Relates to the availability of certain benefits to exonerees; repealer

Section 2 updates the language in subdivision 5 of section 8-b of the Court of Claims Act to ensure it applies to women.

Section 3 amends subsection 5 of section 8-b to ensure that an exoneree needs only be cleared of charges they were convicted of to qualify for benefits.

Section 4 amends section 8-b- of the Court of Claims Act to allow for exonerees who were convicted based on a false confession to qualify for benefits.

Section 5 repeals subdivision 7 of section 8-b of the Court of Claims Act.

Section 6 amends section 8-b of the Court of Claims Act to clarify that the benefits detailed in this legislation will be made available upon the finding for the claimant by the court.

Section 7 adds subsections 7-14 to the Court of Claims Act, which will seal the conviction records of exonerees, specify that the benefits are not taxable and shall not be reduced to compensate for the costs of their incarceration, establish exoneree eligibility for health and dental insurance benefits, allow for the repayment of reasonable attorney's fees incurred in the exoneration process, establish exoneree eligibility for tuition benefits, establish exoneree eligibility for all benefits made available to parolees, and protect exonerees' right to sue for damages.

Section 8 adds paragraph c to subdivision 1 of section 156 of the Public Housing Law which prevents any exoneree benefits from being used to calculate income for public housing eligibility, and ensures that exonerees will be given the highest need-based priority for placement in public housing units.

Section 9 amends subdivision 4 of section 404 of the correction law which includes exonerees in the class of inmates that is entitled to mental health discharge planning and other mental health treatment.

Section 10 amends subdivision 2 of section 163 of the civil service law to provide for the provision of health insurance to exonerees.

Section 11 sets the effective date.

Justification

Exonerees, those who have been wrongfully convicted, suffer enormous damage through no fault of their own. It is the State's responsibility to do everything possible to correct those wrongs. While New York's current policy is better than many other states, it still leaves much of the burden of re-entry on individual exonerees and their families. This bill will shift much of this burden back onto the state, rather than on the exonerees.

Exonerees have a broad variety of needs stemming from their time in prison. Because prisoners suffer from poor physical and mental health, it is critical that exonerees are immediately able to access health and mental health care. Job training and education benefits are also essential to ensure exonerees are able to get and hold jobs after their incarceration. Housing is also a serious concern for many exonerees, since they have often have no income or credit history that would allow them to rent an apartment on their own.

Some exonerees are able to depend on family or friends as they begin to rebuild their lives, but many exonerees don't have those resources. Every person who has been wrongly convicted should have all the support they need to start fresh.

Prior legislative history

This is a new bill

Fiscal implications

TBD

Effective date

Immediately