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History
- Signed chap.488
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.423
- Substituted for A7597A
- Referred to correction
- Delivered to assembly
- Passed senateVote 61–1
- Ordered to third reading cal.1442
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that where the court imposes a revocable sentence of imprisonment the court shall initially determine the fitness of an eligible offender for a certificate
Assembly Floor Calendar · Sponsor Jeffrion Aubry
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5757
Title of bill
An act to amend the correction law, in relation to the issuance of certificates of relief from disabilities
Summary of provisions
Section 1 of the bill would amend subdivision 1 of section 702 of the Correction Law, requiring the court to make a determination, upon application, as to the fitness of an eligible offender for the issuance of a Certificate of Relief from Disabilities ("Certificate" or "Certificate of Relief"). This initial determination would occur prior to or at the time of sentencing, when the sentence imposed is either revocable or a sentence other than commitment to an institution under the jurisdiction of the State Department of Corrections and Community Supervision.
Section 2 of the bill provides that this amendment would take effect immediately.
Justification
Certificates of Relief from Disabilities are a powerful tool created by the Legislature to promote and encourage successful reintegration after a conviction. Issued at sentencing, a Certificate can prevent eviction, loss of a job and loss of an occupational license. It can lay the groundwork for re-entry into society, allowing individuals to obtain, for example, licenses essential to employment, which can empower them to make child support payments and break the cycle of poverty.
The suggested change would promote successful reentry, rehabilitation, and public safety throughout New York State, as originally intended by the Legislature. Under the proposed amendment, judges and probation officers would retain the same level of discretion they currently hold to deny or recommend against the issuance of Certificates. However, by requiring courts to make determinations regarding an applicant's fitness for a Certificate, New Yorkers with conviction histories would benefit from the chance to unlock the door to opportunity and self-sufficiency.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.