Senate Bill S232

                                 BILL NUMBER:  S232

 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 the Correction Law, section 702 (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. Amends the Correction Law section 703 (3). Creates the same
conforming change to section 702 of the correction law for
certificates of relief from disabilities issued by the courts. This
section also mirrors the provisions of correction Law section 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

 EXISTING LAW :  Correction Law; Article 23; Sections 702 and 703.
Current law prohibits the issuance of certificates of relief from
disabilities unless the court and the department of corrections and
community supervision are satisfied that the person meets established
criteria.

 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, licenses 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 :  2014: S.316 - Referred to Crime Victims, Crime
and Correction/A.2204 - Enacting Clause Stricken 2013: S.316 -
Referred to Crime Victims, Crime and Correction/A.2204 - Passed
Assembly 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

 EFFECTIVE DATE : Immediately