Establishes defendants and inmates shall be entitled to receive a copy of their criminal records at certain times

1 Co-sponsor

• Ruth Hassell-Thompson

Title of bill

An act to amend the correction law, the criminal procedure law and the executive law, in relation to providing defendants not sentenced to a period of imprisonment and inmates being released a copy of their criminal record

Purpose

This legislation requires that an inmate be provided with a copy of their criminal record upon release from incarceration. For person not sentenced to a period of imprisonment, the bill requires the sentencing court to provide the person with a copy of their criminal record.

Summary of provisions

Section 1 of the bill requires the Department of Correctional Services to provide a person with a copy of their criminal record upon release together with instructions about how to seek correction of any incorrect information contained in such record and contact information for legal resources to assist them.

Section 2 of the bill requires a local correctional facility to provide a person sentenced to a period of imprisonment of 30 or more days with a copy of their criminal record upon release together with instructions about how to seek correction of any incorrect information contained in such record and contact information for legal resources to assist them.

Section 3 of the bill requires the sentencing court to provide persons not sentenced to a period of incarceration, persons sentenced to less than 30 days, or persons sentenced to time served with a copy of their criminal record at the time of pronouncing sentence together with instructions about how to seek correction of any incorrect information contained in such record and contact information for legal resources to assist them.

Section 4 of the bill requires the Division of Criminal Justice Services to produce instructions about how a person can challenge incorrect information contained in their criminal record. This section further requires the Division to provide such instructions to agencies required by this bill to distribute the instructions to persons being release from incarceration or at sentencing.

Justification

Upon return to the community from incarceration, individuals are expected to find and maintain gainful employment. Finding effective ways to promote ex-offenders find such gainful employment is critical to promoting public safety and curbing recidivism rates and the high costs of re-incarceration. With the recent explosion in technology and the exponential increase in the availability of inexpensive commercial background checks, NYS employers have easy access to criminal history information. However, criminal records often contain inaccuracies which can lead an employer to deny employment based on erroneous information. It is important that criminal records obtained and viewed by employers are accurate. Therefore, this legislation will allow persons with criminal records to receive a copy of their record so that they can address any incorrect information. In order to lessen the impact on local correctional facilities, such facilities will only be required to provide persons sentenced to 30 or more days with a copy of their criminal record.

Legislative history

2007-08: S.4970-B/A.6387-C.

Fiscal implications

There is no estimated cost to the state for implementation of this bill.

Effective date

This act shall take effect on the thirtieth day after enactment.