Makes inmates convicted of bail jumping ineligible for participation in temporary work release programs

BILL NUMBER:S2048

Title of bill

An act to amend the correction law, in relation to eligible inmates for temporary release programs

Purpose or general idea of bill

To conform the law to deny the privilege of work release programs to individuals, convicted of similar offenses.

Summary of specific provisions

Amends section 851 (2) of the Corrections law to include bail jumping as an offense which will preclude an individual from eligibility for work release programs.

Statement in support of bill

Currently, the Corrections law precludes individuals that have been convicted of escape and absconding offenses from participating in work release programs. There is no logical reason why those individuals t.hat have been convicted of bail jumping offenses should be permitted to benefit from the privilege of work release programs. This amendment is necessary to provide the Board of Parole with the statutory authority to fully investigate an individual applicant for a certificate of relief from disabilities. Current statute dictates that no certificate may be issued unless the Board is satisfied that a person to whom a certificate is granted is an eligible offender as defined in the statute, that the relief granted is consistent with the rehabilitation of the offender, and that the relief granted by the certificate is consistent with the public interest. However, this section of Correction Law does not provide the Board with any authority to conduct an investigation necessary to fulfill these obligations.

This proposal would provide explicit statutory authority to the Board to investigate applicants for certificates of relief from disabilities much like section 703-b(3) authorizes the Board to conduct similar investigations in its decisions to grant certificates of good conduct. The specific language of section 703-b(3) authorizing the Board to conduct such investigations when making determinations regarding issuance of certificates of good conduct effectively counters any assumptions that might be made about the Board's investigatory authority flowing from the statutory authority to issue certificates of relief from disabilities.

In addition, Section 703 (1) (b) defines an eligible offender as one who resides within this State and whose :judgment of conviction was rendered by a court in any other jurisdiction. In these instances, the Board has limited access, if any, to an applicant's criminal history record, presentence probation report, psychiatric or mental health report, or any other documents upon which to base a decision regarding the issuance of a certificate of good conduct. This lack of information, coupled with an absence of statutory authority to access sister state or

Federal court and probation records, results in the Board having only partial authority necessary to make an informed decision regarding the issuance of a certificate of relief from disabilities. Therefore, this amendment is necessary in order for the Board to adequately fulfill its statutory obligations under this Section of the Correction Law.

Fiscal implications for state and local governments

None known oranticipated.

Effective date

This Act shall take effect immediately provided that the amendment to subdivision two of section eight hundred fifty-one of the correction law made by section one of this Act, shall not affect the expiration of said provisions.