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

                                 3235--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M. of A. AUBRY, PERRY, FAHY -- read once and referred to
  the Committee  on  Correction  --  recommitted  to  the  Committee  on
  Correction  in  accordance  with  Assembly Rule 3, sec. 2 -- 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 inmates

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07716-02-6
              

A. 3235--A                          2

reasonable  doubt,  and  except such inmates who are released to partic-
ipate in a program outside the facility who are required  to  return  to
the facility, suitable clothing adapted to the season in which he or she
is  discharged not to exceed sixty-five dollars in value and transporta-
tion to the county of his or her conviction or to such  other  place  as
the commissioner may designate. In addition, the commissioner shall take
such steps as are necessary to ensure that inmates have A DEPARTMENT-IS-
SUED  RELEASE  PHOTO IDENTIFICATION CARD WHICH SHALL BE VALID FOR NINETY
DAYS OR GREATER, AND at least forty dollars available upon release.
  S 3. Subdivision 5 of section 201 of the correction law, as  added  by
section  32 of subpart A of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  5. (A) The department shall  assist  inmates  eligible  for  community
supervision  and  [inmates]  PERSONS who are on community supervision to
secure employment, educational or vocational training, and housing.
  (B) WHERE A PERSON ON COMMUNITY  SUPERVISION  WHOSE  DEPARTMENT-ISSUED
RELEASE IDENTIFICATION CARD WILL EXPIRE PRIOR TO SUCH PERSON OBTAINING A
STATE  IDENTIFICATION  CARD  FROM  THE DEPARTMENT OF MOTOR VEHICLES, THE
COMMUNITY SUPERVISION OFFICER SHALL REQUEST THAT THE DEPARTMENT  REISSUE
SUCH  RELEASE IDENTIFICATION CARD FOR AN ADDITIONAL PERIOD OF TIME IF IN
THE OFFICER'S DISCRETION SUCH REISSUANCE WILL HELP TO  ENSURE  THAT  THE
PERSON ON COMMUNITY SUPERVISION SHALL HAVE UNINTERRUPTED POSSESSION OF A
STATE-ISSUED PHOTO IDENTIFICATION CARD.
  S  4.  Subdivision  4  of  section  4174  of the public health law, as
amended by section 32 of part L of chapter 56 of the laws  of  2015,  is
amended to read as follows:
  4.  No  fee shall be charged for a search, certification, certificate,
certified copy or certified transcript of a record to be used for school
entrance, employment certificate or for purposes  of  public  relief  or
when  required  by the veterans administration to be used in determining
the eligibility of any person to participate in the benefits made avail-
able by the veterans administration or  when  required  by  a  board  of
elections  for  the  purposes  of  determining voter eligibility or when
requested by the department of corrections and community supervision  or
a  local  correctional  facility  as  defined  in subdivision sixteen of
section two of the correction law for the purpose of CORRECTING,  AMEND-
ING,  OR  providing a certified copy or certified transcript of birth to
an inmate in anticipation of such inmate's release from custody or  when
requested by the office of children and family services or an authorized
agency  for the purpose of providing a certified copy or certified tran-
script 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.
  S 5. Section 4179 of the public health law, as amended by section  133
of  subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
  S 4179. Vital records; fees; city of  New  York.  Notwithstanding  the
provisions  of  paragraph  one of subdivision a of section 207.13 of the
health code of the city of New York,  the  department  of  health  shall
charge,  and  the  applicant  shall pay, for a search of two consecutive
calendar years under one name and  the  issuance  of  a  certificate  of
birth, death or termination of pregnancy, or a certification of birth or
death,  or  a  certification  that  the record cannot be found, a fee of
fifteen dollars for each copy. Provided, however, that no such fee shall

A. 3235--A                          3

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
inmate in anticipation of such inmate's release from 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.
  S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law.