Bill > S310

Introduced Session

This bill empowers the Department of Corrections, in consultation with the Department of Human Services, to establish a program to allow any inmate with a disability to apply to utilize the assistance of an incarcerated person companion animal or service animal on-site at a State correctional facility in a manner and at certain times as are feasible for the inmate population. Pursuant to this bill, the Assistant Commissioner of the Division of Operations in the Department of Corrections (Assistant Commissioner) is to implement and manage the program by: (1) interfacing with agencies that provide incarcerated person companion animals and service animals to inmates with a disability; and (2) appointing appropriate staff to provide information to inmates regarding various mental health disorders that impact the inmate population and information regarding the program established pursuant to this bill, which authorizes an inmate with a disability to apply to utilize the assistance of an incarcerated person companion animal or service animal on-site at a State correctional facility. The Commissioner of Corrections (commissioner) is to establish a process by which an inmate, who utilizes the assistance of a service animal prior to being sentenced to a correctional facility, shall be permitted to submit the inmate's service animal for evaluation to determine whether it is feasible or necessary for the inmate to continue to utilize the assistance of the service animal on-site at a State correctional facility in accordance with the provisions of this bill. Further, the Commissioner is to establish a process by which an inmate, who desires to have access to a service animal after being sentenced to a State correctional facility, may submit a written request to the Assistant Commissioner on a form and in a manner prescribed by the Commissioner. Thereafter, an evaluation of potential service animal placements shall be conducted to determine whether sufficient need and feasibility exists for the request to be granted. The Commissioner also is to establish a process by which an inmate, who desires to have access to an incarcerated person companion animal after being sentenced to a correctional facility may submit a written request to the Assistant Commissioner on a form and in a manner prescribed by the Commissioner. Within 30 days of the Assistant Commissioner's receipt of a written request, an evaluation of potential incarcerated person companion animal placement is to be conducted to determine whether sufficient need and feasibility exists for the approval of the request. Prior to permitting an incarcerated person companion animal or service animal at any correctional facility, an inmate who has an existing service animal, or the agency that is providing access to an incarcerated person companion animal or new service animal, as appropriate, is to provide documentation to the Commissioner that the animal has had all necessary vaccines and immunizations as required by law and the rules and regulations established pursuant to this bill. The Commissioner, in consultation with the Commissioner of the Department of Human Services, are to adopt rules and regulations to effectuate the provisions of this bill, which are to include, but not be limited to, certain logistical procedures relative to having the incarcerated person companion animals and service animals in State-owned correctional facilities. The bill also appropriated from the General Fund to the Department of Corrections such funds as necessary for the implementation of the bill, as certified by the Commissioner, respectively, and subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury. Service animals have a long history of performing crucial tasks and fulfilling a significant role in the daily activities of many people with disabilities, including but not limited to providing a calming influence and connection to the familiar in unfamiliar or stressful surroundings. And companion animals have been determined to be extremely effective at ameliorating the symptoms of certain mental disabilities. Further, an overarching goal of the criminal justice system is rehabilitation and assisting an inmate's development for successful re-entry into society. The sponsor's position is that allowing inmates with a disability to have access to a service or companion animal on correctional facility grounds will enhance the rehabilitative process and help the inmate reach his or her full potential.

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Brian Stack (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

Official Document