New York Senate Bill S01806

New York 2025-2026 Regular Session

• Introduced: 1/14/25
• Refer: 1/14/25

Caption

Prohibits correctional facilities from denying entry to peer support advocates who are certified or licensed and are participating in the provision of corrections-based substance use disorder treatment and transition services based on such advocates' prior history of incarceration.

Summary

S01806 amends the New York correction law to add a new section requiring correctional facilities to permit entry to certain peer support advocates who are certified or licensed by a state agency, a state-authorized entity, or a nationally recognized accrediting body. The bill applies to advocates participating in corrections-based substance use disorder treatment and transition services, including medication-assisted treatment under the mental hygiene law. The core rule is that these advocates may not be unreasonably denied entry solely because they have a prior history of incarceration. In effect, the bill seeks to prevent blanket exclusion of formerly incarcerated peer specialists from working inside jails or prisons when they are providing approved treatment and reentry-related services.

Impact

The bill would add a new section 138-b to the correction law and create a statutory protection for qualified peer support advocates seeking access to correctional facilities. It would limit facility discretion to deny entry when the only basis is the advocate’s prior incarceration, while leaving room for denials based on other legitimate security, credentialing, or operational concerns. The measure is tied to corrections-based substance use disorder treatment and transition services, and it references medication-assisted treatment under section 19.18-c of the mental hygiene law, linking correctional access policy to existing behavioral health and reentry service frameworks.

Sentiment

The available legislative context suggests generally favorable sentiment toward the bill. It was introduced, reported favorably from the Senate Committee on Crime Victims, Crime and Correction, and advanced through multiple readings, indicating committee support and no recorded opposition in the provided materials. The bill’s framing reflects a rehabilitative and reentry-oriented approach, emphasizing the value of lived experience in peer support work.

Contention

No committee transcript or recorded vote data was provided, so specific objections are not documented in the materials. The likely area of contention is the balance between rehabilitation and institutional security: the bill restricts facilities from denying access solely due to prior incarceration, which could raise concerns among correctional administrators about screening and safety. Supporters, by contrast, would likely argue that prior incarceration should not disqualify qualified peer advocates from delivering substance use disorder treatment and transition services, especially where their experience may improve trust and outcomes.