness campaigns, mentoring programs, community forums

on relevant topics and panel discussions featuring re-entry stakeholders, and outreach to

employers and the business community.

Legislative Purpose and Provisions

Chapter 670 of the Laws of 2019 requires OTDA and DOCCS to examine and make

recommendations on the reentry planning for individuals returning to their communities following

a period of incarceration. Specifically, the legislation is focused on barriers to an array of social

services including housing, employment, public benefits, education, as well as health and mental

health care. The COVID-19 pandemic caused a delay in compiling the information for the

submission of this report, as both OTDA and DOCCS took unprecedented action to maintain

critical operations and ensure the safety of New Yorkers.

OTDA and DOCCS worked to compile this report in a timely manner, but attention of each agency

was diverted to take actions necessary to address the ramifications of the COVID-19 pandemic.

OTDA was required to quickly assist social services districts to support remote work, expand on-

line applications for assistance and to establish new programs to respond to the financial impacts

of COVID including supplemental nutrition benefits and rental assistance. DOCCS was required

to institute new safety protocols to safely manage the incarcerated population in congregate

settings and releasees in the community. Additional information on DOCCS response actions to

the pandemic can be found on its COVID-19 Report webpage.

This report reflects data analysis and policy considerations developed during its original drafting

as well as updates to reflect progress to date.

Report Content

Benefits Programs

Importance

Access to public benefit programs is foundational for those re-entering the community to stabilize

their pathway to gainful employment, housing, treatment programs, and a strong reintegration into

society. These public benefits include Public Assistance, Supplemental Nutrition Assistance

Program (SNAP), Medicaid, Supplemental Security Income (SSI), Social Security and other

benefits.

Close collaboration between reentry and social services staff is vital to facilitate receipt of public

benefits for reentering individuals. One study found that “expanded access to Medicaid can

reduce recidivism within the first year of release by 11.5%.”

Public benefit programs can provide

the assistance to obtain health insurance and assist with other immediate needs upon release to

the community and provide ongoing support. Collaboration between OTDA, social services

districts and DOCCS reentry staff is important to facilitate successful reentry to the community.

Access to official documentation, such as Social Security Cards, birth certificates and photo

identification is critical to successful reentry. Developing packets of vital information will assist

greatly with reducing waiting periods and frequent trips to the district office to complete

applications for assistance. It is also critical that reentry staff seek permanent housing options for

individuals upon release. When necessary, social services districts must provide temporary

housing for individuals upon release from prison.

Initiatives

New York State has a relatively robust set of public benefit programs available to all residents,

including those re-entering the community from incarceration. DOCCS and OTDA have an

ongoing process to support collaboration among social services districts and reentry staff.

Appropriate local contacts are routinely distributed, and districts have access to information

regarding individuals scheduled for release to facilitate planned reentry. This effort was enhanced

during the COVID health crisis to share information about expedited releases made to prevent

the spread of COVID-19.

In 2021, DOCCS, in collaboration with NYC Human Resources Administration (HRA), piloted

Supplemental Nutrition Assistance Program (SNAP) enrollment for individuals housed at

Edgecombe and Queensboro correctional facilities. Under this program, applicants must be within

30 days of release and returning to the five boroughs of New York City. Discussions regarding

the expansion of this program to other locations are currently underway.

Additionally, DOCCS and HRA are in the process of developing a pilot program to assist

incarcerated individuals with the completion of Cash Assistance applications prior to their release

from Queensboro correctional facility.

Governor Hochul’s 2022‒23 State budget included legislation to eliminate the 45-day waiting

period for Safety Net Assistance and this important policy change was enacted. As a result,

individuals reintegrating into the community will not be required to wait 45 days for Safety Net

Assistance. OTDA will continue to encourage social services districts to work collaboratively with

prisons and jails to help individuals submit completed applications prior to and upon release.

Recent initiatives to increase access to public benefits include:

• New Online Application: In July 2020, the New York State Office of Information

Technology Services (ITS) and OTDA deployed an online application for Public Assistance,

SNAP and Medicaid. The online application increases program access for all households by

reducing the need to travel to the social services district office. The application also

increases efficiencies for application processing as the information automatically transmits to

the system used by workers to process applications. Individuals can pre-screen for eligibility

Erkmen Aslim, et al., “A Welfare Analysis of Medicaid and Crime,” George Mason Law & Economics Research

Paper, April 10

, 2022.

through myBenefits.ny.gov to help assess what programs they are likely eligible for and to

clarify what documentation is needed to support an application.

• NYDocsSubmit: In 2020, the Integrated Eligibility System program—in conjunction with

OTDA and the Department of Health—deployed the NYDocSubmit mobile application which

is currently used by 54 counties. NYDocSubmit permits clients submission of documentation

to social services districts so individuals can more easily provide required documentation. As

with the on-line application for benefits, this initiative improves access to benefits.

• Free ID: As of October 2020, recipients of Public Assistance, SNAP and Medicaid can

obtain a free non-driver identification card issued by the Department of Motor Vehicles.

• In 2022, Governor Hochul’s budget included important changes to permit public assistance

recipients to earn and save more before losing eligibility for benefits. The enacted budget

included provisions to enable single adults to benefit from the expanded earnings disregards

available to households with children (which were also enhanced through this legislation).

This change will enable individuals returning to the community from incarceration to earn

more before losing eligibility for public assistance. Additionally, recipients are now able to

save up to $10,000 without impacting their eligibility. These changes were implemented to

encourage work and savings and to help recipients attain financial security.

Based in part on collaborations with DOCCS, OTDA has taken steps to improve access to benefits

upon re-entry to the community. Once critical change was elimination of the statutory 45-day

waiting period for Safety Net benefits, as noted above. OTDA is also encouraging districts to

support pre-release benefits planning/readiness to facilitate access to appropriate housing, basic

needs including food and necessary medical care upon release. New training will be implemented

in 2023 to improve eligibility staff awareness of evidence around substance use addiction to

further facilitate access to benefits and treatment.

In the 2022 State of the State, Governor Hochul advanced two proposals to expand access to

birth certificates and Non-Driver ID (NDID) cards among the incarcerated population. Access to

these and other official documents are important indicators of successful community reentry as

they are significant to self-identification and to accessing public benefits and other social services.

The FY 2023 Enacted Budget amended Correction Law and Public Health Law to permit DOCCS

to utilize sentence and commitment paperwork, or a certificate of conviction, to request a certified

copy of a birth certificate at no cost on behalf of an incarcerated individual. Effective July 15, 2022,

facility staff were advised to initiate a birth certificate application upon arrival at the incarcerated

person’s first general confinement facility. For those already in custody, the application would be

initiated at their next scheduled quarterly review.

Additional legislation was signed in the FY 2023 Enacted Budget to authorize DOCCS, in

partnership with the Department of Motor Vehicles (DMV), to assist incarcerated individuals with

obtaining a NDID, which would be issued to the individual upon release. Following the passage

of this legislation, DOCCS and DMV established pilot sites at Bedford Hills, Taconic, and

Wyoming correctional facilities. The first two (2) releasees to receive their NDID under this new

program were released from Wyoming CF on June 14, 2022. The Department is in the process

of expanding this initiative to all its facilities statewide. Combined, these initiatives will greatly

expand the pool of incarcerated individuals with access to official documentation that will assist

in accessing social services and obtaining public benefits following their release.

Impediments

The DOCCS reentry population frequently applies for and receives Public Assistance and SNAP

benefits. Following the application process, the most common reasons for denial of Public

Assistance or SNAP benefits was failure to appear at required eligibility appointments or failure

to provide needed documentation to support a determination of eligibility. Based on this finding,

OTDA and DOCCS will work to improve case management around the eligibility determination

process to help ensure individuals who need public benefits complete the application process.

This includes efforts to increase the submission of program applications with required

documentation prior to release. The recent on-line application and document submission options

as well as elimination of the 45-day waiting period for Safety Net Assistance will also facilitate

completion of the application process. A relatively small percentage of individuals were denied

benefits due to having income above the eligibility standards; further emphasizing the importance

of helping individuals secure benefits they are likely eligible to receive and that are paramount to

helping them reestablish in the community.

Food insecurity is another major issue for the formerly incarcerated, as 91% of those released

from prison have reported experiencing food insecurity.

Section 11 of the Food and Nutrition Act

makes individuals incarcerated for more than 30 days ineligible for SNAP benefits during their

incarceration, however, states can request waivers to begin processing SNAP applications from

incarcerated individuals before they are released.

OTDA encourages districts to coordinate the

submission of pre-release applications to facilitate the timely receipt of public benefits.

Housing

Importance

Establishing a housing plan to ensure safe, stable, and suitable housing upon release is

paramount to successful reentry into the community. Housing is a primary issue for reentering

individuals; those who are formerly incarcerated are nearly ten times more likely to be homeless

than the general population.

Yet more critically, the prevalence of homelessness is highest

within the first two years of release

—the same critical time when recidivism overall is most

likely.

This establishes the urgency of ensuring housing stability for reentering individuals as a

key investment in public safety. On the individual level, when this is achieved, releasees can

experience improvements in their quality of life and familial relationships, as well as in the areas

of physical/mental health, substance abuse, and employment.

Emily A. Wang, et al., “A Pilot Study Examining Food Insecurity and HIV Risk Behaviors among Individuals

Recently Released from Prison,” AIDS Education Prev., April 2013.

“Coordination to Reduce Barriers to Reentry: Lessons Learned from COVID-19 and Beyond.”

Lucius Couloute, “Nowhere to Go: Homelessness Among Formerly Incarcerated People,” Prison Policy Initiative,

August 2018.

Couloute, “Nowhere to Go: Homelessness Among Formerly Incarcerated People.”

Mariel Alpher, Matthew R. Durose and Joshua Markman, “2018 Update on Prisoner Recidivism: A 9-Year Follow-

Up Period,” U.S. Department of Justice, Bureau of Justice Statistics, May 2018.

Initiatives

New York State has taken additional steps to aggressively expand affordable housing options in

New York State. In 2017, the State launched an ambitious housing plan to build and preserve

more than 100,000 units of affordable housing and 6,000 units of supportive housing (affordable

housing coupled with housing retention support services over a five-year period). To date, more

than 6,500 units of supportive housing have been funded and the State’s affordable housing

production goals are also being met. Most recently Governor Hochul’s SFY 2022‒24 enacted

budget includes a $25 billion, five-year housing plan that will create or preserve 100,000

affordable housing units, including 10,000 accompanying by supportive services for vulnerable

populations, such as those exiting incarceration.

In the 2022 State of the State, Governor Hochul directed DOCCS to pilot a transitional housing

program for undomiciled releasees returning to New York City who otherwise may end up in

the homeless shelter system. The Department established this pilot program at Edgecombe

Residential Treatment Facility in Manhattan, and DOCCS accepted its first program participant in

August 2022. Under this program, participants will receive up to 90 days of stable housing as they

pursue employment and housing opportunities. Once a releasee secures an approved housing

location, the head of that location is eligible to receive a temporary stipend to help offset

household costs for a twelve-week period. As of October 2022, there are almost 30 residents in

the program, with an additional 35 individuals approved for placement in the program. This first-

of-its-kind transitional housing program represents a significant step toward reducing the barriers

formerly incarcerated individuals face in securing housing, which in turn will reduce the number

of releasees in the shelter system and better position this population for successful reentry.

The State FY 2020‒2021 Executive State Budget included an historic increase in funding for the

OTDA administered Homeless Housing and Assistance program (HHAP) by doubling the program

from $64 million to $128 million and this investment has continued each year since. HHAP is

administered by the New York State Homeless Housing Assistance Corporation, which is staffed

by OTDA. HHAP funding can be used to acquire, construct, and/or rehabilitate housing for

homeless persons, including those who were formerly incarcerated, with Empire State Supportive

Housing Initiative (ESSHI) paying for operating and staffing costs for HHAP and other capital

construction projects. While several HHAP-funded projects include formerly incarcerated persons

as part of larger target populations (such as persons with substance use disorders, persons with

mental illness, and/or persons living with HIV/AIDS), HHAP has also constructed projects that are

specifically designed to house formerly incarcerated persons, such as those sponsored by the

Fortune Society.

To support positive outcomes for residents of supportive housing, the State implemented the

ESSHI starting in 2016, and to date has invested over $193 million to provide rental assistance

and critical support services to help needy individuals remain in permanent supportive housing.

Additionally, DOCCS Community Based Residential Programs (CBRP) and the Office of Mental

Health (OMH) Forensic Housing are examples of initiatives that are currently being utilized to

serve populations leaving incarceration. Most have a case management component to assist with

New York State, “Governor Hochul Announces Launch of Comprehensive $25 Billion Housing Plan in Historic FY

2023 Budget,” April 9

, 2022.

stabilization and establish long term housing plans. County Reentry Task Forces (CRTFs) are

another important source of case management services and advocacy with local Departments of

Social Services to get services in place upon release. DCJS and DOCCS partner to support

CRTFs, which are currently available in 20 counties in NYS.

Several policies have been enacted to support and reduce barriers to housing. Based on guidance

from the Council for Community Reentry and Reintegration that recommended the banning of

housing discrimination based on an individual’s conviction alone, legislation was passed in April

2019 that outlawed private and public housing discrimination based on arrest only. These

changes followed amendments to a policy from 2015 that allowed returning citizens to live with

spouses and partners if an individualized determination finds no instances of domestic violence

involving those partners. A prior policy made it unintentionally difficult for some people to live with

partners with whom there was no history of abuse or criminal activity.

Additional pilots have been launched to address the issue of housing. In 2017, case management

support services were funded to enable people returning from prison to reunite with their families

living in public housing facilities in Schenectady, Syracuse and White Plains to provide greater

opportunities for safe, cost-effective housing. Also in 2017, a new pilot program was established

to provide two counties with additional funding to support social services district state case

management services for individuals upon their release from State prison. These case

management services are designed to help individuals access to rental supplements, secure

employment and/or vocational training and to remove barriers to financial security. A key

component of the program to help individuals obtain and maintain permanent housing by

leveraging existing rent supplement programs to successfully house un-domiciled individuals

reentering the community from prison. This program is administered by OTDA and advised by the

Council on Community Reentry and Reintegration and local County Reentry Task Forces. Specific

to New York City, the Human Resource Administration (HRA) encourages housing placements

for those exiting incarceration by paying families to allow for undomiciled persons to reside in their

homes. The New York City Housing Authority (NYCHA) has a pilot program which screens

parolees for eligibility to reside in public housing with their families, rooted in a federal housing

program under US Department of Housing and Urban Development.

Impediments

Access to safe and affordable housing is a challenge for many, particularly for those re-entering

the community after a period of incarceration. This is due to a variety of coalescing factors,

including housing costs, limited safe housing options for very low-income individuals and limited

income and financial resources. Identifying housing for formerly incarcerated individuals who are

re-entering the community is even more challenging due to HUD eligibility rules, community

opposition to low-income housing—including transitional housing for those re-entering the

community from prison—and a lack of gainful employment. In addition, those who are sex

offenders face further obstacles because of restriction on living close to schools or other places

in which there are children or vulnerable populations. Access to sufficient financial assistance to

meet housing needs, including up-front costs (security deposits, first month rent) and ongoing

rent, is a key impediment to permanent housing.

Medical

Importance

Many individuals being released from state prison have chronic medical concerns. Of paramount

importance is establishing safe and adequate discharge plans to support and meet all medical

needs for those released within the community. Continued medical support within the com-

munities is crucial to successful reintegration.

Initiatives

Programs and services such as Health Homes, Health Homes Plus and Delivery System Reform

Incentive Program (DSRIP) ensure that all members have access to programs to reduce

avoidable hospital use and promote the use of escribe for prescriptions. The use of the Senior

Utilization Review Nurses and discharge planners in facilities has improved the smooth transition

for those released with medical concerns, including those participants in the Medication Assisted

Treatment (MAT) program in correctional facilities.

DOCCS has provided Medicaid enrollment services to eligible individuals who are incarcerated

and nearing release since 2013. The Department enrolls an average of 282 incarcerated

individuals into Medicaid each month. There are currently almost 15,125 individuals under

custody with suspended Medicaid. In FY 2021‒2022, 3,096 applications for Medicaid were

submitted, of which 2,460 were approved. Efforts continue to ensure all eligible individuals who

are under custody are enrolled in Medicaid, with an emphasis on those being released, to allow

for a continuity of care for individuals returning to the community.

The Medicaid 1115 Waiver Amendment, proposed in 2021 to embed racial and social equity into

the Medicaid process and system, is significant for providing critical medical treatments for an

incarcerated individual with high medical needs. Under the amendment, Medicaid activation for

incarcerated individuals would begin 30 days prior to release, assisting in a continuity of medical

services and treatment. Additionally, the state developed a therapeutic residential treatment pilot

to provide specialized treatment care for those reentering society.

Incarcerated individuals were

identified as one of the vulnerable populations covered by the Medicaid Waiver Amendment and

was explicitly cited as “critical to achieving the waiver’s health equity goals [by]…ensuring

appropriate transition and supports during reentry…[for] particularly vulnerable patients with

comorbidities.”

Impediments

Health insurance policies, such as certain providers not covering certain services, e.g., sex

offender treatment. Upon release, individuals need community Medicaid in place. Inpatient

Medicaid status must be switched to community status, which, unfortunately, correctional facility

staff do not have the ability to make this switch on the release date.

Additionally, nursing home placements are extremely difficult; many will not accept those with a

violent criminal history, and most will not take sex offenders. In-home medical services are also

New York State Department of Health Office of Health Insurance Programs, “1115 Waiver Demonstration

Conceptual Framework: A Federal-State Partnership to Address Health Disparities Exacerbated by the COVID-19

Pandemic,” August 2021, 21.

“1115 Waiver Demonstration Conceptual Framework,” 21.

not willing to go into certain housing situations (i.e., sex offender rooming houses). Additional

providers are needed for MAT when transitioning into communities.

Mental Health Services

Importance

OMH, through Central New York Psychiatric Center (CNYPC), provides an extensive range of

treatment services to incarcerated individuals in DOCCS custody on-site at the correctional

facilities, including but not limited to mental health screening upon reception, clinic services,

intensive mental health services in dedicated housing areas, crisis intervention services, and

reentry preparation and planning. In addition, CNYPC provides an in-patient level of care when

appropriate. Longitudinal statical analyses demonstrate that providing appropriate mental health

services, including ensuring access to prescription drugs upon reentry, reduces rates of

recidivism.

Initiatives

DOCCS Assistant Reentry Managers specialize in mental health and work with CNYPC Pre-

Release Services staff who facilitate the following programs and practices for people with serious

mental illness (SMI):

• Day of Release Coordinated Warm Handoff

• Personalized Recovery Oriented Services (PROS)

• Single Point of Access (SPOA)

• Mobile Integration Teams (MIT)

• Mental Health Care Coordination including Assertive Community Treatment (ACT) and

Forensic ACT, Transitional Forensic and Homeless Transitional Forensic (in NYC)

• Assisted Outpatient Treatment (AOT)

• Forensic Supported Housing and ESSHI housing availability

• Reentry Toll Free Hotline

• Academy for Justice-Informed Practice

• Drop-in Center (in NYC)

OMH operates prison-based reentry and in-reach programs for individuals with serious mental

illness returning to communities, including the Community Orientation and Reentry Program

(CORP) at Sing Sing Correctional Facility, and the Safe Transition and Empowerment Program

(STEP) at Bedford Hills Correctional Facility. Both programs provide in-reach to incarcerated

patients from community providers three months prior to release to establish connections and

ease their transition into the community. STEP also provides transitional case management to

participants three to six months post-release. Both programs employ forensic peer specialists

who provide both in-reach groups and outreach engagement and care coordination services,

including a Drop-in Center in NYC that works closely with community supervision to facilitate 24/7

support for the forensic population. In 2015, OMH significantly expanded prison-based reentry-

Richard A. Van Dorn, et al. “Effects of outpatient treatment on risk of arrest of adults with serious mental illness and

associated costs,” Psychiatric Services, Vol. 64, No. 9, 856-62, 2013.

focused programming including cognitive behavioral and evidence-based interventions (e.g.,

Motivational Interviewing) and treatment for mental illness, violence risk and criminogenic needs.

In addition, CNYPC expanded their SMI Intermediate Care Programs to include specialized

reentry programs for men with histories of violence who are within 36 months of release.

OMH discharge planning begins at reception through mental health screening, collection and

review of community records and admission to caseload and treatment as clinically indicated.

CNYPC Pre-Release Services, in collaboration with DOCCS and the county Single Point of

Access (SPOA), applies for entitlements such as Social Security, Medicaid, the Medication Grant

Program, housing, care coordination and arranges post-release appointments with mental health

clinics, including PROS programs. After the applications are submitted, discharge planners work

with the local governmental units to ensure Medicaid is activated in a timely manner.

Some participants may have an Assisted Outpatient Treatment (AOT) order. In NYC, OMH

operates transitional forensic case management, including a team dedicated to those released to

shelters, where clients are serviced for a length of stay averaging 90 days. Service delivery is

based on the Critical Time Intervention (CTI) treatment model. Services provided include intensive

case management at a ratio of 1:12, pre-release contact with prospective client, comprehensive

needs assessment, referral and advocacy to obtain entitlement benefits and housing, psychiatry

services, and day of release warm handoff and coordination with service providers and community

supervision (if indicated). Pre-Release Services works in tandem with the providers and clients,

based on the clients’ needs.

Currently, DOCCS works with OMH to carry out the Parole Support and Treatment Program

(PSTP). PSTP is designed to facilitate community reentry for parolees with serious mental health

issues by utilizing supportive housing and case management programs. These programs provide

enhanced programming that includes evidence-based interventions, and in-reach to incarcerated

patients from community providers three months prior to release to establish connections and

ease their transition back into communities.

Implemented in 2014, the Academy for Justice-Informed Practice offers free specialized in person

(NYC), or web-based staff training focused on the education and skills required for working with

a justice-involved population. With a faculty of experts from across disciplines the Academy

delivers quality training programs that advance leading-edge information, teach best practices

and foster collaborative working relationships among training participants.

Behavioral health crisis clinics are also being established with extended hours, and for those with

immediate mental health issues to access in lieu of going to emergency rooms. In partnership

with 12 city agencies and nearly 200 non-profits, Thrive NYC’s programs reach people with the

highest need, those with serious mental illness, those affected by trauma and those living in

historically under-served neighborhoods.

Impediments

Challenges to mental health treatment in the community include difficulty in gaining access to

mental health programs due to waitlists for services and limited housing options. Related to the

access challenges, despite the progress in expediting Medicaid activation, lack of Medicaid

activation immediately upon release contributes to difficulty in accessing Medicaid services in the

community. In addition, stigma experienced by persons with mental illness is a well-documented

phenomenon, as is the stigma faced generally by those returning to the community from in-

carceration. For this reentry population, there is a double stigma associated with having a mental

health condition while also having a criminal history. The effects of this stigma can be seen in

employment, housing, and even accessing services. Case managers must often provide

significant advocacy on behalf of their clients to access services.

Substance Abuse and Addiction Services

Importance

DOCCS provides substance abuse treatment to individuals identified with a substance abuse

need while incarcerated. Immediately upon release, continuity and/or engagement into outpatient

or inpatient treatment services is essential to address any substance abuse or addiction use.

According to the Federal Reentry Coordination Council, “efforts to provide health care for

individuals while incarcerated, including mental health and substance use disorder treatment,

have a high risk of failure without continuity of care upon release.”

As all reentry efforts are

intended primarily to reduce recidivism, providing a continuum of robust substance abuse

treatment before and upon reentry is crucial. This is particularly true as demand for substance

abuse services overall increased during the COVID-19 pandemic, and a significant portion of the

incarcerated population need substance abuse treatment upon release.

DOCCS has for over 20 years recognized the importance of addressing substance abuse by

maintaining incarcerated pregnant females on MAT. More recently, DOCCS launched a program

that allowed incarcerated individuals that were stabilized on MAT in the community or a local

correctional facility to continue MAT while in DOCCS.

Initiatives

Many programs and services have been implemented and are available to maintain sobriety and

address substance use and addiction. Currently, DOCCS works in partnership with the Office of

Addiction Services and Supports (OASAS) to administer programs to assist individuals who have

relapsed to avoid re-incarceration.

In October 2021, Governor Kathy Hochul signed legislation that required DOCCS to establish an

MAT program in consultation with OASAS by October 2022.

The law requires DOCCS to offer

all forms of MAT, provide counseling and individualized treatment plans for those receiving MAT

services, develop reentry strategies for program participants, provide a one-week supply of

medication upon release, and develop procedures to assist parolees who relapse or fail a drug

test with treatment in lieu of arrest or reincarceration. Prior to the effective date, DOCCS

interviewed the under-custody population to identify individuals who self-identified as abusing an

opioid which is one component of a substance use disorder diagnosis under the Diagnostic and

Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). Through this process, DOCCS has

identified approximately 2,300 incarcerated individuals who are being prioritized to be seen by a

“Coordination to Reduce Barriers to Reentry: Lessons Learned from COVID-19 and Beyond,” 10.

See Chapter 432, Laws of 2021 with Approval Memo # 22.

medical professional to determine if a substance use disorder diagnosis is appropriate and which

treatment modality is best suited for the patient.

To facilitate services, DOCCS executed contracts with community-based Opioid Treatment

Providers (OTP) to provide methadone at forty-two (42) facilities and all DOCCS physicians

applied for and received their X Waiver, which provides DOCCS with the capacity to prescribe for

over 4,000 buprenorphine patients. The MAT program will enable DOCCS to treat opioid addiction

and substance use disorder more effectively, which will decrease the likelihood of relapse and

overdose in the community following release. As of November 2022, there are over 750

incarcerated individuals receiving MAT in DOCCS facilities.

DOCCS also trains the incarcerated population on the use of Narcan, which is administered to

individuals who are experiencing an overdose and offers a Narcan kit to every incarcerated

individual upon release. Training on the proper use of this life-saving tool is especially critical for

justice-involved populations as the risk of overdose is significantly higher immediately upon

release.

Outpatient programs and services, inpatient programs and services, detox beds, naloxone

training, recovery fitness programs and centers, Open Access Clinics, OASAS/ Single Room

Occupancy’s housing initiatives, MAT programs within DOCCS facilities and communities, and

the County Reentry Task Force (CRTF) assist with finding appropriate treatment for these

individuals. To assist persons with their reentry, two pilot reentry peer programs have been

established through two OASAS certified agencies (Exponents, Inc. and The Fortune Society).

Impediments

There are several contributing factors that have the potential to lead to individuals being unable

to receive necessary substance use treatment or programming. The COVID-19 pandemic has

contributed to barriers in receiving treatment and alternative ways to attend programs. The

following essential programs need further support for requirements to be met. There are barriers

for access and timeliness for chemical dependency evaluation emergencies and non-emergencies,

delays in access to inpatient/residential treatment program beds , and an overall lack of detox

beds. The recent launch of the Supportive and Intensive Crisis Stabilization Centers across the

State should help alleviate some of these delays. Once the Stabilization Centers are open patients

will have 24-hour access to screenings and assessments for Substance Use and Mental Health

Disorders. Moreover, upon release, there is the potential for unsafe housing situations where the

individual cannot escape the substance abuse situation(s) in a timely manner, since illegal

substances continue to be easily accessible. Finally, there is a delay in continuing MAT in the

community due to lack of and location of providers.

Employment

Importance

Assisting formerly incarcerated individuals with obtaining gainful and long-term employment is

crucial to their financial sustainability and empowers individuals to become contributing members

to their families and communities. Most significantly, stable employment is the number one

predictor of preventing recidivism.

Inversely, poverty and unstable employment increase rates

of recidivism. In fact, around 50% of individuals with two or more arrests in the past twelve months

makes under $10,000 annually, pointing to the impact of supporting returning citizens to obtain

substantial employment.

As the unemployment rate for the formerly incarcerated usually hovers

around 30%, formerly incarcerated individuals face immense financial barriers upon release. The

following programs and policies represent positive steps towards addressing this.

Initiatives

There are many resources available to help individuals gain successful employment upon release.

Individuals can obtain services through a range of public and private resources including

assistance from Department of Labor Career Centers, nonprofit organizations and help through

social services districts for those receiving public assistance benefits. As part of these efforts,

certain bans on employment are removed via a Certificate of Relief or Certificate of Good Conduct

granted by DOCCS and/or the ability to seal non-violent convictions.

Several initiatives work towards the dual-purpose of removing barriers and creating opportunities.

Through New York State’s Work for Success (WFS) Initiative, DOCCS and the Department of

Labor (DOL) have worked together to provide formerly incarcerated with job readiness training

and employment referrals.

Through pre-employment and job placement assistance, the program aims to reduce the high

unemployment rate among New Yorkers returning from prison. DOCCS reentry staff evaluate

formerly incarcerated individuals before referring them to the initiative as well as provide training

for them. Businesses who take part in the initiative are expected to benefit significantly by

positively contributing to this population and benefit in several other ways. Under WFS,

businesses that hire formerly incarcerated individuals can:

• Attain up to $2,400 in federal tax credits (WOTC) for each formerly incarcerated person

they hire

• Earn up to $25,000 in fidelity bonding coverage for employing eligible job seekers

• Hire qualified and highly skilled employees

The DOL Work for Success (WFS) staff are located in Albany, Syracuse, Buffalo, Bronx, Brooklyn,

Massapequa, Nassau County (Hicksville and Hempstead), and Orange County (Middletown and

Newburgh).

According to the Department of Labor, employers who have taken part in the initiative have been

very receptive to the project. Many have highlighted the positive impact of the initiative. They

perceive it as a way of challenging the stereotypes that have generally been associated with

persons who have been formerly incarcerated. In addition, those businesses who have

participated in the initiative stress that this is a way of helping someone have a new beginning.

Kristy Holtfreter, Michael D. Reisig and Merry Morash, “Poverty, State Capital, and Recidivism Among Women

Offenders,” Criminology and Public Policy, Vol. 3, No. 2, March 2004.

Alexi Jones and Wendy Sawyer, “Arrest, Release, Repeat: How Police and Jails are Misused to Respond to Social

Problems,” Prison Policy Initiative, August 2019.

Additionally, employers cannot refuse to hire someone because he or she has been previously

convicted of one or more criminal offenses, or because of a belief that a conviction record

indicates a lack of “good moral character,” unless:

• There is a direct association between one or more of the previously incarcerated person and

the employment sought or held

• Employing or continuing to employ the person would involve an unreasonable risk to

property or to the safety or welfare of specific individuals or the general public

The New York State Human Rights Law protects individuals with prior arrest records that were

positively resolved or resulted in sealed convictions or youthful offender adjudications.

The WFS

initiative is vital in helping successfully reintegrate and stabilize formerly incarcerated individuals.

An array of policies and guidelines have been established to remove employment barriers for

reentering citizens. In April 2019, legislation removed bans for people convicted of criminal

convictions to be eligible for real estate, insurance adjuster, and notary public licenses. Applicants

now receive individualized consideration required by New York’s anti-discrimination statute. This

followed 2015 guidance from the Governor’s Office to create a presumption towards granting an

occupational license (for example for a barber or a paramedic), unless an individualized

assessment of an applicant’s criminal record found that person to be unsuitable for that license

under New York’s anti-discrimination statute governing licensing and employment. New York

State law (Article 23-A) was a first in the nation regulation that prohibited insurance companies

from denying insurance coverage to businesses that hire people with criminal convictions. “Fair

Chance Hiring” for New York State Agencies details that applicants for positions in executive

agencies are not required to discuss or disclose information about prior convictions until and

unless the agency has interviewed the candidate and is interested in hiring him or her. Finally, a

series of criminal record reforms enacted as of April 2019 remove arrest charges not leading to a

conviction. The criminal records now report only actual convictions and pending arrests to

potential employers, the only information that employers can lawfully consider when hiring.

The Governor’s office—in conjunction with DOCCS—has increased vocational training to connect

in-prison trades training to growing job fields in the community, including a cosmetology training

program that results in the opportunity to obtain a New York State occupational license in

appearance enhancement, all from prison. Training in the culinary arts has also been expanded,

as well as green industry trades, namely solar panel repair. With this training and the resulting

credentials, individuals will make themselves more desirable candidates in the job application

process. In 2017, legislation was signed that added three new Limited Credit Time Allowance

(LCTA) programs: the DMV Call Center Program; vocational culinary arts training; and Food

Production Center. These programs provide job training and skills that prove highly valuable for

those reentering society.

“Ban the Box” is a movement that advocates for the passing of laws which protect persons

involved with the criminal justice system. The main purpose for Ban the Box is to eliminate the

checkbox in applications that asks applicants to mark whether they have a criminal history. This

is to increase employment prospects for those who are reentering into society, an issue that has

“Work For Success,” NYS Department of Labor, n.d.

been cited throughout this report. In 2008, unemployment amongst formerly incarcerated people

was almost five times higher than the overall labor force which was at 27%.

Additionally, several

studies find that serving time in prison puts individuals at a greater risk when searching for

employment. Specifically, it reduces lifetime employment by as much as one-third. Ban the Box

works to mitigate these issues.

Signed in December 2019 to take effect in December 2021, a federal Ban the Box prohibited the

federal government and its contractors from inquiring about an applicants’ criminal history before

extending a conditional offer of employment in the United States.

In New York City, the Fair Chance Act is a Ban the Box law that is applicable to all NYC public

and private employers that have 4 or more employees.

With that being said, employers can ask

about unsealed misdemeanors, any pending charges and felony convictions. Any past arrest that

did not lead to a criminal conviction does not need to be shared.

Through Governor Hochul’s “Jails to Jobs” initiative announced in the 2022 State of the State,

DOCCS is implementing several new programs to enhance employment opportunities for

individuals following their release.

First, the Department is establishing new vocational and job readiness programs within its

institutions to train incarcerated individuals to develop the skills that are highly sought after in

today’s job market. This includes a new Commercial Driver’s License (CDL) program and the

expansion of the Reentry Computer Labs to additional facilities. The United States is currently

experiencing a large shortage of commercial truck drivers and the CDL program will train

incarcerated individuals in this field with promising job prospects in the community. DOCCS has

identified six (6) facilities for this program—Bedford Hills, Collins, Eastern, Gouverneur, Orleans,

and Sing Sing—and is in the process of purchasing CDL simulators which will provide participants

with realistic driving scenarios and weather conditions.

Additionally, DOCCS Division of Education has formed a Vocational Education Re-imaging

Steering Committee whose mission is to ensure that incarcerated individuals have the skills to

meet current industry standards to obtain gainful employment or enroll in a post-secondary school

upon re-entry into the community. The Committee will assess all current programming, develop

new programs based on industry need, review and update technology and equipment, identify

and implement evidence-based teaching strategies and methods, identify learning disorders so

that all students will be able to be successful in their vocational education pursuits, and develop

a streamlined process for job placement so that releasees have obtained meaningful employment

prior to their release. The Division of Education is also establishing several new and forthcoming

programs and initiatives:

• DOCCS is working with community colleges to establish college credit for vocational

students

• Auto Tech programs will be implemented at select facilities. These programs will prepare

students to take the Automotive Service Excellence entry-level exams.

Michael Hartman, “Ban the Box: Policy Snapshot,” National Conference of State Legislatures, June 2022.

Hartman, “Ban the Box: Policy Snapshot.”

“NYC Commission on Human Rights Legal Enforcement Guidance on the Fair Chance Act, Local Law No. 63

(2015),” NYC Commission on Human Rights, June 2016.

• DOCCS is working with various industry groups and private employers to provide job

placement for releasees

• DOCCS is exploring sustainability development programs that will provide training for

incarcerated and help DOCCS meet its energy savings goals

• DOCCS is in the process of selecting a computer coding program. Upon completion of the

program, students will be Full-Stack Developers, the equivalent of a Computer Programmer.

• DOCCS is partnering with the Capital District Educational Opportunity Center (EOC) to

enhance reentry services. EOC offers academic support, trade skills knowledge, and offers

third-party, industry recognized certifications. Students can earn college credits through

community colleges. EOC also offers employment assistance for students.

• DOCCS continues to arrange for various certifications like Occupational Safety and Health

Administration (OSHA) 10 program, National Center for Construction Education and

Research certifications for nine trades, Servesafe, Cosmetology and Barbering licenses,

Cleaning Management Institute certifications, Environmental Protection Agency Section 608

Technician certification, Microsoft Office Suite certifications, Internet Core Competency

certification, and Groom Elite certification.

• DOCCS also offers DOL apprenticeships in 12 vocational trades

In November 2021, the first-of-its-kind Reentry Computer Lab was launched at Queensboro CF

located in Long Island City, Queens. The Reentry Computer Labs enable incarcerated individuals

to search for employment, education, and social service opportunities, type and save resumes

and cover letters, and schedule interviews for after they are released to the community. These

resources improve career building skills and increase linkages with the community in advance of

an individual’s release date. The Department has identified eight (8) facilities to expand this

initiative to—Albion, Collins, Edgecombe, Fishkill, Hudson, Lakeview, Orleans, and Taconic—and

has ordered all equipment and supplies needed to operationalize this program.

Second, DOCCS is partnering with the Division of Criminal Justice Services (DCJS) to administer

Workforce Development Specialist Training (WDS) for parole officers and community supervision

re-entry services staff. The WDS training provides participants with skills needed to effectively

work with the releasee population to enhance career planning and will aid in refocusing

community supervision’s efforts on expanding employment opportunities for the individuals under

their supervision. This program was created by the National Institute of Corrections (NIC) and

includes 180 hours of classroom training, self-study, and practical experience. Following the

completion of the training weeks, each participant must facilitate a Ready, Set, Work! group within

60 days of training completion and complete at least 4 groups by December 31, 2023. The first

cohort of eighteen (18) community supervision staff graduated from the training class on July 1,

2022. DOCCS is also in the process of hiring an Employment Parole Officer in each region—

seven (7) in total—and will conduct a second training through DCJS once those positions are

filled.

Lastly, the Governor advanced legislation in the FY 2023 Executive Budget to cease the collection

of supervision fees. By law, these fees were imposed on individuals under community supervision

and served to increase the economic burden placed on a population that already struggles to find

employment due to the stigma associated with their incarceration. This outdated and counter-

productive practice was removed from law with the passage of the FY 2023 Enacted Budget and,

effective April 2022, DOCCS ceased the collection of these payments. This action will lessen the

financial burden placed on releasees and offer additional economic security for these individuals

and their families.

Impediments

While employment services are generally available, individuals re-entering the community from

incarceration often have barriers to gainful employment including stigma associated with having

been incarcerated, as well as often having limited formal education and training credentials.

These barriers—combined with limited financial means to cover employment search related costs

such as transportation and childcare—can lead to extended periods of unemployment. Critical to

this perspective, we must acknowledge that the barriers to stable, long-term employment that

formerly incarcerated individuals face are compounded by a multitude of other issues. Identifying

solutions from the voices of the formerly incarcerated—a strategy that is supported by the federal

government— is a key start to addressing this in a more holistic way.

Education

Importance

Education is a strong investment towards preventing recidivism within formerly incarcerated

populations; one study even found it to be a “producer of public safety.”

Logically, education is

directly connected to employment outcomes, which is another key indicator to reducing

recidivism. In fact, one meta-analysis identified that formerly incarcerated individuals who

received educational programming—either through vocational or academic programs—were 13%

more likely to obtain employment post-release.

Maintaining and expanding investments in

education is a data-driven policy decision to reduce recidivism.

Among individuals in DOCCS custody with an academic need who were released in 2021, 93%

had addressed their academic need, meaning they either participated in programming or were

offered an opportunity to participate in academic programming. Among those first released in

2021 with an academic need, 58% had satisfied their academic need or were still participating in

programming at the time of release.

Among 2015 releases from DOCCS with an academic need, those who successfully completed

academic programming returned to custody within 3 years at a lower rate (33%) than those who

did not complete academic programming (40%). Among 2018 releases from DOCCS with an

academic need, those who successfully completed academic programming returned to custody

within 3 years at a lower rate (24%) than those who did not complete academic programming

(27%).

“Coordination to Reduce Barriers to Reentry: Lessons Learned from COVID-19 and Beyond,” 19.

Anna Jacobs and Marsha Weissman, “Mapping the Landscape of Higher education in New York State Prisons,”

John Jay College Prisoner Reentry Institute, February 2019, vii.

Lois M. Davis et al., “Correctional Education and Where Do We Go From Here? The Results of a Comprehensive

Evaluation,” RAND Corporation, 2014.

From the institutional perspective, educational programming is also considered an asset.

DOCCS administrators view these programs and their impact favorably, demonstrating twofold

benefits towards investment, even before quantifying the return-on-investment to taxpayers.

It should be noted that during the COVID-19 pandemic, packets of work were created and

delivered to students enrolled in academic education at their housing units and teachers

interacted by picking up the packets and providing feedback on the work. Additional packets were

delivered as one was collected. Additionally, through the collaboration between facility Deputy

Superintendents for Programs and college providers, college courses were able to be delivered

to students on a correspondence basis. College providers would deliver the course documents to

the Deputy Superintendents who would in turn ensure the documents were delivered to the

students and previous work would be collected and returned to the college providers.

While college providers were not allowed into the facilities during the pandemic, the Department

was able to use technology and other creative solutions to continue instruction. The colleges were

able to use Department speakerphones, televideo equipment, and secure messaging to com-

municate in a meaningful way with the college students.

Initiatives

In 1995, a law was passed in New York that prohibited incarcerated people from being eligible for

state financial aid through the Tuition Assistance Program (TAP). This ban severely limited the

amount of funding available for college programs in DOCCS facilities, even though college

participation has been found to be one of the strongest indicators of rehabilitation and successful

community reentry. In Governor Hochul’s FY 2023 Enacted Budget, legislation was signed to

remove this prohibition and restore TAP funding for incarcerated students. The restoration of this

critical funding stream will catalyze additional college programs in DOCCS facilities in the years

to come. Not to be forgotten, we should follow the United States Department of Education and

Office of Federal Student Aid’s continuous monitoring and evaluation efforts to assess how

incarcerated students are accessing (or are barred from accessing) Pell Grant funding (albeit

within the framework of TAP).

Congress restored Pell Grant funding in December 2020.

Similarly, on the national level, the FAFSA Simplification Act of 2021 (FSA) eliminated a 1994

provision in the Higher Education Act that prohibited incarcerated postsecondary students from

receiving Pell Grants. However, the law required that such students be served by “prison

education programs” (PEPs) to qualify for Pell subsidies. Subsequent regulations issued by the

U.S. Department of Education impose several additional mandates on the state to approve the

PEPs operating in the state’s correctional facilities. While the removal of the prohibition of

incarcerated students from receiving Pell grants is a welcome change on the national level, the

additional mandates imposed by the regulations will likely impact the future of college programs

in DOCCS facilities. Therefore, the state should closely monitor developments regarding this

program and carefully evaluate the impacts it will have on college prison programs operating in

New York State.

Jacobs and Weissman, vii.

“Coordination to Reduce Barriers to Reentry: Lessons Learned from COVID-19 and Beyond,” 20.

The Department has placed a strong emphasis on expanding college programs in its facilities.

There are currently 29 college programs operating in 36 correctional facilities. As of September

2022, there were approximately 1,600 incarcerated students enrolled in college programs.

College programming will continue to be prioritized to maximize the educational offerings

available to the incarcerated population.

In addition to the restoration of TAP funding, the SUNY Board of Trustees voted on September

14, 2016, to remove prior convictions from consideration to admission to SUNY schools. Though

schools will inquire about convictions for students seeking campus housing or participation in

internships, clinical experiences, and study abroad, this Ban the Box action removed a significant

barrier for individuals previously involved in the justice system that was not associated with

campus safety.

Impediments

Currently, there are impediments to equitable and wide-scale academic programming across

correctional facilities. Before the loss of Pell and TAP eligibility, there were 70 higher education

programs in New York State Prisons; in 2019 there were 15 programs across 25 DOCCS

facilities.

Providing resources to equitably distribute academic programming would meet some

of that demand. Leveraging the SUNY system, which currently operates in more than 20 prisons,

is one way to ensure this distribution.

ADDITIONAL CONSIDERATIONS

Less Is More. Signed into law in September 2021, the Less is More Act (Chapter 427, Laws of

2021) has also impacted reentry, primarily through the amendment relating to Earned Time

Credits (ETCs).

Under this provision, for every 30 days without a violation, an individual earns

30 days of Earned Time Credits, with a maximum of two years of retroactive Earned Time Credits.

ETC reports are automatically issued every 180 days and are retroactive to the initial date of

community supervision. These ETCs are revoked for 30 days after a sustained violation.

Less is More is extremely impactful for formerly and currently incarcerated individuals. It modifies

the standard of evidence and certain other procedures when determining whether to revoke the

community supervision of a person on parole. The “Less is More Act” aims to ensure that DOCCS

focuses its resources on helping people successfully complete community supervision and

avoiding future return to DOCCS custody or supervision. Preventing reincarceration allows New

York State to focus its limited resources on more substantive parole violations. This promotes

greater community safety and justice for families and develops a stronger perception of the

legitimacy of the criminal justice system.

Raise the Age. Included within the Raise the Age legislation is a provision that grants individuals

previously convicted of certain crimes the opportunity to apply to have their criminal record sealed

effective October 7, 2017. An application for sealing cannot be made until at least ten years has

passed since the individual’s date of conviction or date of release from confinement. The

individual must have also remained crime-free during that time. Individuals who were convicted

Jacobs and Weissman, vii

See Chapter 427, Laws of 2021.

of two or more felonies, a sex offense, violent felony, or other specified serious felonies are not

eligible to have their records sealed. This provision will not impact the information available to law

enforcement. Rather, it will enhance a previously convicted individual’s ability to find employment

and reintegrate into their community by removing the stigma of a previous conviction for someone

that has turned their life around. This represents a major step forward for New York, which

previously only allowed criminal record sealing for juveniles and people who completed drug

treatment under provisions of the Rockefeller drug law reform.

Executive Order 181: Restoration of Voting Rights. In April 2018, Executive Order 181 was

issued, which states that individuals under community supervision will be given individualized

consideration for a conditional pardon to restore their voting rights. Under this program, more than

67,000 conditional pardons were granted to people on parole. On May 4, 2021, signed legislation

(Chapter 103, Law of 2021 with Approval Memo #6) permanently restored the right to vote to for

New Yorkers who are successfully serving a period of community supervision.

Certificates of Relief. In 2015, the Governor’s office instituted a streamlined process for the

issuance of Certificates of Relief from Disabilities (available to people convicted of up to one

felony) to eligible individuals leaving prison without them having to apply. These certificates are

helpful documents that create a presumption of rehabilitation for eligible people, and the automatic

issuance of these certificates enables a more seamless transition to the community.

Conclusion

While community reentry remains an ongoing challenge and priority for each agency, OTDA and

DOCCS have made great strides to enhance communication, policies, and practices to remove

barriers to reentry for individuals released from state custody. OTDA and DOCCS will continue to

strengthen inter-agency partnerships to achieve their shared vision of enhancing economic and

social opportunity for justice-involved populations. Both agencies look forward to the continued

implementation of the exciting new initiatives laid out in the Governor’s agenda and leveraging

new partnerships with non-profits, academia, and the private sector to create meaningful

pathways to success for returning citizens.

Chapter 103, Law of 2021 with Approval Memo #6.