Establishes no fee shall be charged when the department of correctional services or a local correctional facility requests a birth certificate

2 Co-sponsors

• Richard Gottfried
• William Colton

1 Multi-sponsor

• N. Nick Perry

BILL NUMBER:A3686A

Title of bill

An act to amend the public health law, in relation to establishing no fee shall be charged for certain requests for birth certificates

Purpose of the bill

To allow the Department of Correctional Services, local correctional facilities and juvenile detention facilities to request birth certificates for inmates or juveniles in anticipation of release.

Summary of specific provisions

Section 1 of the bill amends the public health law to provide that the state department of health shall not charge a fee when a birth certificate is requested by the department of correctional services, a local correctional facility, or a juvenile detention facility for an inmate or juvenile in anticipation of release.

Section 2 of the bill amends the public health law to provide that the City of New York shall not charge a fee when a birth certificate is requested by the department of correctional services, a local correctional facility, or a juvenile detention facility for an inmate or juvenile in anticipation release.

Justification

Persons being released from incarceration face many barriers to a successful reentry to the community. One significant barrier is the inability to obtain proper identification (i.e. driver's license, social security card). Securing proper identification is vital to an inmate's ability to find stable employment, housing and secure benefits. Providing each-person with a birth certificate upon release will allow them to more easily obtain the necessary identification.

While the New York State Department of Health has been willing to provide birth certificates free of charge, there have been circumstances in which the City of New York, which is responsible for all birth certificates of persons born in the City, has been unwilling to waive the fee when a birth certificate is requested by a prison, jail or juvenile detention facility. Inmates and juveniles are generally unable to pay the fee and the facilities do not have the funds to pay for each birth certificate. Therefore, this bill will provide by law that birth certificates be provided to DOCS, local correctional facilities and juvenile detention facilities free of charge.

Fiscal implications for state & local governments

There is no cost to the state because the department of health is already supplying birth certificates to facilities free of charge as a matter of practice. There may be some cost to the City of New York but it is minimal because the City has been providing birth certificates to prisons and jails but has stamped such certificates "not for personal use." Therefore, the certificates are already being produced and sent to correctional agencies. This bill would simply require that these certificates for certified.

Prior legislative history

Passed Assembly in 2005 and 2009.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.