Senate Bill S2855A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2855--A
     Cal. No. 370
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced by Sens. SEPULVEDA, SAVINO -- read twice and ordered printed,
   and  when  printed  to be committed to the Committee on Crime Victims,
   Crime and Correction -- recommitted to the Committee on Crime Victims,
   Crime and Correction in accordance with  Senate  Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the  correction  law  and  the  public  health  law,  in
   relation to birth certificates for incarcerated individuals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 601 of the  correction  law,  as
 amended by section 209 of chapter 322 of the laws of 2021, is amended to
 read as follows:
   (a)  Whenever  an  incarcerated  individual  shall be delivered to the
 superintendent of a state correctional facility pursuant to an  indeter-
 minate or determinate sentence, the officer so delivering such incarcer-
 ated  individual  shall deliver to such superintendent, the sentence and
 commitment or certificate of conviction, or a  certified  copy  thereof,
 and  a copy of any order of protection pursuant to section 380.65 of the
 criminal procedure law received by such officer from the  clerk  of  the
 court by which such incarcerated individual shall have been sentenced, a
 copy  of  the report of the probation officer's investigation and report
 or a detailed statement covering the facts relative  to  the  crime  and
 previous  history  certified  by  the  district  attorney, a copy of the
 incarcerated individual's fingerprint records,  a  detailed  summary  of
 available  medical  records, psychiatric records and reports relating to
 assaults, or other violent acts, attempts at suicide or  escape  by  the
 incarcerated  individual  while in the custody of the local correctional
 facility; any such medical or psychiatric records in the possession of a
 health care provider other than the local correctional facility shall be
 summarized in detail and forwarded by such health care provider  to  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00561-02-2
 S. 2855--A                          2
 
 medical  director  of  the  appropriate state correctional facility upon
 request; the superintendent shall present to such officer a  certificate
 of  the  delivery  of such incarcerated individual, and the fees of such
 officer for transporting such incarcerated individual shall be paid from
 the treasury upon the audit and warrant of the comptroller. THE SENTENCE
 AND  COMMITMENT  OR  CERTIFICATE  OF CONVICTION SHALL BE DEEMED TO GRANT
 AUTHORIZATION TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
 TO REQUEST A CERTIFIED COPY OF A BIRTH CERTIFICATE OR  CERTIFICATION  OF
 BIRTH,  OR  CERTIFIED  TRANSCRIPT  OF BIRTH ON BEHALF OF AN INCARCERATED
 INDIVIDUAL, WHEN SUCH REQUEST IS  MADE  PURSUANT  TO  SECTION  FORTY-ONE
 HUNDRED  SEVENTY-NINE  OR  SUBDIVISION FOUR OF SECTION FORTY-ONE HUNDRED
 SEVENTY-FOUR OF THE PUBLIC HEALTH LAW. Whenever an incarcerated individ-
 ual of the state is delivered to a local  facility,  the  superintendent
 shall  forward  summaries of such records to the local facility with the
 incarcerated individual.
   § 2. Section 71 of the correction law  is  amended  by  adding  a  new
 subdivision 9 to read as follows:
   9.  (A)  FOR  ANY INCARCERATED INDIVIDUAL WHO WILL BE COMMITTED TO THE
 CUSTODY OF THE DEPARTMENT FOR ONE  YEAR  OR  GREATER,  THE  COMMISSIONER
 SHALL  MAKE  DILIGENT  EFFORTS  TO  OBTAIN A CERTIFIED COPY OF THE BIRTH
 CERTIFICATE OR CERTIFICATION OF BIRTH OR CERTIFIED TRANSCRIPT  OF  BIRTH
 AND  SOCIAL  SECURITY  CARD  FOR EACH SUCH INDIVIDUAL INCARCERATED IN AN
 INSTITUTION OR CORRECTIONAL  FACILITY  UNDER  THE  JURISDICTION  OF  THE
 DEPARTMENT.
   (B)  SUCH  BIRTH  CERTIFICATE  OR CERTIFICATION OF BIRTH, OR CERTIFIED
 TRANSCRIPT OF BIRTH   AND SOCIAL SECURITY CARD  SHALL  BE  KEPT  IN  THE
 INCARCERATED  INDIVIDUAL'S  RECORDS UNTIL THE INCARCERATED INDIVIDUAL IS
 RELEASED FROM THE DEPARTMENT'S CUSTODY UPON WHICH,  SUCH  BIRTH  CERTIF-
 ICATE  OR  CERTIFICATION  OF BIRTH, OR CERTIFIED TRANSCRIPT OF BIRTH AND
 THE INDIVIDUAL'S SOCIAL SECURITY CARD SHALL BE PROVIDED TO THE  INDIVID-
 UAL.
   (C)  WHERE  A  FACILITY  IN WHICH AN INCARCERATED INDIVIDUAL IS HOUSED
 RECEIVES  A  CERTIFIED  BIRTH  CERTIFICATE  OR  CERTIFICATION  OF  BIRTH
 CONTAINING  MISSING  OR  INCOMPLETE  INFORMATION  AS TO THE INCARCERATED
 INDIVIDUAL'S FIRST NAME, SUCH FACILITY SHALL  INITIATE  THE  PROCESS  TO
 CORRECT OR AMEND THE BIRTH CERTIFICATE OF THE INCARCERATED INDIVIDUAL IN
 CONSULTATION WITH AND UPON CONSENT OF SUCH INDIVIDUAL.
   § 3. Subdivision 2 of section 125 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   2. The superintendent of each of said facilities shall furnish to each
 incarcerated  individual  who  shall be discharged or released from said
 facility by pardon, parole, conditional  release  or  otherwise,  except
 such  incarcerated individuals as are released for return for resentence
 or new trial or upon a certificate of reasonable doubt, and except  such
 incarcerated  individuals  who  are released to participate in a program
 outside the facility who are required to return to the  facility,  suit-
 able clothing adapted to the season in which he or she is discharged not
 to  exceed  sixty-five dollars in value and transportation 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, incarcerated  individuals  have  A  DEPARTMENT
 ISSUED  RELEASE  ISSUED RELEASE PHOTO IDENTIFICATION CARD WHICH SHALL BE
 VALID FOR ONE HUNDRED TWENTY DAYS AND at least forty  dollars  available
 upon release.
   § 4. Subdivision 5 of section 201 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
 S. 2855--A                          3
 
   5.  (A)  The department shall assist incarcerated individuals eligible
 for community supervision and incarcerated individuals who are on commu-
 nity supervision to secure employment, educational or vocational  train-
 ing, and housing.
   (B)  THE  DEPARTMENT  SHALL  MAKE  DILIGENT  EFFORTS TO ENSURE THAT AN
 INCARCERATED INDIVIDUAL UPON THEIR RELEASE, PERSONS ELIGIBLE FOR  COMMU-
 NITY  SUPERVISION,  AND  PERSONS  RELEASED  TO COMMUNITY SUPERVISION ARE
 PROVIDED WITH A STATE IDENTIFICATION CARD ISSUED BY  THE  DEPARTMENT  OF
 MOTOR VEHICLES.
   (C)  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.
   § 5. Subdivision 4 of section  4174  of  the  public  health  law,  as
 amended  by  chapter  322  of  the  laws  of 2021, 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 incarcerated individual in anticipation of such incarcerated individ-
 ual's  release  from custody or to obtain a death certificate to be used
 for administrative purposes for an incarcerated individual 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  certi-
 fied 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 anticipation of such
 youth's discharge from placement or foster care.  WHENEVER A REQUEST  IS
 MADE  BY  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR A
 CERTIFIED COPY OF A BIRTH CERTIFICATE, OR  CERTIFICATION  OF  BIRTH,  OR
 CERTIFIED  TRANSCRIPT  OF  BIRTH ON BEHALF OF AN INCARCERATED INDIVIDUAL
 PURSUANT TO THIS SECTION, A CERTIFIED COPY OF THE SENTENCE  AND  COMMIT-
 MENT OR CERTIFICATE OF CONVICTION SHALL BE DEEMED TO GRANT AUTHORIZATION
 BY  THE INCARCERATED INDIVIDUAL TO THE DEPARTMENT TO SUBMIT SUCH REQUEST
 ON THEIR BEHALF, AND NO OTHER AUTHORIZATION SHALL BE REQUIRED.
   § 6. Section 4179 of the public health law, as amended by chapter  322
 of the laws of 2021, 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
 S. 2855--A                          4
 
 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
 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
 incarcerated  individual  in  anticipation of such incarcerated individ-
 ual's release from custody or to obtain a death certificate to  be  used
 for  administrative purposes for an incarcerated individual 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.
   § 7. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that  the  amendments  to
 subdivision (a) of section 601 of the correction law made by section one
 of  this  act  shall  not  affect the expiration of such subdivision and
 shall be deemed to expire therewith.