NY State Assembly Bill 2009-A6853

Assembly Bill A6853

2009-2010 Legislative Session

Requires written notice be given to inmates discharged from prison and parolees discharged from parole or conditional release of such persons' eligibility to vote

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to correction
May 27, 2009	print number 6853a
May 27, 2009	amend and recommit to correction
Mar 13, 2009	referred to correction

Bill Amendments

Original

A (Active)

2009-A6853 - Details

Current Committee:: Assembly Correction

2009-A6853 - Summary

Requires the department of correctional service to provide every person completing a sentence of imprisonment for a felony, with written notice of such person's eligibility to register to vote and to vote after such discharge from prison; requires the board of parole to provide every person discharged from parole or conditional discharge, with written notice of such person's eligibility to register to vote and to vote after such discharge.

2009-A6853 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6853

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2009
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law and the executive law, in relation to
  requiring  persons  released  from  prison  or parole to be advised of
  their eligibility to vote

  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;  NOTIFICATION  OF  ELIGIBILITY  TO  VOTE.  UPON THE
DISCHARGE FROM A CORRECTIONAL FACILITY  OF  ANY  PERSON  WHO  HAS  FULLY
COMPLETED A SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A FELONY, THE
DEPARTMENT  SHALL  PROVIDE  SUCH  PERSON  WITH  WRITTEN NOTICE THAT SUCH
PERSON IS ELIGIBLE TO REGISTER TO VOTE AND TO VOTE AFTER SUCH DISCHARGE.
  S 2.  Subdivisions 2 and 4 of section  259-j  of  the  executive  law,
subdivision  2 as separately amended by section 10 of part F and section
1 of part N of chapter 62 of the laws  of  2003  and  subdivision  4  as
amended  by  chapter  310  of  the  laws of 2008, are 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
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  TERMINATION,  THE  BOARD  OF PAROLE SHALL PROVIDE THE PAROLEE WITH
WRITTEN NOTICE THAT HE OR SHE IS ELIGIBLE TO REGISTER  TO  VOTE  AND  TO
VOTE AFTER THE TERMINATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10426-01-9

A. 6853                             2

  4.  Except  where  a determinate sentence was imposed for a felony, if
the board of  parole  is  satisfied  that  an  absolute  discharge  from
presumptive release, parole or conditional release is in the best inter-
ests of society, the board may grant such a discharge prior to the expi-
ration  of  the  full term or maximum term to any person who has been on
unrevoked presumptive release, 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 or releasee, 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 DISCHARGE, THE BOARD OF PAROLE
SHALL PROVIDE THE PAROLEE WITH WRITTEN NOTICE THAT HE OR SHE IS ELIGIBLE
TO REGISTER TO VOTE AND TO VOTE AFTER THE DISCHARGE.
  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 THE PAROLEE WITH WRITTEN NOTICE THAT HE OR SHE IS
ELIGIBLE TO REGISTER TO VOTE AND TO VOTE AFTER THE DISCHARGE.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have  become a law, provided that the amendments to section 259-j of the
executive law, made by section two of this act,  shall  not  affect  the
expiration  and  reversion  of such section pursuant to subdivision d of
section 74 of chapter 3 of the laws  of  1995,  as  amended,  and  shall
expire therewith, when upon such date the provisions of section three of
this act shall take effect.

2009-A6853A (ACTIVE) - Details

Current Committee:: Assembly Correction

2009-A6853A (ACTIVE) - Summary

2009-A6853A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6853--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2009
                               ___________

Introduced  by M. of A. CAMARA, CASTRO, ROBINSON, ESPAILLAT -- read once
  and referred to the Committee on Correction --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the correction law and the executive law, in relation to
  requiring persons released from prison or  parole  to  be  advised  of
  their eligibility to vote

  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;  NOTIFICATION  OF  ELIGIBILITY  TO  VOTE.  UPON  THE
DISCHARGE FROM A CORRECTIONAL FACILITY OF ANY PERSON WHO HAS REACHED HIS
OR  HER MAXIMUM SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A FELONY,
THE DEPARTMENT SHALL NOTIFY SUCH PERSON OF HIS OR  HER  RIGHT  TO  VOTE,
PROVIDE  SUCH  PERSON  WITH A FORM OF APPLICATION FOR VOTER REGISTRATION
TOGETHER WITH WRITTEN INFORMATION DISTRIBUTED BY THE BOARD OF  ELECTIONS
ON  THE  IMPORTANCE  AND  THE  MECHANICS OF VOTING AND SHALL ASSIST SUCH
PERSON IN REGISTERING TO VOTE IN THE SAME MANNER AND TO THE SAME  EXTENT
AS THE AGENCIES LISTED IN SECTION 5-211 OF THE ELECTION LAW.
  S  2.  The  executive law is amended by adding a new section 259-jj to
read as follows:
  S 259-JJ.  VOTING RIGHTS UPON DISCHARGE. UPON DISCHARGE  OF  A  PERSON
FROM  PRESUMPTIVE  RELEASE,  PAROLE, OR CONDITIONAL RELEASE, OR UPON THE
EXPIRATION OF A PERSON'S MAXIMUM SENTENCE OF  IMPRISONMENT  WHILE  UNDER
THE  SUPERVISION OF THE DIVISION OF PAROLE, THE DIVISION OF PAROLE SHALL
NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO VOTE, PROVIDE SUCH PERSON WITH
A FORM OF APPLICATION  FOR  VOTER  REGISTRATION  TOGETHER  WITH  WRITTEN
INFORMATION  DISTRIBUTED BY THE BOARD OF ELECTIONS ON THE IMPORTANCE AND
THE MECHANICS OF VOTING AND SHALL ASSIST SUCH PERSON IN  REGISTERING  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10426-02-9

A. 6853--A                          2

VOTE IN THE SAME MANNER AND TO THE SAME EXTENT AS THE AGENCIES LISTED IN
SECTION 5-211 OF THE ELECTION LAW.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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