Relates to the definition of "direct relationship" for the purposes of article 23-A of the correction law regarding certain licensures and employment

BILL NUMBER:S2096

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. 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 23A and do not automatically disqualify applicants based only on a criminal conviction.

Legislative history

2009-10: S.4368-B/A.8065-A (Aubry)- Referred to Crime Victims, Crime and Correction 2009: Similar Legislation, A.5330, Was Referred to Assembly Corrections

Fiscal implications

Successful re-entry and re-integration of formerly incarcerated individuals will increase state revenues through the inclusion of thousands of able bodied, 'taxpaying citizens' to the state's workforce; additional savings to the state will be gained from a reduction in costs associated with recidivism, re-incarceration and social services.

Local fiscal implications

None.

Effective date

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