Relates to certificates of relief from disabilities issued by the department of corrections and community supervision

1 Co-sponsor

• Bill Perkins

Title of bill

An act to amend the correction law, in relation to certificates of relief from disabilities issued by the department of corrections and community supervision

Purpose

This bill conforms the requirements for a certificate of relief from disabilities to the requirements for a certificate of good conduct.

Summary of provisions

Section 1. Amends the Correction Law, section 702 (2) of the Correction Law. Creates a conforming change to mirror the provisions of Correction Law 703-b relating to the issuance of certificates of good conduct by the State Board of Parole, provided that the Board is satisfied that the person is an eligible offender, the relief is consistent with the rehabilitation of the offender, and the relief is consistent with the public interest.

Section 2. Amends the Correction Law section 703 (3). Creates the same conforming change to section 702 of the correction law for certificates of relief from disabilities issued by the courts. This section also mirrors the provisions of correction Law section 703-b relating to the issuance of certificates of good conduct by the State Board of Parole, provided that the Court is satisfied that the person is an eligible offender, the relief is consistent with the rehabilitation of the offender, and the relief is consistent with the public interest.

Section 3. Effective Date

Existing law

Correction Law; Article 23; Sections 702 and 703. Current law prohibits the issuance of certificates of relief from disabilities unless the court and the department of corrections and community supervision are satisfied that the person meets established criteria.

Justification

Certificates of Relief from Disabilities are a powerful tool created by the Legislature to promote and encourage successful reintegration after a conviction. 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. A certificate can also prevent eviction, loss of a job and loss of an occupational license.

The suggested change to conform the provisions of the correction law governing certificates of relief from disabilities to those governing certificates of good conduct would promote the successful reentry, rehabilitation and public safety throughout New York State, as originally intended by the Legislature.

The correction law currently provides that a certificate of good conduct shall be issued where the Parole Board is satisfied that the applicant is eligible. The relief to be granted by the certificate is consistent with the rehabilitation of the applicant and is consistent with the public interest. This bill makes the same provisions for both the courts and the Parole Board to issue certificates of relief.

Legislative history

2014: S.316 - Referred to Crime Victims, Crime and Correction/A.2204 - Enacting Clause Stricken 2013: S.316 - Referred to Crime Victims, Crime and Correction/A.2204 - Passed Assembly 2012: S.6540 - Referred to Crime Victims, Crime and Correction/A.7813-A - Passed Assembly 2011: A.7813-A - Amended and recommitted to Rules FISCAL IMPLICATIONS : None

Effective date

Immediately