NY State Senate Bill S830A

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2021	referred to election law delivered to assembly passed senate
Feb 22, 2021	ordered to third reading cal.368 reported and committed to rules
Feb 21, 2021	print number 830b
Feb 21, 2021	amend and recommit to crime victims, crime and correction
Feb 18, 2021	committee discharged and committed to crime victims, crime and correction
Jan 20, 2021	print number 830a
Jan 20, 2021	amend (t) and recommit to elections
Jan 06, 2021	referred to elections

Votes

view votes

Feb 24, 2021 - floor Vote

S830B

floor

Aye

Nay

Absent

Excused

Abstained

Feb 22, 2021 - Crime Victims, Crime and Correction committee Vote

S830B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Feb 22, 2021

aye (5)

nay (2)

Feb 22, 2021 - Rules committee Vote

S830B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

view additional co-sponsors

S830 - Details

Law Section:: Election Law
Laws Affected:: Amd §§5-106 & 3-102, rpld §8-504 sub 5, ren subs 6 - 8 to be subs 5 - 7, El L; amd §220.50, CP L; amd §259-i, Exec L; add §§510 & 209, Cor L

S830 - Summary

Relates to voting and registration for voting by formerly incarcerated individuals convicted of a felony.

S830 - Sponsor Memo

 
BILL NUMBER: S830

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the election law, the criminal procedure law, the execu-
tive law, and the correction law, in relation to voting by convicted
felons

 
PURPOSE:

This bill would restore voting rights to parolees, post-incarceration to
facilitate community reintegration and participation in the civic proc-
ess. rather than requiring a parolee to wait until he or she has been
discharged from parole or reached the maximum expiration date of the
underlying sentence.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the election law to make it clear that no
one convicted of a felony and sentenced for said felony for violating

New York State Law may vote while incarcerated.

Section 2 of the bill amends the election law to make it clear that no
one convicted of a felony and sentenced for said felony via conviction
in a Federal Court of a crime that would be considered a felony under
the laws of New York State Law may vote while incarcerated.

Section 3 of the bill amends the election law to make it clear that no
one convicted of a felony and sentenced for said felony via conviction
in another State Court of a crime that would be considered a felony
under the laws of New York State Law may vote while incarcerated.

Section 4 of the bill amends the Criminal Procedure Law to add a
requirement that before defendants charged with a felony make a plea
that they be apprised that conviction will result in the loss of their
right to vote while they are serving a felony sentence and the right to
vote will be restored upon their release form custody.

Section 5 of the bill amends the Criminal Procedure Law to add a
requirement that at the time of sentencing for a felony offense, defend-
ants be apprised that a conviction will result in the loss of their
right to vote while they are serving a felony sentence and the right to
vote will be restored - upon their release form custody.

Section 6 of the bill amends the Executive Law to ensure that individ-
uals about to be granted parole are advised and notified in writing that
their voting rights will be restored upon release.

Section 7 amends the Executive Law to ensure that individuals about to
be released upon parole are advised and notified in writing that their
voting rights will be restored upon release.

Section 8 amends the Executive Law to ensure in cases where a revocation
of parole that results in reincarceration is contemplated, the individ-
ual affected shall receive written notice that this revocation will
result in the loss of the right to vote for such period and the right to
vote will be restored upon release.

Section 9 of the bill amends the Correction Law to ensure that individ-
uals about to be released from State Facilities are notified both
verbally and in writing that their voting rights will be restored upon
release; they shall be provided a voter registration/declination form
and further be provided assistance in filling it out along with voter
education materials by the Board of Elections. Either the registering
individual or the Department of Corrections shall transmit the completed
registration application to the local board of the individual's resi-
dence.

Section 10 of the bill amends the Correction Law to ensure that individ-
uals about to be released from Local Facilities are notified both
verbally and in writing that their voting rights will be restored upon
release; they shall be provided a voter registration/declination form
and further be provided assistance in filling it out along with voter
education materials by the Board of Elections. Either the registering
individual or the Department of Corrections shall transmit the completed
registration application to the local board of the individual's resi-
dence.

Section 11 of the bill amends the Correction Law to ensure that individ-
uals about to be released from Community Supervision are notified both
verbally and in writing that their voting rights will be restored upon
release; they shall be provided a voter registration/declination form
and further be provided assistance in filling it out along with voter
education materials by the Board of Elections. Either the registering
individual or the Department of Corrections shall transmit the completed
registration application to the local board of the individual's resi-
dence.

Section 12 of the bill amends the Election Law to provide for a new
outreach program to educate professionals such as lawyers, judges,
election officials, corrections officials and the public about the new
policy.

Section 13 of the bill contains the enacting clause which provides that
sections 1-3 & 7 will go into effect immediately and sections 4-6 & 8-12
will go into effect on the 120th day after the bill shall have become
law.

 
JUSTIFICATION:

This legislation would amend the election law, allowing for the timely
restoration of voting rights to individuals who have successfully served
their sentence for a felony and been released into community super-
vision.

The current law essentially withholds the voting rights of individuals
released into community supervision for many years, until such time as
the underlying maximum sentence has expired or until formal community
supervision ends. In many cases, this can add an additional 5-10 years
until the individual can formally reintegrate into the electoral process
through the simple act of registering to vote.

If the goal of imprisonment is truly to prevent individuals from stray-
ing from the confines of our laws and society's norms, then facilitation
of reentrance into the voting process should be an essential component
of rehabilitation and reintegration during community supervision. It is
the goal of this legislation to allow individuals who have paid the most
significant portion of their debt to society to be provided with a reha-
bilitative tool of the highest order-the rational reinstatement of their
right to vote.

Currently, 14 states, including Pennsylvania, Ohio, Indiana, Montana,
Utah and New Hampshire provide individuals released into community
supervision the right to vote, and two states, Maine and Vermont, do not
take away the voting rights of felons at all.

With other vital voting reforms already passing this year, we must make
sure that no silenced population is forgotten in the pursuit of restor-
ing and expanding that ever-favorite process of our just democracy-the
right to vote.

 
LEGISLATIVE HISTORY:

2015-16: S.2023/A.7634; referred to Elections Committee; ordered to
third reading in Assembly.

2017-18: S.960/A.5367; referred to Elections Committee; ordered to third
reading in Assembly.

2019-20: S.1931-A/A.4987; referred to Elections Committee in both hous-
es.

 
FISCAL IMPLICATIONS:

None Noted.

 
EFFECTIVE DATE:
Sections 1-3 & 7 will go into effect immediately and sections 4-6 & 8-12
will go into effect on the 120th day after the bill shall have become
law.

S830 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    830
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  COMRIE, MYRIE, BAILEY, BENJAMIN, BIAGGI, BRESLIN,
   GIANARIS, HARCKHAM, HOYLMAN, JACKSON,  KAVANAGH,  KRUEGER,  LIU,  MAY,
   MAYER,  PARKER,  PERSAUD,  RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA,
   SERRANO, STAVISKY -- read twice and ordered printed, and when  printed
   to be committed to the Committee on Elections
 
 AN ACT to amend the election law, the criminal procedure law, the execu-
   tive  law,  and the correction law, in relation to voting by convicted
   felons
 
   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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05828-05-1

 S. 830                              2

 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. 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.
   § 5. Section 380.50 of the criminal procedure law is amended by adding
 a new subdivision 7 to read as follows:
   7.   BEFORE   IMPOSING  A  SENTENCE  OF  INCARCERATION  FOR  A  FELONY
 CONVICTION, THE COURT MUST ADVISE  THE  DEFENDANT  ON  THE  RECORD  THAT
 CONVICTION WILL RESULT IN LOSS OF THE RIGHT TO VOTE WHILE THE INDIVIDUAL
 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

 S. 830                              3
 
 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

 S. 830                              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 OF HIS OR HER RIGHT TO
 VOTE AND PROVIDE SUCH PERSON WITH A FORM OF APPLICATION FOR VOTER REGIS-
 TRATION 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  MECHAN-
 ICS 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 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 four, 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
 paragraph  (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.

Co-Sponsors

view additional co-sponsors

S830A - Details

Law Section:: Election Law
Laws Affected:: Amd §§5-106 & 3-102, rpld §8-504 sub 5, ren subs 6 - 8 to be subs 5 - 7, El L; amd §220.50, CP L; amd §259-i, Exec L; add §§510 & 209, Cor L

S830A - Summary

Relates to voting and registration for voting by formerly incarcerated individuals convicted of a felony.

S830A - Sponsor Memo

 
BILL NUMBER: S830A

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE:

This bill would restore voting rights to parolees, post-incarceration to
facilitate community reintegration and participation in the civic proc-
ess, rather than requiring a parolee to wait until he or she has been
discharged from parole or reached the maximum expiration date of the
underlying sentence.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the election law to make it clear that no

one convicted of a felony and sentenced for said felony for violating
New York State Law may vote while incarcerated.

Section 2 of the bill amends the election law to make it clear that no
one convicted of a felony and sentenced for said felony via conviction
in a Federal Court of a crime that would be considered a felony under
the laws of New York State Law may vote while incarcerated.

Section 3 of the bill amends the election law to make it clear that no
one convicted of a felony and sentenced for said felony via conviction
in another State Court of a crime that would be considered a felony
under the laws of New York State Law may vote while incarcerated.

Section 4 repeals certain sections of existing law.

Section 5 of the bill amends the Criminal Procedure Law to add a
requirement that at the time of sentencing for a felony offense, defend-
ants be apprised that a conviction will result in the loss of their
right to vote while they are serving a felony sentence and the right to
vote will be restored - upon their release form custody.

Section 6 of the bill amends the Executive Law to ensure that individ-
uals about to be granted parole are advised and notified in writing that
their voting rights will be restored upon release.

Section 7 amends the Executive Law to ensure that individuals about to
be released upon parole are advised and notified in writing that their
voting rights will be restored upon release.

Section 8 amends the Executive Law to ensure in cases where a revocation
of parole that results in reincarceration is contemplated, the individ-
ual affected shall receive written notice that this cation will result
in the loss of the right to vote for such period and the right to vote
will be restored upon release.

Section 9 of the bill amends the Correction Law to ensure that individ-
uals about to be released from State Facilities are notified both
verbally and in writing that their voting rights will be restored upon
release; they shall be provided a voter registration/declination form
and further be provided assistance in filling it out along with voter
education materials by the Board of Elections. Either the registering
individual or the Department of Corrections shall transmit the completed
registration application to the local board of the individual's resi-
dence.

Section 10 of the bill amends the Correction Law to ensure that individ-
uals about to be released from Local Facilities are notified both
verbally and in writing that their voting rights will be restored upon
release; they shall be provided a voter registration/declination form
and further be provided assistance in filling it out along with voter
education materials by the Board of Elections. Either the registering
individual or the Department of Corrections shall transmit the completed
registration application to the local board of the individual's resi-
dence.

Section 11 of the bill amends the Correction Law to ensure that individ-
uals about to be released from Community Supervision are notified both
verbally and in writing that their voting rights will be restored upon
release; they shall be provided a voter registration/declination form
and further be provided assistance in filling it out along with voter
education materials by the Board of Elections. Either the registering
individual or the Department of Corrections shall transmit the completed
registration application to the local board of the individual's resi-
dence.

Section 12 of the bill amends the Election Law to provide for a new
outreach program to educate professionals such as lawyers, judges,
election officials, corrections officials and the public about the new
policy.

Section 13 of the bill contains the enacting clause which provides that
sections 1-3 & 7 will go into effect immediately and sections 5-6 & 8-12
will go into effect on the 120th day after the bill shall have become
law.

 
JUSTIFICATION:

This legislation would amend the election law, allowing for the timely
restoration of voting rights to individuals who have successfully served
their sentence for a felony and been released into community super-
vision.

The current law essentially withholds the voting rights of individuals
released into community supervision for many years, until such time as
the underlying maximum sentence has expired or until formal community
supervision ends. In many cases, this can add an additional 5-10 years
until the individual can formally reintegrate into the electoral process
through the simple act of registering to vote.

If the goal of imprisonment is truly to prevent individuals from stray-
ing from the confines of our laws and society's norms, then facilitation
reentrance into the voting process should be an essential component of
rehabilitation and reintegration during community supervision. It is the
goal of this legislation to allow individuals who have paid the most
significant portion of their debt to society to be provided with a reha-

bilitative tool of, the highest order-the rational reinstatement of
their right to vote.

Currently, 14 states, including Pennsylvania, Ohio, Indiana, Montana,
Utah and New Hampshire provide individuals released into community
supervision the right to vote, and two states, Maine and Vermont, do not
take away the voting rights of felons at all.

With other vital voting reforms already passing this year, we must make
sure that no silenced population is forgotten in the pursuit of restor-
ing and expanding that ever-favorite process of our just democracy-the
right to vote.

 
LEGISLATIVE HISTORY:

2015-16: S.2023/A.7634; referred to Elections Committee; ordered to
third reading in Assembly.

2017-18: S.960/A.5367; referred to Elections Committee; ordered to third
reading in Assembly.

2019-20: S.1931-A/A.4987; referred to Elections Committee in both hous-
es.

 
FISCAL IMPLICATIONS:

None Noted.

 
EFFECTIVE DATE:;
Sections 1-3 & 7 will go into effect immediately and sections 4-6 & 8-12
will go into. effect on the 120th day after the bill shall have become
law.

S830A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  830--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  COMRIE, MYRIE, BAILEY, BENJAMIN, BIAGGI, BRESLIN,
   BRISPORT, GIANARIS, HARCKHAM,  HOYLMAN,  JACKSON,  KAVANAGH,  KRUEGER,
   LIU,  MAY,  MAYER,  PARKER,  PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS,
   SEPULVEDA, SERRANO, STAVISKY -- read twice and  ordered  printed,  and
   when  printed to be committed to the Committee on Elections -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted 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.
                                                            LBD05828-07-1

 S. 830--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 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
 ALSO BE NOTIFIED IN WRITING THAT  HIS  OR  HER  VOTING  RIGHTS  WILL  BE
 RESTORED UPON RELEASE.

 S. 830--A                           3
 
   §  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
 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

 S. 830--A                           4
 
 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.

Co-Sponsors

view additional co-sponsors

S830B (ACTIVE) - Details

Law Section:: Election Law
Laws Affected:: Amd §§5-106 & 3-102, rpld §8-504 sub 5, ren subs 6 - 8 to be subs 5 - 7, El L; amd §220.50, CP L; amd §259-i, Exec L; add §§510 & 209, Cor L

S830B (ACTIVE) - Summary

Relates to voting and registration for voting by formerly incarcerated individuals convicted of a felony.

S830B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S830B

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE:

This bill would restore voting rights to parolees, post-incarceration to
facilitate community reintegration and participation in the civic proc-
ess, rather than requiring a parolee to wait until he or she has been
discharged from parole or reached the maximum expiration date of the
underlying sentence.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the election law to make it clear that no

one convicted of a felony and sentenced for said felony for violating
New York State Law may vote while incarcerated.

Section 2 of the bill amends the election law to make it clear that no
one convicted of a felony and sentenced for said felony via conviction
in a Federal Court of a crime that would be considered a felony under
the laws of New York State Law may vote while incarcerated.

Section 3 of the bill amends the election law to make it clear that no
one convicted of a felony and sentenced for said felony via conviction
in another State Court of a crime that would be considered a felony
under the laws of New York State Law may vote while incarcerated.

Section 4 repeals certain sections of existing law.

Section 5 of the bill amends the Criminal Procedure Law to add a
requirement that at the time of sentencing for a felony offense, defend-
ants be apprised that a conviction will result in the loss of their
right to vote while they are serving a felony sentence and the right to
vote will be restored - upon their release form custody.

Section 6 of the bill amends the Executive Law to ensure that individ-
uals about to be granted parole are advised and notified in writing that
their voting rights will be restored upon release.

Section 7 amends the Executive Law to ensure that individuals about to
be released upon parole are advised and notified in writing that their
voting rights will be restored upon release.

Section 8 amends the Executive Law to ensure in cases where a revocation
of parole that results in reincarceration is contemplated, the individ-
ual affected shall receive written notice that this cation will result
in the loss of the right to vote for such period and the right to vote
will be restored upon release.

Section 9 of the bill amends the Correction Law to ensure that individ-
uals about to be released from State Facilities are notified both
verbally and in writing that their voting rights will be restored upon
release; they shall be provided a voter registration/declination form
and further be provided assistance in filling it out along with voter
education materials by the Board of Elections. Either the registering
individual or the Department of Corrections shall transmit the completed
registration application to the local board of the individual's resi-
dence.

Section 10 of the bill amends the Correction Law to ensure that individ-
uals about to be released from Local Facilities are notified both
verbally and in writing that their voting rights will be restored upon
release; they shall be provided a voter registration/declination form
and further be provided assistance in filling it out along with voter
education materials by the Board of Elections. Either the registering
individual or the Department of Corrections shall transmit the completed
registration application to the local board of the individual's resi-
dence.

Section 11 of the bill amends the Correction Law to ensure that individ-
uals about to be released from Community Supervision are notified both
verbally and in writing that their voting rights will be restored upon
release; they shall be provided a voter registration/declination form
and further be provided assistance in filling it out along with voter
education materials by the Board of Elections. Either the registering
individual or the Department of Corrections shall transmit the completed
registration application to the local board of the individual's resi-
dence.

Section 12 of the bill amends the Election Law to provide for a new
outreach program to educate professionals such as lawyers, judges,
election officials, corrections officials and the public about the new
policy.

Section 13 of the bill contains the enacting clause which provides that
sections 1-3 & 7 will go into effect immediately and sections 5-6 & 8-12
will go into effect on the 120th day after the bill shall have become
law.


 
JUSTIFICATION:  This legislation would amend the election law, allow-
ing for the timely restoration of voting rights to individuals who have
successfully served their sentence for a felony and been released into
community supervision.

The current law essentially withholds the voting rights of individuals
released into community supervision for many years, until such time as
the underlying maximum sentence has expired or until formal community
supervision ends. In many cases, this can add an additional 5-10 years
until the individual can formally reintegrate into the electoral process
through the simple act of registering to vote.  If the goal of imprison-
ment is truly to prevent individuals from straying from the confines of
our laws and society's norms, then facilitation reentrance into the
voting process should be an essential component of rehabilitation and
reintegration during community supervision. It is the goal of this
legislation to allow individuals who have paid the most significant
portion of their debt to society to be provided with a reha- bilitative
tool of, the highest order-the rational reinstatement of their right to
vote.

Currently, 14 states, including Pennsylvania, Ohio, Indiana, Montana,
Utah and New Hampshire provide individuals released into community
supervision the right to vote, and two states, Maine and Vermont, do not
take away the voting rights of felons at all.  With other vital voting
reforms already passing this year, we must make sure that no silenced
population is forgotten in the pursuit of restoring and expanding that
ever-favorite process of our just democracy-the right to vote.

 
LEGISLATIVE HISTORY:

2015-16: S.2023/A.7634; referred to Elections Committee; ordered to
third reading in Assembly.

2017-18: S.960/A.5367; referred to Elections Committee; ordered to third
reading in Assembly.

2019-20: 5.1931-A/A.4987; referred to Elections Committee in both hous-
es.

 
FISCAL IMPLICATIONS:

None Noted.

 
EFFECTIVE DATE:;
Sections 1-3 & 7 will go into effect immediately and sections 4-6 & 8-12
will go into. effect on the 120th day after the bill shall have become
law.

S830B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  830--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  COMRIE, MYRIE, BAILEY, BENJAMIN, BIAGGI, BRESLIN,
   BRISPORT, BROUK,  GIANARIS,  GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,
   KAVANAGH,  KRUEGER,  LIU,  MAY, MAYER, PARKER, PERSAUD, RAMOS, RIVERA,
   SALAZAR, SANDERS, SEPULVEDA,  SERRANO,  STAVISKY  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Elections -- committee discharged, bill amended, ordered reprinted  as
   amended  and recommitted to said committee -- committee discharged and
   said bill committed to the  Committee  on  Crime  Victims,  Crime  and
   Correction -- 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.

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

                                                            LBD05828-08-1

 S. 830--B                           2
 
   §  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
 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,

 S. 830--B                           3
 
 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
 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,

 S. 830--B                           4
 
 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  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.

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The New York State Senate

senate Bill S830A

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Current Bill Status - Passed Senate

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Votes

Feb 24, 2021 - floor Vote

Floor Vote: Feb 24, 2021

Feb 22, 2021 - Crime Victims, Crime and Correction committee Vote

Committee Vote: Feb 22, 2021

Feb 22, 2021 - Rules committee Vote

Committee Vote: Feb 22, 2021

Bill Amendments

Co-Sponsors

S830 - Details

S830 - Summary

S830 - Sponsor Memo

S830 - Bill Text download pdf

Co-Sponsors

S830A - Details

S830A - Summary

S830A - Sponsor Memo

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S830B (ACTIVE) - Details

S830B (ACTIVE) - Summary

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Comments

senate Bill S830A

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Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 24, 2021 - floor Vote

Floor Vote: Feb 24, 2021

Feb 22, 2021 - Crime Victims, Crime and Correction committee Vote

Committee Vote: Feb 22, 2021

Feb 22, 2021 - Rules committee Vote

Committee Vote: Feb 22, 2021

Bill Amendments

Co-Sponsors

S830 - Details

S830 - Summary

S830 - Sponsor Memo

S830 - Bill Text download pdf

Co-Sponsors

S830A - Details

S830A - Summary

S830A - Sponsor Memo

S830A - Bill Text download pdf

Co-Sponsors

S830B (ACTIVE) - Details

S830B (ACTIVE) - Summary

S830B (ACTIVE) - Sponsor Memo

S830B (ACTIVE) - Bill Text download pdf

Comments