Senate Bill S4212

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4212
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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  and  the  public  health  law,  in
   relation to birth certificates for inmates

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 71 of the correction law is amended by adding a new
 subdivision 9 to read as follows:
   9. (A) FOR ANY INMATE WHO WILL BE COMMITTED  TO  THE  CUSTODY  OF  THE
 DEPARTMENT FOR ONE YEAR OR GREATER, THE COMMISSIONER SHALL MAKE DILIGENT
 EFFORTS  TO  OBTAIN  A COPY OF THE BIRTH CERTIFICATE OR CERTIFICATION OF
 BIRTH AND SOCIAL SECURITY CARD FOR EACH SUCH INMATE  UNDER  HIS  OR  HER
 CUSTODY.  SUCH  BIRTH  CERTIFICATE  OR CERTIFICATION OF BIRTH AND SOCIAL
 SECURITY CARD SHALL BE KEPT IN THE INMATE RECORDS UNTIL  THE  INMATE  IS
 RELEASED FROM CUSTODY UPON WHICH SUCH BIRTH CERTIFICATE OR CERTIFICATION
 OF BIRTH AND SOCIAL SECURITY CARD SHALL BE PROVIDED TO THE INMATE.
   (B)  WHERE  A  FACILITY  IN WHICH AN INMATE IS HOUSED RECEIVES A BIRTH
 CERTIFICATE OR CERTIFICATION OF BIRTH CONTAINING MISSING  OR  INCOMPLETE
 INFORMATION  AS  TO THE INMATE'S FIRST NAME SUCH FACILITY SHALL INITIATE
 THE PROCESS TO CORRECT OR AMEND THE BIRTH CERTIFICATE OF THE  INMATE  IN
 CONSULTATION WITH AND UPON CONSENT OF THE INMATE.
   § 2. Subdivision 2 of section 125 of the correction law, as amended by
 section  21 of subpart A of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   2. The superintendent of each of said facilities shall furnish to each
 inmate who shall be discharged or released from said facility by pardon,
 parole, conditional release or otherwise, except  such  inmates  as  are
 released for return for resentence or new trial or upon a certificate of
 reasonable  doubt,  and  except such inmates who are released to partic-
 ipate in a program outside the facility who are required  to  return  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08091-01-9

 S. 4212                             2
 
 the facility, suitable clothing adapted to the season in which he or she
 is  discharged not to exceed sixty-five dollars in value and transporta-
 tion to the county of his or her conviction or to such  other  place  as
 the commissioner may designate. In addition, the commissioner shall take
 such steps as are necessary to ensure that inmates have A DEPARTMENT-IS-
 SUED  RELEASE  PHOTO IDENTIFICATION CARD WHICH SHALL BE VALID FOR NINETY
 DAYS OR GREATER, AND at least forty dollars available upon release.
   § 3. Subdivision 5 of section 201 of the correction law, as  added  by
 section  32 of subpart A of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   5. (A) The department shall  assist  inmates  eligible  for  community
 supervision  and  [inmates]  PERSONS who are on community supervision to
 secure employment, educational or vocational training, and housing.
   (B) WHERE A PERSON ON COMMUNITY  SUPERVISION  WHOSE  DEPARTMENT-ISSUED
 RELEASE IDENTIFICATION CARD WILL EXPIRE PRIOR TO SUCH PERSON OBTAINING A
 STATE  IDENTIFICATION  CARD  FROM  THE DEPARTMENT OF MOTOR VEHICLES, THE
 COMMUNITY SUPERVISION OFFICER SHALL REQUEST THAT THE DEPARTMENT  REISSUE
 SUCH  RELEASE IDENTIFICATION CARD FOR AN ADDITIONAL PERIOD OF TIME IF IN
 THE OFFICER'S DISCRETION SUCH REISSUANCE WILL HELP TO  ENSURE  THAT  THE
 PERSON ON COMMUNITY SUPERVISION SHALL HAVE UNINTERRUPTED POSSESSION OF A
 STATE-ISSUED PHOTO IDENTIFICATION CARD.
   §  4.  Subdivision  4  of  section  4174  of the public health law, as
 amended by chapter 323 of the laws  of  2016,  is  amended  to  read  as
 follows:
   4.  No  fee shall be charged for a search, certification, certificate,
 certified copy or certified transcript of a record to be used for school
 entrance, employment certificate or for purposes  of  public  relief  or
 when  required  by the veterans administration to be used in determining
 the eligibility of any person to participate in the benefits made avail-
 able by the veterans administration or  when  required  by  a  board  of
 elections  for  the  purposes  of  determining voter eligibility or when
 requested by the department of corrections and community supervision  or
 a  local  correctional  facility  as  defined  in subdivision sixteen of
 section two of the correction law for the purpose of CORRECTING,  AMEND-
 ING,  OR  providing a certified copy or certified transcript of birth to
 an inmate in anticipation of such inmate's release from  custody  or  to
 obtain a death certificate to be used for administrative purposes for an
 inmate  who  has  died  under custody or when requested by the office of
 children and family services or an authorized agency for the purpose  of
 providing  a  certified copy or certified transcript of birth to a youth
 placed in the care and custody or custody and guardianship of the  local
 commissioner  of  social services or the care and custody or custody and
 guardianship of the office of children and  family  services  in  antic-
 ipation of such youth's discharge from placement or foster care.
   §  5. Section 4179 of the public health law, as amended by chapter 323
 of the laws of 2016, is amended to read as follows:
   § 4179. Vital records; fees; city of  New  York.  Notwithstanding  the
 provisions  of  paragraph  one of subdivision a of section 207.13 of the
 health code of the city of New York,  the  department  of  health  shall
 charge,  and  the  applicant  shall pay, for a search of two consecutive
 calendar years under one name and  the  issuance  of  a  certificate  of
 birth, death or termination of pregnancy, or a certification of birth or
 death,  or  a  certification  that  the record cannot be found, a fee of
 fifteen dollars for each copy. Provided, however, that no such fee shall
 be charged when the department of corrections and community  supervision
 or  a  local  correctional facility as defined in subdivision sixteen of

 S. 4212                             3
 
 section two of the correction law requests a  certificate  of  birth  or
 certification  of  birth  for  the  purpose  of CORRECTING, AMENDING, OR
 providing such certificate of birth or  certification  of  birth  to  an
 inmate  in  anticipation  of  such  inmate's  release from custody or to
 obtain a death certificate to be used for administrative purposes for an
 inmate who has died under custody or when the  office  of  children  and
 family  services  or  an  authorized agency requests a certified copy or
 certified transcript of birth for a youth placed in the custody  of  the
 local  commissioner  of  social services or the custody of the office of
 children and family services pursuant to article  three  of  the  family
 court  act for the purpose of providing such certified copy or certified
 transcript of birth to such youth  in  anticipation  of  discharge  from
 placement.
   § 6. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.