Bill S316-2013

Relates to certificates of relief from disabilities issued by the department of corrections and community supervision

Relates to certificates of relief from disabilities issued by the department of corrections and community supervision.

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  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 9, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Memo

BILL NUMBER:S316

TITLE OF BILL: An act to amend the correction law, in relation to certificates of relief from disabilities issued by the department of corrections and community supervision

PURPOSE: This bill conforms the requirements for a certificate of relief from disabilities to the requirements for a certificate of good conduct

SUMMARY OF PROVISIONS: Section 1. Amends Section 702, subdivision 2 of the Correction Law. Creates a conforming change to mirror the provisions of Correction Law 703-b relating to the issuance of certificates of good conduct by the State Board of Parole, provided that the Board is satisfied that the person is an eligible offender, the relief is consistent with the rehabilitation of the offender, and the relief is consistent with the public interest.

Section 2. Creates the same conforming change to §702 of the correction law for certificates of relief from disabilities issued by the courts. This section also mirrors the provisions of correction Law § 703-b relating to the issuance of certificates of good conduct by the State Board of Parole, provided that the Court is satisfied that the person is an eligible offender, the relief is consistent with the rehabilitation of the offender, and the relief is consistent with the public interest

Section 3. Effective Date

JUSTIFICATION: Certificates of Relief from Disabilities are a powerful tool created by the Legislature to promote and encourage successful reintegration after a conviction. It can lay the groundwork for re-entry into society, allowing individuals to obtain, for example, licences essential to employment which can empower them to make child support payments and break the cycle of poverty. A certificate can also prevent eviction, loss of a job and loss of an occupational license.

The suggested change to conform the provisions of the correction law governing certificates of relief from disabilities to those governing certificates of good conduct would promote the successful reentry, rehabilitation and public safety throughout New York State, as originally intended by the Legislature.

The correction law currently provides that a certificate of good conduct shall be issued where the Parole Board is satisfied that the applicant is eligible. The relief to be granted by the certificate is consistent with the rehabilitation of the applicant and is consistent with the public interest. This bill makes the same provisions for both the courts and the Parole Board to issue certificates of relief.

LEGISLATIVE HISTORY:

2012: S.6540 - Referred to Crime Victims, Crime and Correction/A.7813-A - Passed Assembly 2011: A.7813-A - Amended and Recommitted to Rules

FISCAL IMPLICATIONS: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 316 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to certificates of relief from disabilities issued by the department of corrections and community supervision THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 702 of the correction law, as amended by chapter 342 of the laws of 1972, is amended to read as follows: 2. Such certificate shall [not] be issued by the court [unless] PROVIDED THAT the court is satisfied that: (a) The person to whom it is to be granted is an eligible offender, as defined in section seven hundred OF THIS ARTICLE; (b) The relief to be granted by the certificate is consistent with the rehabilitation of the eligible offender; and (c) The relief to be granted by the certificate is consistent with the public interest. S 2. The opening paragraph of subdivision 3 of section 703 of the correction law, as amended by section 34 of subpart B of part C of chap- ter 62 of the laws of 2011, is amended to read as follows: The department shall [not] issue [any] A certificate of relief from disabilities pursuant to subdivisions one or two OF THIS SECTION, [unless] WHEN the department is satisfied that: S 3. This act shall take effect immediately.

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