Senate Bill S7054A

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

                                 7054--A

                            I N  S E N A T E

                             March 21, 2016
                               ___________

Introduced  by Sens. HOYLMAN, PERKINS -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Judiciary  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the court of claims act, the  public  housing  law,  the
  correction  law,  and the civil service law, in relation to the avail-
  ability of certain  benefits  to  exonerees;  and  to  repeal  certain
  provisions of the court of claims act relating thereto

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

  Section 1. The court of claims act is amended by adding a new  section
8-c to read as follows:
  S  8-C.  DEFINITIONS. WHEN USED IN THIS ACT, UNLESS OTHERWISE REQUIRED
BY THE CONTEXT, OR UNLESS A CONTRARY INTENT IS EXPRESSLY DECLARED IN THE
PROVISION TO BE CONSTRUED, THE TERM "EXONEREE" SHALL MEAN ANY PERSON WHO
HAS BEEN GRANTED A JUDGMENT IN A CLAIM FOR UNJUST CONVICTION AND  IMPRI-
SONMENT UNDER SECTION EIGHT-B OF THIS ACT.
  S  2.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision 5 of
section 8-b of the court of claims act, as added by chapter 1009 of  the
laws of 1984, is amended to read as follows:
  (i)  he  OR  SHE has been pardoned upon the ground of innocence of the
crime or crimes for which he OR SHE was  sentenced  and  which  are  the
grounds for the complaint; or (ii) his OR HER judgment of conviction was
reversed  or  vacated,  and the accusatory instrument dismissed or, if a
new trial was ordered, either he OR SHE was found not guilty at the  new
trial  or  he  OR  SHE  was  not  retried  and the accusatory instrument
dismissed; provided that the judgement of  conviction  was  reversed  or
vacated,  and  the  accusatory  instrument  was dismissed, on any of the
following grounds: (A) [paragraph (a), (b), (c), (e) or (g) of] subdivi-
sion one of section 440.10 of the criminal procedure law; or (B)  subdi-
vision  [one  (where  based upon grounds set forth in item (A) hereof),]
two, three (where the count dismissed was the sole basis for the  impri-
sonment  complained of) or five of section 470.20 of the criminal proce-
dure law; or (C) comparable provisions of the former  code  of  criminal

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

                                                           LBD13688-03-6

S. 7054--A                          2

procedure or subsequent law; or (D) the statute, or application thereof,
on  which  the accusatory instrument was based violated the constitution
of the United States or the state of New York; and
  S  3.  Paragraph  (c)  of subdivision 5 of section 8-b of the court of
claims act, as added by chapter 1009 of the laws of 1984, is amended  to
read as follows:
  (c) he OR SHE did not commit any of the acts [charged in the accusato-
ry  instrument]  FOR WHICH HE OR SHE WAS CONVICTED or his OR HER acts or
omissions charged in the accusatory  instrument  did  not  constitute  a
felony or misdemeanor against the state; and
  S  4.  Paragraph  (d)  of subdivision 5 of section 8-b of the court of
claims act, as added by chapter 1009 of the laws of 1984, is amended  to
read as follows:
  (d)  he OR SHE did not by his OR HER own [conduct] MISCONDUCT cause or
bring about his OR HER conviction.  FOR PURPOSES OF THIS SUBDIVISION,  A
CONFESSION,  ADMISSION OR PLEA OF GUILTY MADE OR ENTERED BY THE CLAIMANT
MAY NOT BE CONSIDERED EVIDENCE OF  MISCONDUCT  UNLESS  SUCH  CONFESSION,
ADMISSION  OR PLEA OF GUILTY WAS MADE OR ENTERED KNOWINGLY, VOLUNTARILY,
WITHOUT DURESS AND WITH THE INTENT TO PREVENT THE INVESTIGATION OR PROS-
ECUTION: (I) OF THE CLAIMANT FOR A  CRIME  UNRELATED  TO  THE  CRIME  OR
CRIMES  THAT  WERE  THE SUBJECT OF SUCH CONFESSION, ADMISSION OR PLEA OF
GUILTY; OR (II) OF ANOTHER PERSON WHO THE CLAIMANT, AT THE TIME OF  SUCH
CONFESSION,  ADMISSION  OR  PLEA,  BELIEVED TO BE THE PERPETRATOR OF THE
CRIME OR CRIMES THAT WERE THE SUBJECT OF SUCH CONFESSION,  ADMISSION  OR
PLEA.
  S  5.  Subdivision  7  of  section  8-b  of the court of claims act is
REPEALED.
  S 6. Subdivision 6 of section 8-b of the court of claims act, as added
by chapter 1009 of the laws of 1984, is amended to read as follows:
  6. If the court finds that the claimant is entitled to a judgment,  it
shall  award  damages  in such sum of money as the court determines will
fairly and reasonably compensate him OR HER, AS WELL AS ANY BENEFITS  TO
WHICH THE CLAIMANT IS ENTITLED UNDER THIS SECTION.
  S 7. Section 8-b of the court of claims act is amended by adding eight
new subdivisions 7, 8, 9, 10, 11, 12, 13, and 14 to read as follows:
  7.  ANY  EXONEREE  SHALL BE ENTITLED TO HAVE ALL RECORDS OF HIS OR HER
CONVICTION SEALED PURSUANT TO SECTION 160.50 OF THE  CRIMINAL  PROCEDURE
LAW.
  8. NO BENEFITS PAID PURSUANT TO THIS ARTICLE SHALL BE CONSIDERED GROSS
INCOME  AS  DEFINED  IN  SECTION  SIX HUNDRED TWELVE OF THE TAX LAW, NOR
SHALL THEY BE TAXABLE BY ANY ENTITY.
  9. NO BENEFITS PAID PURSUANT TO THIS ARTICLE SHALL BE REDUCED  BY  ANY
AMOUNT  TO COMPENSATE THE STATE FOR THE COSTS OF INCARCERATING THE EXON-
EREE.
  10. EXONEREES SHALL BE ENROLLED IN THE HEALTH BENEFIT PLAN ESTABLISHED
PURSUANT TO SECTION ONE HUNDRED SIXTY-ONE OF THE CIVIL SERVICE LAW,  THE
SUPPLEMENTARY  HEALTH  BENEFIT  PLAN ESTABLISHED PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE-A OF THE CIVIL SERVICE LAW, AND THE DENTAL INSURANCE
PLAN ESTABLISHED PURSUANT TO SECTION ONE  HUNDRED  SIXTY  OF  THE  CIVIL
SERVICE  LAW.  THE FULL COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH
COVERAGE SHALL BE PAID BY THE STATE.
  11. THE EXONEREE SHALL  BE  ENTITLED  TO  REASONABLE  ATTORNEY'S  FEES
INCURRED  IN  THE  PROCESS OF VACATING OR REVERSING THE JUDGMENT AGAINST
HIM OR HER. THE EXONEREE SHALL PETITION THE COURT OF CLAIMS  IN  SEEKING
REASONABLE ATTORNEY'S FEES AS AGAINST THE STATE. ANY AWARD OF ATTORNEY'S
FEES SHALL BE REIMBURSABLE BY THE STATE.

S. 7054--A                          3

  12.  AN EXONEREE WHO ENROLLS AT ANY INSTITUTION OF THE CITY UNIVERSITY
OF NEW YORK OR ANY INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK SHALL
BE ELIGIBLE FOR A TUITION AWARD  IN  AN  AMOUNT  EQUAL  TO  THE  TUITION
CHARGED AT SUCH INSTITUTION, THE MANDATORY FEES CHARGED AT SUCH INSTITU-
TION  AND  THE  NON-TUITION  COST  OF  ATTENDANCE AT SUCH INSTITUTION OR
COLLEGE, PROVIDED THAT THE SCHOLARSHIP SHALL NOT EXCEED AN  AMOUNT  THAT
IS EQUAL TO THE TOTAL COST OF ATTENDANCE DETERMINED FOR FEDERAL TITLE IV
STUDENT FINANCIAL AID PURPOSES.
  13.  ANY AND ALL BENEFITS MADE AVAILABLE TO PAROLEES THROUGH THE DIVI-
SION OF PAROLE SHALL ALSO BE MADE AVAILABLE TO  EXONEREES.    ANY  STATE
CONTRACT  WITH  A  SERVICE  PROVIDER FOR PAROLLEES MUST ALSO REQUIRE THE
SERVICE PROVIDER TO ALSO SERVE EXONEREES.
  14. NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT AN EXONEREE FROM
PURSUING FURTHER CIVIL LAWSUITS AGAINST ANY STATE AGENCIES OR  EMPLOYEES
FOR ANY REASON, INCLUDING IN CONNECTION WITH THE WRONGFUL CONVICTION.
  S 8. Subdivision 1 of section 156 of the public housing law is amended
by adding a new paragraph c to read as follows:
  C. ALSO FOR ANY EXONEREE AS DEFINED IN SECTION EIGHT-C OF THE COURT OF
CLAIMS  ACT.  ANY BENEFITS DUE TO SUCH EXONEREE SHALL NOT BE INCLUDED IN
THE CALCULATION OF PROBABLE AGGREGATE INCOME USED TO DETERMINE ELIGIBIL-
ITY FOR  THESE  DWELLINGS.  EXONEREES  SHALL  BE  ASSIGNED  THE  HIGHEST
NEED-BASED PRIORITY FOR PLACEMENT IN A DWELLING UNIT.
  S  9.  Subdivision 4 of section 404 of the correction law, as added by
chapter 548 of the laws of 2014, is amended to read as follows:
  4. Every inmate who has received mental health treatment  pursuant  to
this  article  within three years of his or her anticipated release date
from a state correctional facility AND EVERY  EXONEREE,  AS  DEFINED  IN
SECTION  EIGHT-C  OF  THE  COURT  OF  CLAIMS ACT, shall be provided with
mental health discharge planning and,  when  necessary,  an  appointment
with  a  mental  health  professional in the community who can prescribe
medications following discharge and sufficient mental health medications
and prescriptions to bridge the period between discharge and  such  time
as  such  mental  health  professional  may  assume care of the patient.
Inmates who have refused mental health treatment may  also  be  provided
mental  health  discharge  planning and any necessary appointment with a
mental health professional.
  S 10. Subdivision 2 of section  163  of  the  civil  service  law,  as
amended  by  section  4  of part T of chapter 56 of the laws of 2010, is
amended to read as follows:
  2. The contract or contracts shall provide  for  health  benefits  for
retired employees of the state and of the state colleges of agriculture,
home  economics, industrial labor relations and veterinary medicine, the
state agricultural experiment station at Geneva, and any other  institu-
tion or agency under the management and control of Cornell university as
the  representative  of the board of trustees of the state university of
New York, and the state college of ceramics  under  the  management  and
control of Alfred university as the representative of the board of trus-
tees  of the state university of New York, and their spouses and depend-
ent children as defined by the regulations of the president, AND EXONER-
EES AS DEFINED IN SECTION EIGHT-C OF THE COURT OF CLAIMS  ACT,  on  such
terms  as  the  president  may  deem  appropriate, and the president may
authorize the inclusion in the plan of the employees and retired employ-
ees  of  public  authorities,  public   benefit   corporations,   school
districts,  special  districts,  district corporations, municipal corpo-
rations excluding active  employees  and  retired  employees  of  cities
having  a  population  of  one million or more inhabitants whose compen-

S. 7054--A                          4

sation is or was before retirement paid out of  the  city  treasury,  or
other  appropriate  agencies, subdivisions or quasi-public organizations
of the state, including active members of volunteer fire  and  volunteer
ambulance  companies serving one or more municipal corporations pursuant
to subdivision seven of section ninety-two-a of  the  general  municipal
law,  and  their  spouses and dependent children as defined by the regu-
lations of the president. Any  such  corporation,  district,  agency  or
organization  electing  to  participate in the plan shall be required to
pay its proportionate share of the expenses  of  administration  of  the
plan  in  such  amounts and at such times as determined and fixed by the
president. All amounts payable for such expenses of administration shall
be paid to the commissioner of taxation and finance and shall be applied
to the reimbursement of funds previously  advanced  for  such  purposes.
Neither the state nor any other participant in the plan shall be charged
with  the  particular  experience  attributable  to the employees of the
participant, and all dividends or  retroactive  rate  credits  shall  be
distributed  pro-rata based upon the number of employees of such partic-
ipant covered by the plan.
  S 11. This act shall take effect immediately.