The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4448--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. O'DONNELL, WALKER, WEPRIN, CARROLL, JEAN-PIERRE,
   QUART, GOTTFRIED, BARRON, L. ROSENTHAL, SIMON,  DINOWITZ,  DE LA ROSA,
   ABINANTI,  SEAWRIGHT,  ROZIC,  PERRY,  NIOU, EPSTEIN, CRUZ, FERNANDEZ,
   BICHOTTE HERMELYN, ANDERSON, KELLES, GALLAGHER --  Multi-Sponsored  by
   --  M.  of A. HEVESI, MAGNARELLI, PAULIN, PRETLOW, THIELE -- read once
   and referred to the Committee on Election Law -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN ACT to amend the election law, the criminal procedure law, the execu-
   tive  law,  and  the correction law, in relation to voting by formerly
   incarcerated individuals convicted of a felony; and to repeal  certain
   provisions of the election law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 5-106  of  the  election  law,  as
 amended  by  chapter  373  of  the  laws  of 1978, is amended to read as
 follows:
   2. No person who has been convicted of a felony  AND  SENTENCED  TO  A
 PERIOD  OF  IMPRISONMENT  FOR  SUCH  FELONY pursuant to the laws of this
 state, shall have the right to register for  or  vote  at  any  election
 [unless  he  shall have been pardoned or restored to the rights of citi-
 zenship by the governor, or his maximum  sentence  of  imprisonment  has
 expired,  or  he has been discharged from parole. The governor, however,
 may attach as a condition to any such pardon a provision that  any  such
 person  shall  not  have  the right of suffrage until it shall have been
 separately restored to him] WHILE HE OR SHE  IS  INCARCERATED  FOR  SUCH
 FELONY.
   §  2. Subdivision 3 of section 5-106 of the election law is amended to
 read as follows:
   3. No person who has been convicted in a federal court, of  a  felony,
 or  a crime or offense which would constitute a felony under the laws of

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

                                                            LBD05828-09-1

 A. 4448--A                          2
 
 this state, AND SENTENCED TO A PERIOD OF IMPRISONMENT FOR  SUCH  FELONY,
 shall  have the right to register for or vote at any election [unless he
 shall have been pardoned or restored to the rights of citizenship by the
 president  of the United States, or his maximum sentence of imprisonment
 has expired, or he has been discharged from parole] WHILE HE OR  SHE  IS
 INCARCERATED FOR SUCH FELONY.
   §  3. Subdivision 4 of section 5-106 of the election law is amended to
 read as follows:
   4. No person who has been convicted in another state for  a  crime  or
 offense which would constitute a felony under the laws of this state AND
 SENTENCED  TO  A  PERIOD OF IMPRISONMENT FOR SUCH FELONY, shall have the
 right to register for or vote at any election in this state  [unless  he
 shall have been pardoned or restored to the rights of citizenship by the
 governor  or  other  appropriate  authority  of such other state, or his
 maximum sentence has expired, or he has  been  discharged  from  parole]
 WHILE HE OR SHE IS INCARCERATED FOR SUCH FELONY.
   §  4.  Subdivision  5 of section 8-504 of the election law is REPEALED
 and subdivisions 6, 7, and 8, subdivisions 7  and  8  as  renumbered  by
 chapter  373  of the laws of 1978, are renumbered subdivisions 5, 6, and
 7.
   § 5. Section 220.50 of the criminal procedure law is amended by adding
 a new subdivision 8 to read as follows:
   8. PRIOR TO ACCEPTING A DEFENDANT'S PLEA  OF  GUILTY  TO  A  COUNT  OR
 COUNTS OF AN INDICTMENT OR A SUPERIOR COURT INFORMATION CHARGING A FELO-
 NY  OFFENSE,  THE  COURT  MUST  ADVISE  THE DEFENDANT ON THE RECORD THAT
 CONVICTION WILL RESULT IN LOSS OF THE RIGHT TO VOTE WHILE THE  DEFENDANT
 IS  SERVING  A  FELONY  SENTENCE IN A CORRECTIONAL FACILITY AND THAT THE
 RIGHT TO VOTE WILL BE RESTORED UPON THE DEFENDANT'S RELEASE.
   § 6. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
 259-i of the executive law, as amended by section 38-f-1 of subpart A of
 part C of chapter 62 of the laws of 2011, is amended to read as follows:
   (i)  Except  as  provided  in  subparagraph (ii) of this paragraph, at
 least one month prior to the date on which  an  inmate  may  be  paroled
 pursuant  to subdivision one of section 70.40 of the penal law, a member
 or members as determined by the rules  of  the  board  shall  personally
 interview  such inmate and determine whether he OR SHE should be paroled
 in accordance with the guidelines adopted pursuant to  subdivision  four
 of  section  two  hundred fifty-nine-c of this article. If parole is not
 granted upon such review, the inmate shall be informed in writing within
 two weeks of such appearance of the factors and reasons for such  denial
 of  parole.  Such reasons shall be given in detail and not in conclusory
 terms. The board shall specify a date not more than  twenty-four  months
 from  such  determination  for reconsideration, and the procedures to be
 followed upon reconsideration shall  be  the  same.  If  the  inmate  is
 released,  he  OR SHE shall be given a copy of the conditions of parole.
 Such conditions shall where appropriate, include a requirement that  the
 parolee  comply  with  any  restitution  order, mandatory surcharge, sex
 offender registration fee and DNA databank fee previously imposed  by  a
 court  of competent jurisdiction that applies to the parolee. The condi-
 tions shall indicate which  restitution  collection  agency  established
 under subdivision eight of section 420.10 of the criminal procedure law,
 shall be responsible for collection of restitution, mandatory surcharge,
 sex  offender registration fees and DNA databank fees as provided for in
 section 60.35 of the penal law and section eighteen hundred nine of  the
 vehicle  and  traffic  law.   IF THE INMATE IS RELEASED, HE OR SHE SHALL

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 ALSO BE NOTIFIED IN WRITING THAT  HIS  OR  HER  VOTING  RIGHTS  WILL  BE
 RESTORED UPON RELEASE.
   §  7. Paragraph (a) of subdivision 2 of section 259-i of the executive
 law, as amended by section 38-f-2 of subpart A of part C of  chapter  62
 of the laws of 2011, is amended to read as follows:
   (a)  At  least one month prior to the expiration of the minimum period
 or periods of imprisonment fixed by the court  or  board,  a  member  or
 members  as determined by the rules of the board shall personally inter-
 view an inmate serving an indeterminate sentence and  determine  whether
 he  OR  SHE should be paroled at the expiration of the minimum period or
 periods in accordance with the procedures adopted pursuant  to  subdivi-
 sion  four of section two hundred fifty-nine-c. If parole is not granted
 upon such review, the inmate shall be informed  in  writing  within  two
 weeks  of  such appearance of the factors and reasons for such denial of
 parole. Such reasons shall be given in  detail  and  not  in  conclusory
 terms.  The  board shall specify a date not more than twenty-four months
 from such determination for reconsideration, and the  procedures  to  be
 followed  upon  reconsideration  shall  be  the  same.  If the inmate is
 released, he OR SHE shall be given a copy of the conditions  of  parole.
 Such  conditions shall where appropriate, include a requirement that the
 parolee comply with any restitution order and mandatory surcharge previ-
 ously imposed by a court of competent jurisdiction that applies  to  the
 parolee.  The  conditions  shall  indicate  which restitution collection
 agency established under subdivision eight  of  section  420.10  of  the
 criminal  procedure law, shall be responsible for collection of restitu-
 tion and mandatory surcharge as provided for in  section  60.35  of  the
 penal  law  and section eighteen hundred nine of the vehicle and traffic
 law. IF THE INMATE IS RELEASED, HE OR SHE  SHALL  ALSO  BE  NOTIFIED  IN
 WRITING THAT HIS OR HER VOTING RIGHTS WILL BE RESTORED UPON RELEASE.
   §  8.  Subparagraph  (xi) of paragraph (f) of subdivision 3 of section
 259-i of the executive law, as amended by section 11 of part E of  chap-
 ter 62 of the laws of 2003, is amended to read as follows:
   (xi)  If the presiding officer sustains any violations, he OR SHE must
 prepare a written statement, to be made available to the alleged  viola-
 tor  and his OR HER counsel, indicating the evidence relied upon and the
 reasons for revoking presumptive release, parole, conditional release or
 post-release supervision, and for the disposition  made.  THE  PRESIDING
 OFFICER  SHALL  ALSO  ADVISE THE ALLEGED VIOLATOR IN A WRITTEN STATEMENT
 THAT REVOCATION WILL RESULT IN LOSS OF THE RIGHT TO VOTE WHILE HE OR SHE
 IS SERVING THE REMAINDER OF HIS OR HER FELONY SENTENCE IN A CORRECTIONAL
 FACILITY AND THAT THE RIGHT TO VOTE WILL BE RESTORED  UPON  HIS  OR  HER
 RELEASE.
   §  9.  Section  75  of the correction law, as amended by section 18 of
 subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
 read as follows:
   § 75. Notice of voting rights. [Upon] PRIOR TO the [discharge] RELEASE
 from  a  correctional  facility of any person [whose maximum sentence of
 imprisonment has expired or upon a  person's  discharge  from  community
 supervision,]  the  department  shall  notify such person [of his or her
 right to vote] VERBALLY AND IN WRITING, THAT HIS OR  HER  VOTING  RIGHTS
 WILL  BE  RESTORED  UPON  RELEASE and provide such person with a form of
 application for voter registration [together  with]  AND  A  DECLINATION
 FORM,  OFFER SUCH PERSON ASSISTANCE IN FILLING OUT THE APPROPRIATE FORM,
 AND PROVIDE SUCH PERSON written information distributed by the board  of
 elections  on the importance and the mechanics of voting.  UPON RELEASE,
 SUCH PERSON MAY CHOOSE TO EITHER SUBMIT HIS OR HER COMPLETED APPLICATION

 A. 4448--A                          4
 
 TO THE STATE BOARD OR COUNTY BOARD WHERE SUCH PERSON RESIDES OR HAVE THE
 DEPARTMENT TRANSMIT IT ON HIS OR HER BEHALF.  WHERE SUCH PERSON  CHOOSES
 TO  HAVE  THE  DEPARTMENT TRANSMIT THE APPLICATION, THE DEPARTMENT SHALL
 TRANSMIT  THE  COMPLETED  APPLICATION  UPON SUCH PERSON'S RELEASE TO THE
 STATE BOARD OR COUNTY BOARD WHERE SUCH PERSON RESIDES.
   § 10. The correction law is amended by adding a  new  section  510  to
 read as follows:
   §  510. VOTING UPON RELEASE. PRIOR TO THE RELEASE FROM A LOCAL CORREC-
 TIONAL FACILITY OF ANY PERSON CONVICTED OF A FELONY THE  CHIEF  ADMINIS-
 TRATIVE  OFFICER  SHALL  NOTIFY SUCH PERSON VERBALLY AND IN WRITING THAT
 HIS OR HER VOTING RIGHTS WILL BE RESTORED UPON RELEASE AND PROVIDE  SUCH
 PERSON  WITH A FORM OF APPLICATION FOR VOTER REGISTRATION AND A DECLINA-
 TION FORM, OFFER SUCH PERSON ASSISTANCE IN FILLING OUT  THE  APPROPRIATE
 FORM,  AND  PROVIDE  SUCH  PERSON WRITTEN INFORMATION DISTRIBUTED BY THE
 BOARD OF ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF  VOTING.  UPON
 RELEASE,  SUCH  PERSON  MAY CHOOSE TO EITHER SUBMIT HIS OR HER COMPLETED
 APPLICATION TO THE STATE BOARD OR COUNTY BOARD WHERE SUCH PERSON RESIDES
 OR HAVE THE DEPARTMENT TRANSMIT IT ON HIS OR HER  BEHALF.    WHERE  SUCH
 PERSON  CHOOSES  TO  HAVE  THE  DEPARTMENT TRANSMIT THE APPLICATION, THE
 CHIEF ADMINISTRATIVE OFFICER SHALL TRANSMIT  THE  COMPLETED  APPLICATION
 UPON SUCH PERSON'S RELEASE TO THE STATE BOARD OR COUNTY BOARD WHERE SUCH
 PERSON RESIDES.
   §  11.  The  correction  law is amended by adding a new section 209 to
 read as follows:
   § 209. NOTICE OF VOTING  RIGHTS.  THE  DEPARTMENT  SHALL  NOTIFY  EACH
 PERSON SERVING A PERIOD OF COMMUNITY SUPERVISION VERBALLY AND IN WRITING
 OF  HIS  OR  HER  RIGHT  TO  VOTE AND PROVIDE SUCH PERSON WITH A FORM OF
 APPLICATION FOR VOTER REGISTRATION AND A DECLINATION  FORM,  OFFER  SUCH
 PERSON  ASSISTANCE IN FILLING OUT THE APPROPRIATE FORM, AND PROVIDE SUCH
 PERSON WRITTEN INFORMATION DISTRIBUTED BY THE BOARD OF ELECTIONS ON  THE
 IMPORTANCE AND THE MECHANICS OF VOTING. SUCH PERSON MAY CHOOSE TO EITHER
 SUBMIT  HIS  OR  HER  COMPLETED APPLICATION TO THE STATE BOARD OR COUNTY
 BOARD WHERE SUCH PERSON RESIDES OR HAVE THE DEPARTMENT  TRANSMIT  IT  ON
 HIS  OR  HER  BEHALF.   WHERE SUCH PERSON CHOOSES TO HAVE THE DEPARTMENT
 TRANSMIT THE APPLICATION, THE DEPARTMENT SHALL  TRANSMIT  THE  COMPLETED
 APPLICATION  TO  THE  STATE  BOARD  OR  COUNTY  BOARD  WHERE SUCH PERSON
 RESIDES.
   § 12. Section 3-102 of the election law is amended  by  adding  a  new
 subdivision 16-b to read as follows:
   16-B.  DEVELOP  AND  IMPLEMENT A PROGRAM TO EDUCATE ATTORNEYS, JUDGES,
 ELECTION  OFFICIALS,  CORRECTIONS  OFFICIALS,   INCLUDING   PAROLE   AND
 PROBATION OFFICERS, AND MEMBERS OF THE PUBLIC REGARDING THE REQUIREMENTS
 OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE WHICH ADDED THIS
 SUBDIVISION.
   § 13. This act shall take effect immediately, provided, however,  that
 sections  five,  six,  eight,  nine,  ten, eleven and twelve of this act
 shall take effect on the one hundred twentieth day after it  shall  have
 become  a  law;  provided further, however, that the amendments to para-
 graph (a) of subdivision 2 of section 259-i of the executive law made by
 section six of this act shall be subject to the expiration and reversion
 of such paragraph pursuant to subdivision d of section 74 of  chapter  3
 of  the  laws of 1995, as amended, when upon such date the provisions of
 section seven of this act shall take effect.