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BILL NUMBER:S105

TITLE OF BILL: An act to amend the education law, in relation to prohibiting colleges from denying formerly incarcerated individuals admittance to college based solely on their incarceration

PURPOSE OR GENERAL IDEA OF BILL: To prevent college admittance of an applicant to any institution of higher education based solely on previous incarceration.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 - The Education law is amended by adding a new section 6438 which would prohibit any college from denying admittance to any applicant based solely on their previous incarceration.

JUSTIFICATION: New York State should strive for economic self-sufficiency for those released from prison in order to reduce crime and subsequent government expense. Job oriented education training are the foundation of any solution to this problem. In order to be employed in today's work environment, people require secondary, post-secondary or vocation education training. This legislation would give previously incarcerated people a chance to be admitted into an institution of higher education based on their merits.

PRIOR LEGISLATIVE HISTORY: 2007-2008: Died in Committee 2009-2010: Died in Committee

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect on the first of July next succeeding the date on which it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________

105

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to  prohibiting  colleges
  from  denying  formerly incarcerated individuals admittance to college
  based solely on their incarceration

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

  Section  1.  The education law is amended by adding a new section 6438
to read as follows:
  S  6438.  COLLEGE  ADMITTANCE  FOR  PEOPLE  PREVIOUSLY   INCARCERATED.
NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, NO PERSON
WHO HAS PREVIOUSLY BEEN INCARCERATED, SHALL BE DENIED ADMITTANCE TO  ANY
INSTITUTION OF HIGHER EDUCATION, BASED SOLELY ON SUCH INCARCERATION.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01517-01-1