Relates to the issuance and administration of certificates of restoration; repealer

Title of bill

An act to amend the correction law, the executive law, the tax law, the vehicle and traffic law, the alcoholic beverage control law, the agriculture and markets law, the public health law, the general municipal law, the town law, the education law, the general business law, the insurance law, the banking law, the penal law, the civil rights law, the real property law and the administrative code of the city of New York, in relation to the issuance of certificates of restoration; and to repeal certain provisions of the correction law relating thereto

Purpose

This bill establishes a certificate of restoration to replace the certificate of good conduct and certificate of relief from disabilities.

Summary of provisions

The bill creates a "certificate of restoration" (COR) to take the place of a 'certificate of relief from disabilities" (CRD) and a "certificate of good conduct" (CGC). For persons convicted to a period of state imprisonment this legislation requires an application for consideration of such certificate and an elapsed period of time after release from custody for certain offenders before such application shall be considered. The bill also makes conforming changes to various sections of law that currently reference a CRD or CGC by adding the certificate of restoration to these sections.

Justification

Criminal records can be a barrier to employment. New York State has ameliorated the negative effects of a criminal record on employability through the development of certificates of rehabilitation issued by the department of corrections and community supervision or by the sentencing court. The certificates allow formerly incarcerated people to obtain employment and licenses from which they would otherwise be barred by virtue of their criminal records and to demonstrate to prospective employers that they have lived crime free since being released from prison.

Currently we have a costly and cumbersome process to issue one of two different kinds of certificates which can be issued by either the Department of Corrections and Community Supervision or the court - all to produce the same intended result, which is to relieve a specified disability. This dual system of certification currently takes approximately 18 months for departmental staff to navigate with the associated financial cost. The two different certificates are confusing to both employers and formerly incarcerated people, and burdensome on the department and the court system with no benefit or gain from having two different certificates.

This bill simplifies the system for awarding certificates of rehabilitation by awarding a single kind of certificate, a certificate of restoration, and by simplifying the process for the department to determine eligibility for the certificate.

The success of people returning from incarceration benefits our entire community while their failure perpetuates a cycle of crime and incarceration. Studies indicate that the, ability to find gainful employment is a major factor in ensuring that former inmates are able to successfully reenter society. This bill seeks to address these problems by consolidating the process for issuance of certificates of rehabilitation in order to facilitate employment opportunities for people returning to the community from incarceration and those with criminal records.

Legislative history

2013-14: S.5499 Referred to Crime Victims, Crime and Correction

Fiscal implications

None to the state.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law provided, however, that the amendments to subdivision 5 of section 530 of the vehicle and traffic law made by section forty-five of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith.