BILL NUMBER:S1013

TITLE OF BILL:  An act to amend the correction law, the criminal
procedure law and the domestic relations law, in relation to child
support obligations of inmates; and to amend section 13 of chapter 182
of the laws of 2010 amending the tax law, the family court act, the
domestic relations law and the social services law relating to the
modification of child support orders, employer reporting of new hires
and quarterly earnings, work programs and the noncustodial earned
income tax credit, in relation to the effectiveness of certain
provisions thereof

PURPOSE:

This bill would enable people residing in a state correctional
facility to be informed of their right to modify an existing child
support order pursuant to Chapter 182 of the Laws of 2010. In addition
and with the approval of the court, individuals released from prison
may be granted up to 180 days before they begin to fulfill their child
support obligations.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the correction law to add a new section
149-a requiring that all people residing in a correctional facility be
notified of their possible eligibility to modify an existing child
              

support order based on their "substantial change in circumstances."

Section 2 of the bill amends section 390.30 of the criminal procedure
law, to require that the presentence investigation include gathering
information with respect to child support obligations.

Section 3 of the bill amends section 236 of the domestic relations law
to give the court discretion to stay an order of child support for up
to 180 days following the release of a non-custodial parent from a
period of incarceration.

Section 4 of the bill amends section 13 of Chapter 182 of the Laws of
2010 to provide that persons whose incarceration began prior to the
effective date of such chapter shall have the ability to modify their
child support orders.

JUSTIFICATION:

Parents have an obligation to provide for their children in every way
possible, and that includes making timely child support payments based
on their income and ability to pay. Child support programs, criminal
justice agencies, and the courts all play a critical role in the
development of fair child support policies for noncustodial parents in
prison and the parole system. While New York has taken some steps to
address the effects of incarceration on the child support obligations
of people in prison, systemic reform has not gone far enough.

Under a 2010 law, New Yorkers entering the prison system are allowed
to apply for a modification of their child support order based on the
substantial change in their circumstances. Before the law was enacted,


incarcerated individuals were barred from filing for a modification
based on a Court of Appeals ruling.

The 2010 law, however, does not apply to people who were incarcerated
prior to the law taking effect. Consequently, this population is not
permitted to even apply to have their child support order changed
despite the fact that they are "involuntarily unemployed." And, for
them, the monthly child support obligations at the time of
imprisonment continue to accrue throughout their incarceration,
sometimes resulting in thousands upon thousands of dollars in back
support payments - an unrealistic sum that they will never be able to
pay in a lifetime. They emerge from prison with enormous debts,
severely hampering their chances for successful reentry into society
by making employment - already difficult with a conviction history --
counterproductive to their economic success and their ability to
provide for their children.

The current inability to stay or modify child support orders compounds
the difficulties noncustodial parents face in the reentry process. If
there is a court order for support, continuation of payments can be
made a condition of release to parole and a non-custodial parent can
face reincarnation if they are unable to pay. Moreover, a parent
reentering society from the prison justice system can lose their
drivers license and face additional jail time if they fail to make
timely child support payments. Without a driver's license, parents in
many rural upstate counties and suburban counties with limited access
to public transportation are unable to travel to and from work. This
alone would make it difficult -if not impossible - for non-custodial
parents to fulfill their financial responsibilities to their children.
New York is doing a disservice to children and families when a child
support modification is deserved but not allowed.

Motivating efforts to enable all men and women who are incarcerated
and who are eligible to apply for a child support modification are
cases like that of 40-year-old Glenn Martin. As noted in Prisoner's
Dilemma in the March 14, 2011, edition of American Prospect, "Mr.
Martin was convicted in 1995 for an armed robbery of -a New York City
jewelry store and was sentenced to six years in prison. When he went
to jail, he had $300 in outstanding child-support debt and owed $100 a
week as part of his regular court-ordered payment. He was worried
because he'd have no income in prison and knew he'd emerge owing more
money. He guessed at the time it would total $3,000 or $4,000.

When he got out in June 2001, he decided to turn his life around, get
a job, and stay out of trouble. But then he found out about his
child-support bill. Not only had his payments accrued during the six
years but the state had tacked on 9 percent compounding interest. The
bill was $50,000."

There are many barriers to a person's ability to make a successful
transition from prison to community and family life, including getting
a living wage job, finding a safe and affordable place to live and
having access to supportive services. These challenges begin the day a
person is released from prison. It is unrealistic to expect that every
formerly incarcerated person will be able to begin fulfilling their
child support obligations immediately, and that is why the bill gives
the court discretion to stay an order for up to 180 days.


FISCAL IMPACT:

Minimal.

LEGISLATIVE HISTORY:

2011-2012: S.5473-A - Died in Committee;
2013-2014: S.1402 - Died in Committee

EFFECTIVE DATE:

90 days after becoming law.