senate Bill S969
(D, WF) 36th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding licensures and employment of persons previously convicted of one or more criminal offenses.
TITLE OF BILL:
to amend the correction law, in relation to
the definition of "direct relationship" for the purposes of article
23-A of the correction law regarding the licensure and employment
of persons previously convicted of one or more criminal offenses
This bill will curtail unlawful discriminatory practices against
persons with criminal records and help to ensure that employers abide
by the provisions of Article 23-A of the correction law.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the correction law to revise the
definition of "direct relationship" and to establish that a denial of
employment or a license based on a criminal record, must be based on
the connection between the specific duties or responsibilities of the
job or license and the nature of the criminal conviction. Such
connection must create an unreasonable risk to property or public
Section 2 of the bill makes conforming changes to the corrections Law.
Section 3 of the bill provides that the act shall take effect on the
ninetieth day after it shall have become law.
Upon return to the community following incarceration, individuals are
expected to find and maintain gainful employment. Finding effective
ways to manage their reentry into the workforce is critical to
promoting public safety and curbing recidivism rates and the high
costs of reincarceration. Unfortunately, many employers maintain
blanket barriers to employment based solely on criminal conviction
records even when the conviction may be completely unrelated to the
job sought and no threat to the public or property is present.
Article 23-A of the correction law prohibits discrimination against a
person with a criminal record unless the duties or responsibilities
of the job or license sought are directly related to the conviction.
This bill will help to ensure that employers abide by the standards
of Article 23-A and do not automatically disqualify applicants based
only on a criminal conviction.
2009-10: S.4368-B/A.8065-A (Aubry)- Referred to Crime Victims, Crime and
2009: Similar Legislation, A.5330, Was Referred to
Successful re-entry and re-integration of formerly incarcerated
individuals will increase state revenues through the inclusion of
thousands of able bodied, 'taxpaying citizens' to the state's
workforce; additional savings to the state will be gained from a
reduction in costs associated with recidivism, re-incarceration and
LOCAL FISCAL IMPLICATIONS:
This act will take effect on the ninetieth day after it shall have
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