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What is NYC AC § 9-127.1?

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This section defines the terms related to discharge planning for eligible incarcerated individuals, including the development of a discharge plan that addresses their unique needs upon release. The statute mandates that a designee of the department create a discharge plan prior to the individual's release, with exceptions noted. Applies to the Department of Corrections and Community Supervision.

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§ 9-127.1 Discharge planning.

AC § 9-127.1

a. As used in this section, the following terms have the following meanings: Discharge plan. The term "discharge plan" means a plan describing the manner in which an eligible incarcerated individual will be able to receive re-entry services upon release from the custody of the department to the community. A discharge plan shall, to the extent practicable, be designed to address the unique needs of each eligible incarcerated individual, including but not limited to the incarcerated individual's geographic location upon release from the custody of the department, specific social service needs if applicable, prior criminal history, and employment needs. Eligible incarcerated individual. The term "eligible incarcerated individual" means a person who served a sentence of 30 days or more in the custody of the department, and who is being released from the custody of the department to the community. Re-entry services. The term "re-entry services" means appropriate programming and support planning offered to an incarcerated individual upon release from the custody of the department to the community, as well as follow-up support offered to the incarcerated individual after his or her release. Such programming, support planning, and follow-up support shall include case management and connections to employment, and other social services that may be available to such incarcerated individual upon his or her release. b. Prior to the release of an eligible incarcerated individual from the custody of the department, a designee of the department shall to the extent practicable develop and offer to such incarcerated individual a discharge plan. Discharge plans developed pursuant to this section shall not be required when, upon release from the custody of the department, an incarcerated individual is transferred to the custody of another government agency or to the custody of a hospital or healthcare provider, or where a discharge plan is otherwise required by law. (L.L. 2017/167, 9/8/2017, eff. 6/1/2018; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)

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