Relates to the administration of the state's prison system and the rights of released inmates

In 2008, there were 42,972 men and woman under parole supervision in the State of New York. 92% were men and 8% were women. The median age of the average parolee was 37 years of age. 52% of the population were Black, 25% were Hispanic, 21% were White and 2% were classified as other. 14% of the parolees reported a grade school education only. 57% resided in New York city, 36% resided in upstate New York and 7% resided in Long Island. Of the total number of parolees, only 9% were employed full-time and earned above the minimum wage. 92% of the people on parole did not make a "living wage", that is, enough money to be self sufficient.

For people coming home from prison, obtaining employment r securing housing, and staying healthy are tough challenges.

The omnibus Re-Entry Bill was introduced on the premise that a working, drug free and tax-paying ex-offender promotes public safety.

To this end, the legislation protects due process rights for prisoners preparing to petition the parole board and ensures that certified birth certificates are available to the returning individual so that he or she can obtain personal identification. Additionally, during exit interviews all inmates will be alerted to special medical programs in their local communities, as well as educational, alcohol or substance abuse programs and mental health services.

Once in the community, the Omnibus Legislation seeks to promote the employment of ex-offenders and prevent unlawful discrimination. The bill removes unreasonable bars from access to entry-level jobs. The bill clearly identifies certificates of Relief and certificates of Good Conduct so that ex-offenders can motion the State to qualify for certain jobs and licenses. The legislation streamlines the process for federal probationers to have their applications for Certificates of Relief from Civil Disabilities heard by the NYS Board of Parole. Moreover, the bill amends Article 23 of the Correction Law to require a strong and ration- ale justification when an ex-offender is denied employment or a license. The legislation also permits ex-offenders access to the State Human Rights Division when there is reason to believe that Government unlaw- fully denied employment or a license.

Five years after an ex-offender's sentence, including parole supervision is over, the legislation removes non-violent ex-offenders names from the DOCS Inmate Look-UP website. Additionally, upon completion of a sentence ex-offenders will be given a copy of their "rap sheets" to enable indi- viduals to correct possible errors and have accurate information about their criminal histories.

Finally, this legislation requires that ex-offenders be advised that their right to vote as a citizen returns to them when their sentence expires and takes affirmative action to ensure that offenders have the opportunity to register to vote.

PART A PRISON RE-ENTRY OMNIBUS BILL 2010 SPONSOR'S MEMORANDUM ACCESS TO PRESEN- TENCE REPORTS FOR INMATES AND PAROLEES

Title of bill

An act to amend the criminal procedure law, in relation to providing inmates and parolees access to presentence reports. Inmates and parolees need these reports to properly prepare for parole hearings and appeals from determinations of the parole board.

Purpose of the bill

There has been much litigation concerning the right of an inmate to have access to a copy of his or her presentence report. This instant bill

seeks to conform the law to a line of court decisions which have inter- preted the section of the criminal procedure law governing the redaction and release of these reports to inmates and parolees.

Summary of provisions

The Appellate Division recognizes two rights an individual possesses with respect to obtaining a copy of a presentence report. First, as a defendant under CPL 390.50 (2) (a), the individual may request a copy of the report not less than one day before sentencing or in connection with an appeal of the criminal case. people v. Blanche, 193 A.D.2d 991, 598 N.Y.S.2d 102 (3rd Dept. 1993). Secondly, as an inmate or parolee and with respect to collateral proceedings, the inmate may obtain a copy of the report when he or she makes a sufficient factual showing that justi- fies the need for disclosure. CPL 390.50(1); Matter of Gutkaiss, 49 A.D.2d 979, 853 N.Y.S.2d 677 (3rd Dept. 2008).

Under the Executive Law 259-i (1) (a); (2) (e), the parole Board has in its possession a copy of the presentence report. The Board must consider the presentence report as one of the factors to be considered by the Board in determining the inmate's application for release. Often, the inmate does not have a copy of the presentence report. The time period between sentencing and appearing before the parole board is a long time period and due process requires that the inmate have a copy of his or her presentence report to properly and effectively prepare for an appli- cation for release.

This amendment requires the inmate to file a written request with the sentencing court. In the request to the court the defendant shall affirm that he or she anticipates an appearance before the parole board for release or intends to appeal a determination of the parole board. After making the factual showing that he or she needs the presentence report for a release hearing or appeal, the court may conduct an in camera inspection of the presentence report, make redactions wherever the court deems it appropriate provide an inmate a copy of the report.

The Court is required to respond to the inmate's request within 20 days from receipt of the inmate's written request for a copy of his or her presentence report.

Justification

This legislation would resolve any questions about the right of certain inmates to have access to their presentence reports. Cf. Matter of Gutkaiss, 49 A.D.2d 979, 853 N.Y.S.2d 677 (3rd Dept. 200B); Matter of Kilgore v. people, 274 A.D.2d 636, 710 N.y.S.2d 690 (3rd Dept. 2000); Matter of Shader v. people, 233 A.D.2d 717; 650 N.Y.S.2d 350 (3rd Dept. 1996); Matter of Blanche v. people, 193 A.D.2d 991, 59B N.Y.S.2d 102 (3 Dept. 1993).

The law requires the parole board to weigh the impact of the presentence report. sometimes there is inaccurate information in the report or alle- gations not supported by fact. The inmate should be placed in a position where he or she has notice of the contents of the report and also has an

opportunity to correct mistakes and make factual clarifications where the inmate deems it appropriate. Finally, confidentiality of the report is protected by the court. The court has the authority to review the report in camera and to disclose whatever portion of the presentence report it deems appropriate.

Prior legislative history

None.

Fiscal implications

None.

Effective date

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

PART B PRISON RE-ENTRY OMNIBUS BILL 2010 SPONSOR'S MEMORANDUM ENSURING THAT BIRTH CERTIFICATES ARE AVAILABLE FOR RE-ENTRY

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;us off;: To allow the Department of Correctional Services and local correctional facilities to request birth certificates for inmates inmates release. and local correctional in anticipation of such inmate's 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 certif- icate is requested by the department of correctional services or a local correctional facility for an inmate in anticipation of such inmate's 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 or a local correc- tional facility for an inmate in anticipation of such inmate's 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 inmate with a birth certificate upon release will allow inmates to more easily obtain the necessary identification. This bill will ensure

that fees cannot be imposed for a birth certificate unless the law is repealed.

Fiscal implications for state & local governments

There is no cost to the state because the department. of health is already supplying birth certificates to correctional facilities free of charge as a matter of practice. The city of New York also provides birth certificates at no cost to the inmate.

Prior legislative history

A.8911 (2007-2008) passed assembly, delivered to senate and referred to crime victims, crime and correction.

Effective date

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

PART C PRISON RE-ENTRY OMNIBUS BILL 2010 SPONSOR'S MEMORANDUM NOTIFYING INMATES OF HEALTH SERVICES ON THE OUTSIDE

Title of bill

An act to amend the correction law, in relation to services for inmates of state correctional facilities upon their release therefrom.

Purpose

Provides for notice of availability of services to prisoners upon their release from state prison and for the making of arrangements thereof.

Summary of provisions

The correction law is amended by adding a new section 75, that will require an exit interview for all inmates, to alert them to special programs in their communities such as medical services, education, alco- hol or substance abuse treatment or mental health services.

Justification

This proposed legislation addresses the critical need for prisoners, one in five of which is HIV infected and nearly that same proportion tests positive for tuberculosis, to be made aware of the health and educa- tional services available to them in the communities they plan to re-en- ter upon release. The focus of the New York correctional program has been geared toward rehabilitation. To that end the state has developed a number of programs for inmates and recently released offenders. unfortu- nately, many people are not aware of the programs that exist for them upon release. To rectify this situation this bill proposes the estab- lishment of a formal exit interview to inform the inmates of programs that exist in his/her community and where possible assist the inmate in making arrangements to enter these programs. This bill is not intended to impede or delay the release of any individual, its primary function

is to assist individuals in obtaining the necessary treatment and to help curb the spread of disease in New York.

Fiscal implications for state and local government

Minimal.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.

PART D PRISON RE-ENTRY OMNIBUS BILL 2010 SPONSOR'S MEMORANDUM PROVIDING EX-OF- FENDERS COPIES OF THEIR CRIMINAL RECORD

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 crimi- nal 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 back- ground checks, NYS employers have easy access to criminal history infor- mation. 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 correc- tional 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 implication

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.

PART E PRISON RE-ENTRY OMNIBUS BILL 2010 SPONSOR'S MEMORANDUM FEDERAL RECOMMEN- DATION THAT CERTIFICATE BE GRANTED

Title of bill

An act to amend the correction law, in relation to certificates of relief from disabilities issued by the board of parole

Purpose or general idea of bill

This bill transfers the responsibility for reviewing requests for Certificates of Relief from Disabilities for federal felons to federal probation offices.

Summary of specific provisions

The bill amends section 703 of the correction law to provide that when an application for a certificate of relief from disabilities is filed with the Board of parole for a person with a federal criminal

conviction, the Board shall issue the certificate if recommended by the chief probation officer of the federal district court.

Justification

Under federal and state law, convicted felons who have paid their debt to society are still subject to various civil disabilities, including restrictions on employment. Specifically, former felons are barred from obtaining occupational or professional licenses without a certificate of relief from disabilities (CRD), preventing them from holding positions ranging from garbage collector to private investigator or real estate broker. These certificates are available only to persons who are first time felony offenders. Currently, in order to seek relief from state-im- posed disabilities, persons convicted of a federal offense residing within New York must apply to the state Board of parole. The correction Law provides that the Board of parole has the power to issue a certif- icate of relief from disabilities to an eligible offender who resides within New York and whose judgment of conviction was rendered by a court in any other jurisdiction, such as a federal court. Therefore, a person with a federal conviction presently must apply to a state agency unfa- miliar with his or her background for relief from the state imposed civil disabilities. This is an arduous and time-consuming process. Currently, the Board of Parole takes 12-15 months to process an applica- tion for relief. Since virtually every federal sentence includes a peri- od of supervised release by the federal probation office following any period of incarceration, the federal probation office estimates that it would be able to provide recommendations to the Board of Parole in 6-8 weeks since the federal probation office will be more familiar with the federal offender and has easy access to his or her relevant records. This change would reduce the backlog of applications at the state Board of parole; place the decision about the issuance of certificates of relief from disabilities for persons with a federal conviction in the hands of more familiar probation officers; promote greater efficiency in granting said certificates from state-imposed disabilities; and save money for the overworked state Board of Parole.

Prior legislative history

New bill. A10987 (2006) referred to crime victims, crime and correction. A4570 referred to correction in 2007-2008.

Fiscal implications

This bill will reduce state costs with regard to processing applications for certificates of relief for disabilities for persons with a federal conviction.

Effective date

The bill takes effect immediately.

PART F PRISON RE-ENTRY OMNIBUS BILL 2010 SPONSOR'S MEMORANDUM CERTIFICATE OF RELIEF FROM CIVIL DISABILITIES AND CERTIFICATE OF GOOD CONDUCT

Title of bill

An act to amend the penal law, the executive law, the alcoholic beverage control law, the agriculture and markets law, the banking law, the civil rights law, the education law, the town law, the general business law, the general municipal law, the insurance law, the public health law, the real property law, the tax law, and the vehicle and traffic law, in relation to certificates of relief from disabilities and certificates of good conduct.

Purpose or general idea of bill

The purpose of this bill is to ensure that certificates of relief from disabilities and certificates of good conduct issued pursuant to the correction law are correctly identified.

Summary of specific provisions

This bill amends various provisions of law to make conforming technical changes to ensure that certificates of relief from disabilities and certificates of good conduct issued pursuant to the correction law are correctly identified and considered.

Justification

Certificates of Rehabilitation provide an opportunity for ex-offenders to prove their rehabilitation for employment and licensing purposes. There are two types of certificates of Rehabilitation, the: (1) certif- icate of Relief from Disabilities, and (2) certificate of Good conduct. The Sentencing Court of the New York state parole Board generally issue certificates, at their discretion, to eligible applicants based on their favorable character or fitness to work. Courts consider granting the certificates if the applicant was sentenced to a conditional discharge, local jail and or probation; and the New York state parole Board consid- ers granting the certificates to applicants that have been sentenced to state prison. Certificates of Relief from Disabilities and Certificates of Good conduct provide a valuable way for people with criminal records to demonstrate rehabilitation. They restore rights and lift statutory bars to jobs or licenses that result from a conviction history. These certificates, which carry the same weight with regard to the restoration of rights, are essential resources to support the employment of individ- uals with criminal histories, thereby promoting public safety and saving tax dollars. A person can only apply for one type of certificate. The eligibility for each depends on the person's criminal record. Both certificates, however, carry the same weight with regard to restoring the rights of individuals with criminal records. The decision to grant either certificate is discretionary. Some statutes imposing statutory bars mistakenly reference only one of these certificates as lifting the bar or restoring rights. As a result individuals who are eligible only for the other certificate are forever arbitrarily barred from lifting the statutory bar. This bill makes conforming technical changes to vari- ous provisions of law that create statutory bars and correctly identi- fies both certificates of relief and certificates of good conduct as lifting such bars.

Prior legislative history

A.8464A - Passed Assembly in 2007 and 2008.

Fiscal implications

No fiscal impact.

Effective date

This act shall take effect immediately, provided, however, that the amendments to subdivision 5 of section 530 of the vehicle and traffic law made by section thirty-two of this act shall not affect the expira- tions of such subdivision and shall be deemed to expire therewith.

PART G PRISON RE-ENTRY OMNIBUS BILL 2010 SPONSOR'S MEMORANDUM REMOVING BARRIERS TO ENTRY LEVEL JOBS

Title of bill

An act to amend the alcoholic beverage relation to allowing qualified individuals with criminal records to be employed in certain establish- ments that hold liquor licenses.

Purpose

To remove the existing prohibition in alcoholic beverage control law section 102(2) which disallows employment by those previously convicted of a felony or certain enumerated misdemeanors in certain licensed on-premises establishments unless that person has received a pardon, certificate of relief from disabilities or good conduct, or has obtained written approval from the state liquor authority.

Summary of provisions

Subdivision 2 of section 102 of the alcoholic beverage control law is amended to remove the existing prohibition against hiring an individual convicted of a felony or enumerated misdemeanor for restaurants, cater- ing establishments, hotels, clubs and recreational facilities.

Justification

The ABC Law's far-reaching prohibition prevents any employer with a liquor license, except those selling alcohol beverages retail for off premises consumption, from hiring any individual in any capacity who has been convicted of a felony or an enumerated misdemeanor unless that person has obtained a pardon, certificate of relief from disabilities or good conduct or written approval by the State Liquor Authority. This means that employers such as restaurants, hotels, sporting arenas and catering establishments that have liquor licenses cannot hire busboys, waiters, chefs, maitreds, delivery persons or anyone else with these criminal histories unless those applicants have obtained the necessary approval or documentation. This ban thus eliminates thousands of jobs that could safely be made available to qualified people with criminal records. According to the New York State Department of Labor, there has been an increase (+i4, 600) in the number of jobs in the leisure and hospitality industries, including a number of entry-level jobs in the

food service industry, from which people subject to the ABC Law's flat ban are excluded. New York has long recognized the importance of assisting people with criminal records obtain gainful employment, as employment has been identified as a reliable predictor of a person's ability to successfully reenter society, and has enacted many laws to encourage the employment of qualified individuals with criminal histo- ries. For example, the Human Rights Law (Executive Law 296 (16)) prohib- its unfair discrimination against individuals with criminal records and Article 23-A of the Correction Law requires employers to make an indi- vidualized determination regarding whether a person's convictions are related to the job sought or constitute a threat to safety or property. New York's sweeping Alcohol Beverage Control (ABC) Law 102 (2), which prohibits employers licensed to sell alcoholic beverages for on-premises consumption, including hotels and restaurants, from employing any person convicted of a felony or certain less serious offenses in any capacity, except in the circumstances described below, predates New York's adoption of Executive Law 296 (16) and Article 23-A and is inconsistent with the intent of these laws. To bring the ABC Law in line with the policies reflected by these newer laws, the ABC Law's employment bar should be amended so that qualified workers with criminal records can work in certain establishments that have liquor licenses without seeking a pardon, certificate of relief from disabilities or good conduct or written approval by the State Liquor Authority. The prohibition on hiring persons with a felony or misdemeanor conviction would still apply to bars and taverns. Opening up employment opportunities in these industries will not threaten public safety I since under Article 23-A, and restaurant, hotel, or other similar establishment with a liquor license will still consider whether an applicant's conviction(s) is related to the job and whether the public safety or property would be placed at risk, before hiring the person. On the contrary, the proposed amendment, by improving job opportunities for qualified persons with criminal records by permitting them to work in these establishments, advances the public interest and promotes public safety by helping to reduce recidivism.

Legislative history

A.10860-B (2008) ordered to third reading 2008

Fiscal implications

None.

Local fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.

PART H

PRISON RE-ENTRY OMNIBUS BILL 2010 SPONSOR'S MEMORANDUM STRENGTHENING ARTICLE 23

Title of bill

An act to amend the correction law, in relation to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding the licensure and employment of persons previously convicted of one or more criminal offenses.

Purpose

This bill will curtail unlawful discriminatory practices against persons with criminal records and help to ensure that employers abide by the provisions of Article 23-A of the correction law.

Summary of provisions

Section 1 of the bill amends the correction law to revise the definition of "direct relationship" and to establish that a denial of employment or a license based on a criminal record, must be based on the connection between the specific duties or responsibilities of the job or license and the nature of the criminal conviction and such connection must create an unreasonable risk to property or public safety. Section 2 of the bill makes conforming changes to the corrections Law. Section 3 of the bill provides that the act shall take effect on the ninetieth day after it shall have become law.

Justification

Upon return to the community following incarceration, individuals are expected to find and maintain gainful employment. Finding effective ways to manage their reentry into the workforce is critical to promoting public safety and curbing recidivism rates and the high costs of re- incarceration. Unfortunately, many employers maintain blanket barriers to employment based solely on criminal conviction records even when the conviction may be completely unrelated to the job sought and no threat to the public or property is present. Article 23 -A of the correction law prohibits discrimination against a person with a criminal record unless the duties or responsibilities of the job or license sought are directly related to the conviction. This bill will help to ensure that employers abide by the standards of Article 23-A and do not automat- ically disqualify applicants based only on a criminal conviction.

Effective date

On the ninetieth day after becoming a law.

PART I PRISON RE-ENTRY OMNIBUS BILL 2010 SPONSOR'S MEMORANDUM STRENGTHENING ARTICLE 23

Title of bill

An act to amend the correction law, in relation to the manner through which enforcement proceedings are brought

Purpose

The purpose of this bill is to ensure that persons illegally discrimi- nated against by a public employer due to a prior criminal conviction unrelated to the employment sought is able to seek redress with the Division of Human Rights.

Summary of provisions

Section one of the bill amends the correction law to establish that the provisions of Article 23 -A of the correction law are enforceable by the Division of Human Rights when a person is illegally discriminated against by a public employer. Section two of the bill is the effective date.

Justification

New York State's Human Rights Law §297 enumerates the remedies available to a person with a claim of unlawful discrimination. This provision states that, "Any person (emphasis added) claiming to be aggrieved by an unlawful discriminatory practice may, by himself or herself- make, sign and file with the division a verified complaint." Inexplicably, under a separate provision of New York State law, one class of persons, those discriminated against by public agencies on the basis of their criminal record, have their remedies limited. Under Section 755 of the Correction Law, individuals denied employment by a public agency because of their criminal record have only one remedy available to them - an Article 78 proceeding in state court. However, individuals wrongly denied employ- ment by a private employer are able to file a complaint with the Divi- sion of Human Rights. There is no reason that only people who are discriminated against by a public agency because of their criminal record should be limited to fewer options than those complaining about discrimination by private employers. Thus, this bill amends Section 755 of the Correction Law to give persons who suffer discrimination based on a criminal record by a public employer access to the same enforcement mechanisms as those discriminated against by private employers.

There are many legal and policy reasons why persons who experience crim- inal records based on discrimination by public employers should have access to same enforcement mechanisms available to others who experience discrimination by private employers:

* Article 78 proceedings cost the State significant amounts of time and money through the use of court personnel (judges, court officers, clerks, etc.), Attorney General and Corporation Counsel resources and time, as well as time spent by the petitioner drafting the appeal and appearing in court. By contrast, the Division of Human Rights and the Commission on Human Rights have streamlined procedures and mechanisms in place as well as expertise in evaluating discrimination claims. Process- ing criminal records based discrimination claims administratively, which many individuals would choose to do because it does not require them to

obtain legal counsel, will achieve speedy results at less cost to every- one.

* Individuals only have four months to file an Article 78 if they are discriminated against by a public employer. This period is so brief that it has usually passed before many claimants even learn the option of an Article 78 exists, or before they are able to secure legal represen- tation, which most individuals will need in order to file these cases.

* Even when a claimant does successfully file and win an Article 78, it is a Pyrrhic victory - the job in question is usually not available by the time the decision is rendered (usually more than a year after the initial job denial) and the agency reconsiders the employment applica- tion. By contrast, the Division of Human Rights and the commission on Human Rights are able to move quickly in evaluating discrimination complaints and working towards settlement.

* Singling out a protected class of persons who are disproportionately from communities of color and limiting the legal remedies available to them may well violate Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, which prohibits private employers and state and local governments from discriminating in employment based upon race, color, gender, national origin, or religion. The Equal Employment opportunity commission (EEOC) has ruled that employment policies (which could include statutes that provide legal remedies) that exclude indi- viduals based upon their criminal history may violate the Civil Rights Act because such policies disproportionately impact minorities, who are arrested and convicted at a significantly higher rate than their percentage in the population.

Amending Article 755 of the correction Law will mean that individuals who are discriminated against by a public agency as a result of their criminal record will be able to obtain real relief for the discrimi- nation they have suffered. It would also extend equal protection to all persons who suffer from discrimination and would save the state time and resources at a time when resources need to be saved.

Legislative history

New bill.

Fiscal implications

There may be some small increase in administrative costs to the Division of Human Rights as a result of an increase in the filing of complaints.

Local fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after is shall have become law.

PART J PRISON RE-ENTRY OMNIBUS BILL 2010 SPONSOR'S MEMORANDUM STRENGTHENING ARTICLE 23

Title of bill

An act to amend the election law, the criminal procedure law, the correction law and the executive law, in relation to enacting the "voting rights notification and registration act"

Purpose of bill

This bill enacts the "Voting Rights Notification and Registration Act" to remove illegal barriers that prevent convicted felons from register- ing to vote when they have served their sentence of incarceration and are eligible to do so and to provide such individuals the information needed to register.

Summary of specific provisions

SECTION 1 of the bill contains the short title.

SECTION 2 of the bill amends the opening paragraph and subdivisions 2, 4, 5, 8, 12, 13 and 14 of section 5-211 of the election law to add local probation departments and the division of probation and correctional alternatives (when providing direct probation supervision services) to the list of local and state agencies that must offer voter registration forms and assistance with such forms to their clients.

SECTION 3 of the bill amends section 220.50 of criminal procedure law to require that a court, prior to accepting a plea of guilty to a felony for which it will impose a period of imprisonment, advise the defendant on the record that a conviction will result in the loss of the right to vote until the defendant has served the maximum sentence of imprisonment or been discharged from parole.

SECTION 4 of the bill amends section 380.51 of the criminal procedure law to require that a court, prior to imposing a sentence of imprison- ment for a felony conviction, advise the defendant on the record that a conviction will result in the loss of the right to vote until the defendant has served the maximum sentence of imprisonment or been discharged from parole.

SECTION 5 of the bill amends section 510 of the correction law to require that, upon intake or orientation, a local correctional facility must inform an inmate in writing of his or her right to register to vote. The facility must also post a prominent notice informing all inmates of such right and that there is assistance available to do so. A local correctional faculty would be required to provide the same assist- ance regarding voting rights as do many other local and state entities. A local correctional facility shall also provide each inmate, at least 30 days before any primary or general election, with written instructions about absentee voting and shall make absentee ballot appli-

cations available to all inmates, including those temporarily absent from such facility.

SECTION 6 of the bill adds section 75 to the correction law to require the department of correctional services and, subject to their agreement, federal correctional institutions in New York, to inform an inmate, who has reached his or her maximum sentence of imprisonment for a felony conviction, of his or her right to vote upon discharge. The department shall also provide such inmate with a voter registration form, instructions from the board of elections and assistance in registering to vote similar to that provided by many local and state entities. The department and, subject to their agreement, federal correctional insti- tutions in New York, are also required, on or before the fifteenth of each month, to transmit to the state board of elections a list of persons who have become eligible to vote because of their discharge from incarceration with their relevant information.

SECTION 7 of the bill adds section 259-jj to the executive law to require the division of parole to inform an inmate, who has been discharged from presumptive release, parole or conditional release, or who has reached his or her maximum sentence of imprisonment while under the supervision of the division of parole, of his or her right to vote upon discharge. The division shall also provide such inmate with a voter registration form, instructions from the board of elections and assist- ance in registering to vote similar to that provided by many local and state entities. The division is also required, on or before the fifteenth of each month, to transmit to the state board of elections a list of persons who have become eligible to vote because of their discharge from presumptive release, parole or conditional release, or the expiration of their maximum sentence of imprisonment while under the supervision of the division of parole with their relevant information.

SECTION 8 of the bill amends section 5-614 of the election law to require the state board of elections to transmit information from the department of corrections and the division of parole, regarding those persons who are eligible to vote, to the local boards of elections at least once a month and within 5 days of receipt of such information. Local boards shall, within 10 days of receipt of such information, use it to remove any remaining barriers to registration, including electron- ic codes or other indications of non-eligible status. Local boards shall also review any registration forms that were rejected after the effec- tive date of this act and before the receipt of the information provided by the department of corrections or division of parole to ensure that all persons eligible to vote have been registered and notified of such registration.

SECTION 9 of the bill adds section 3-102-a to the election law to require the state board of elections to take several steps to ensure that attorneys, judges, election officials, corrections officials, including parole and probation officers, and members of the public are aware of the requirements of this act.

SECTION 10 of the bill contains the effective date.

Justification

Current law restores an inmate's ability to vote once they have served their prison term and are discharged from parole. New Yorkers who are serving probation are not restricted at all in their ability to cast a ballot.

Surveys show that formerly incarcerated individuals and individuals who are serving probationary sentences do not understand these rules, and are afraid to exercise to participate in their democracy. Further complicating the problem, surveys by the Brennan Center have shown that early half of the county election boards don't understand the rules regarding voter eligibility in these areas. Advocates for full enfran- chisement have worked with these county boards, conducting trainings, providing materials and other information to try to protect the rights of formerly incarcerated individuals and those serving probationary sentences. These efforts have not solved the problem.

This bill is necessary in order to ensure that all eligible voters in New York State are informed of the proper status of their constitu- tionally protected right to vote. This bill creates a mechanism whereby the misinformation surrounding the voting rights of convicted felons will be addressed. The franchise is the most cherished of American rights. Our commitment to former inmates that they can and should vote is an important signal to them that we expect them to be fully reinte- grated into society.

Legislative history

2006: S.8489 - Died in committee 2005: S.2017 - Died in committee

Fiscal implications

None.

Effective date

Ninety days after it shall have become law.

PART K PRISON RE-ENTRY OMNIBUS BILL 2010 SPONSOR'S MEMORANDUM CLEANING UP THE DOCS INMATE LOOK-UP WEB SITE

SPONSOR RUTH HASSELL-THOMPSON

Title of bill

An act to amend the correction law, in relation to the posting of a person's information on the department of corrections' website.

Purpose

This bill amends the corrections law by providing that a person' s conviction information may be posted on the department of corrections'

website for a period not to exceed five years after his or her sentence expires. However, in the case of a person who has been committed to the department more than once, the department may post conviction informa- tion relating to any prior commitment for a period not to exceed five years after his or her sentence expires arising from the most recent commitment to the department.

Summary of provisions

Section one amends the correction law by adding a new section 9 which provides that any information relating to the conviction of a person may be posted on the department's website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision. However, in the case of a person who has been committed to the department on more than one occasion, the department may post conviction information relating to any prior commitment on such website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post release supervision arising from the most recent commitment to the department. The foregoing provisions do not apply to any person who is convicted of an offense that would make the person ineligible for merit time under section 803 of the correction law (violent offender's) or to persons required to register as a sex offen- der.

Justification

The New York State Department of Correctional Services (DOCS) website provides online access to a person's conviction information. currently, there is no limit on how long a person's conviction information will remain posted on this online database. DOCS has a legitimate need to maintain a website of individuals incarcerated in state prisons. victims of crimes may want to ascertain if people who committed crimes against them are still incarcerated and family and friends of people in prison may need a means of determining where their loved ones are being held. Once a person is released from prison and is no longer on parole or post-release supervision, however, those reasons disappear. Those indi- viduals who need criminal record information can obtain it from New York state's Division of Criminal Justice Services, which provides comprehen- sive criminal conviction information to individuals and agencies who are authorized to conduct such requests, and from the Office of Court Admin- istration, which also provides statewide criminal conviction informa- tion. Instead, the DOCS information database, available on the Internet as a free service, is being misused as an inappropriate criminal back- ground check resource for employers and others. The result of this practice is that large numbers of qualified job seekers are being denied access to employment and housing based on information that is often incomplete and potentially misleading. For example, it contains informa- tion about when a person is eligible for release from parole but, because the database is maintained by DOCS and not the Division of Parole, omits information that the person has been discharged from parole, leaving the impression that they are still under state super- vision. Moreover, the DOCS database can be accessed by name alone, making it likely that a person with a common name but no criminal histo-

ry might be confused with another person, currently or formerly incar- cerated, with the same name. Old, incomplete and misleading information about a person's incarceration is simply irrelevant five years after that individual bas been released from prison and is no longer on parole or post-release supervision. Given the other options in New York for individuals to obtain complete criminal history information, the time that a conviction history can be posted on the DOCS website should be limited, at most, to five years after a person is released from prison plus any period of parole or post-release supervision. This bill would not apply to any violent offenders or sex offenders. Therefore, DOCS would continue to maintain information about violent offenders or sex offenders on their website and would not be required to remove such information after the expiration of the applicable period.

Prior legislative history

AG393 of 2005-2006 (reported from corrections) A3070A of 2007-2008 (reported from corrections)

Fiscal implications

None.

Effective date

This act shall take effect immediately; provided, however, that the applicable effective date of Parts A through K of this act shall be as specifically set forth in the last section of such Parts.