senate Bill S316

2013-2014 Legislative Session

Relates to certificates of relief from disabilities issued by the department of corrections and community supervision

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to crime victims, crime and correction
Jan 09, 2013 referred to crime victims, crime and correction

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S316 - Bill Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§702 & 703, Cor L
Versions Introduced in 2011-2012 Legislative Session:
S6540

S316 - Bill Texts

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Relates to certificates of relief from disabilities issued by the department of corrections and community supervision.

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BILL NUMBER:S316

TITLE OF BILL:
An act
to amend the correction law, in relation to certificates of relief from
disabilities issued by the department of corrections and community
supervision

PURPOSE:
This bill conforms the requirements for a certificate of relief from
disabilities to the requirements for a certificate of good conduct

SUMMARY OF PROVISIONS:
Section 1. Amends Section 702, subdivision 2 of the Correction Law.
Creates a conforming change to mirror the provisions of Correction
Law 703-b relating to the issuance of certificates of good conduct by
the State Board of Parole, provided that the Board is satisfied that
the person is an eligible offender, the relief is consistent with the
rehabilitation of the offender, and the relief is consistent with the
public interest.

Section 2. Creates the same conforming change to §702 of the
correction law for certificates of relief from disabilities issued by
the courts. This section also mirrors the provisions of correction
Law § 703-b relating to the issuance of certificates of good conduct
by the State Board of Parole, provided that the Court is satisfied
that the person is an eligible offender, the relief is consistent
with the rehabilitation of the offender, and the relief is consistent
with the public interest

Section 3. Effective Date

JUSTIFICATION:
Certificates of Relief from Disabilities are a powerful tool created
by the Legislature to promote and encourage successful reintegration
after a conviction. It can lay the groundwork for re-entry into
society, allowing individuals to obtain, for example, licences
essential to employment which can empower them to make child support
payments and break the cycle of poverty. A certificate can also
prevent eviction, loss of a job and loss of an occupational license.

The suggested change to conform the provisions of the correction law
governing certificates of relief from disabilities to those governing
certificates of good conduct would promote the successful reentry,
rehabilitation and public safety throughout New York State, as
originally intended by the Legislature.

The correction law currently provides that a certificate of good
conduct shall be issued where the Parole Board is satisfied that the
applicant is eligible. The relief to be granted by the certificate is
consistent with the rehabilitation of the applicant and is consistent
with the public interest. This
bill makes the same provisions for both the courts and the Parole
Board to issue certificates of relief.

LEGISLATIVE HISTORY:


2012: S.6540 - Referred to Crime Victims, Crime and
Correction/A.7813-A - Passed Assembly
2011: A.7813-A - Amended and Recommitted to Rules

FISCAL IMPLICATIONS:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   316

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend  the  correction  law, in relation to certificates of
  relief from disabilities issued by the department of  corrections  and
  community supervision

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 2 of section 702 of  the  correction  law,  as
amended  by  chapter  342  of  the  laws  of 1972, is amended to read as
follows:
  2. Such certificate shall  [not]  be  issued  by  the  court  [unless]
PROVIDED THAT the court is satisfied that:
  (a) The person to whom it is to be granted is an eligible offender, as
defined in section seven hundred OF THIS ARTICLE;
  (b) The relief to be granted by the certificate is consistent with the
rehabilitation of the eligible offender; and
  (c) The relief to be granted by the certificate is consistent with the
public interest.
  S  2.    The  opening paragraph of subdivision 3 of section 703 of the
correction law, as amended by section 34 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
  The department shall [not] issue [any] A certificate  of  relief  from
disabilities  pursuant  to  subdivisions  one  or  two  OF THIS SECTION,
[unless] WHEN the department is satisfied that:
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01006-01-3

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