S T A T E O F N E W Y O R K
________________________________________________________________________
617
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the correction law, the executive law and the election
law, in relation to voter registration applications provided to
ex-felons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 75 to
read as follows:
S 75. DISCHARGE; PROVISION OF VOTER REGISTRATION FORM. 1. UPON THE
DISCHARGE FROM A CORRECTIONAL FACILITY OF ANY UNITED STATES CITIZEN WHO
HAS FULLY COMPLETED A SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A
FELONY, THE DEPARTMENT SHALL PROVIDE SUCH CITIZEN WITH A FORM OF APPLI-
CATION FOR VOTER REGISTRATION BY MAIL TOGETHER WITH WRITTEN INFORMATION
DISTRIBUTED BY A BOARD OF ELECTION ON THE IMPORTANCE AND THE MECHANICS
OF VOTING.
2. THE COMMISSIONER SHALL, ON OR BEFORE THE FIFTEENTH DAY OF EACH
MONTH, TRANSMIT TO THE SECRETARY OF STATE A LIST OF ALL PERSONS WHO,
DURING THE PRECEDING CALENDAR MONTH, HAVE BEEN RELEASED FROM CONFINEMENT
IN A CORRECTIONAL INSTITUTION OR FACILITY OR A COMMUNITY RESIDENCE AND,
IF APPLICABLE, DISCHARGED FROM PAROLE. SUCH LISTS SHALL INCLUDE THE
NAMES, BIRTH DATES AND ADDRESSES OF SUCH PERSONS, WITH THE DATES OF
THEIR CONVICTIONS. THE SECRETARY OF STATE SHALL TRANSMIT SUCH LISTS TO
THE REGISTRARS OF THE MUNICIPALITIES IN WHICH SUCH CONVICTED PERSONS
RESIDED AT THE TIME OF THEIR CONVICTIONS AND TO THE REGISTRARS OF ANY
MUNICIPALITIES WHERE THE SECRETARY BELIEVES SUCH PERSONS MAY BE ELEC-
TORS.
S 2. Subdivision 2 of section 259-j of the executive law, as separate-
ly amended by section 10 of part F and section 1 of part N of chapter 62
of the laws of 2003, is amended to read as follows:
2. A merit termination granted by the division of parole under this
section shall constitute a termination of the sentence with respect to
which it was granted. No such merit termination shall be granted unless
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00064-01-9
A. 617 2
the division of parole is satisfied that termination of sentence from
presumptive release, parole or from conditional release is in the best
interest of society, and that the parolee or releasee, otherwise finan-
cially able to comply with an order of restitution and the payment of
any mandatory surcharge previously imposed by a court of competent
jurisdiction, has made a good faith effort to comply therewith. UPON
SUCH DISCHARGE, THE BOARD OF PAROLE SHALL PROVIDE ANY SUCH UNITED STATES
CITIZEN PAROLEE WITH A FORM OF APPLICATION FOR VOTER REGISTRATION BY
MAIL TOGETHER WITH WRITTEN INFORMATION DISTRIBUTED BY A BOARD OF
ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF VOTING.
S 3. Subdivision 1 of section 259-j of the executive law, as amended
by chapter 738 of the laws of 2004, is amended to read as follows:
1. Except where a determinate sentence is imposed for a violent felony
offense as defined in section 70.02 of the penal law, or a sentence with
a maximum term of life imprisonment was imposed for a felony other than
a felony defined in article two hundred twenty of the penal law, if the
board of parole is satisfied that an absolute discharge from parole or
from conditional release is in the best interests of society, the board
may grant such a discharge prior to the expiration of the full maximum
term to any person who has been on unrevoked parole or conditional
release for at least three consecutive years. A discharge granted under
this section shall constitute a termination of the sentence with respect
to which it was granted. No such discharge shall be granted unless the
board of parole is satisfied that the parolee, otherwise financially
able to comply with an order of restitution and the payment of any
mandatory surcharge, sex offender registration fee or DNA databank fee
previously imposed by a court of competent jurisdiction, has made a good
faith effort to comply therewith. UPON SUCH DISCHARGE, THE BOARD OF
PAROLE SHALL PROVIDE ANY SUCH UNITED STATES CITIZEN PAROLEE WITH A FORM
OF APPLICATION FOR VOTER REGISTRATION BY MAIL TOGETHER WITH WRITTEN
INFORMATION DISTRIBUTED BY A BOARD OF ELECTIONS ON THE IMPORTANCE AND
THE MECHANICS OF VOTING.
S 4. Subdivision 2 of section 5-106 of the election law, as amended by
chapter 373 of the laws of 1978, is amended to read as follows:
2. No person who has been convicted of a felony pursuant to the laws
of this state, shall have the right to register for or vote at any
election unless [he] SUCH PERSON shall have been pardoned or restored to
the rights of citizenship by the governor, or [his] SUCH PERSON'S maxi-
mum sentence of imprisonment has expired, or [he] SUCH PERSON has been
discharged from parole. The governor, however, may attach as a condition
to any such pardon a provision that any such person shall not have the
right of suffrage until it shall have been separately restored to him.
UPON THE EXPIRATION OF SUCH PERSON'S MAXIMUM SENTENCE OF IMPRISONMENT,
OR UPON SUCH PERSON'S DISCHARGE FROM PAROLE, THE COMMISSIONER SHALL IN
THE CASE OF ANY CITIZEN SEND A NOTICE OF VOTER ELIGIBILITY TO THE APPRO-
PRIATE BOARD OF ELECTIONS VERIFYING THE FORMER INMATE'S OR PAROLEE'S
ELIGIBILITY TO REGISTER TO VOTE AND TO VOTE, AND SHALL MAIL THE SAME
NOTICE TO THE FORMER INMATE OR PAROLEE.
S 5. This act shall take effect immediately, provided that the amend-
ments to section 259-j of the executive law made by section two of this
act shall be subject to the expiration and reversion of such section
pursuant to section 74 of chapter 3 of the laws of 1995, as amended,
when upon such date the provisions of section three of this act shall
take effect.