What's happening
This bill amends requirements for issuing certificates of relief from disabilities and good conduct by clarifying eligibility and approval standards.
Why it matters
Makes it clearer when courts and the Department of Corrections can issue certificates. the bill replaces negative phrasing (“shall not... unless”) with positive standards (“provided that...”), ensuring that eligibility and approval requirements are explicit and easier to follow for applicants, judges, and administrators.
Could lead to more consistent and transparent decision-making. about who receives certificates of relief from disabilities or good conduct, by standardizing the criteria and making the process less ambiguous.
Potentially increases access for eligible individuals. by clarifying that relief may be granted if the applicant is rehabilitated and public interest is served, which could help formerly incarcerated people reintegrate into society, find jobs, and overcome legal barriers.
Specifically addresses people convicted outside New York. , reaffirming that they can apply for certificates if they show negative legal impacts in New York, which may matter to individuals with out-of-state convictions seeking relief here.
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Who cares
Headline styles
Update Disability Certificate Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1607
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. MOSLEY -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to certificates of disabilities issued by courts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 702 of the correction law, as amended by chapter 342 of the laws of 1972, is amended to read as follows:
2. Such certificate shall [not] be issued by the court [unless] provided that the court is satisfied that:
(a) The person to whom it is to be granted is an eligible offender, as defined in section seven hundred of this article;
(b) The relief to be granted by the certificate is consistent with the rehabilitation of the eligible offender; and
(c) The relief to be granted by the certificate is consistent with the public interest.
§ 2. The opening paragraph of subdivision 3 of section 703 of the correction law, as amended by section 34 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
The department shall [not] issue [any] a certificate of relief from disabilities pursuant to subdivisions one or two of this section, [unless] provided that the department is satisfied that:
§ 3. Subdivision 2 of section 703-b of the correction law, as amended by section 35 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
2. The department shall [have the power to] issue a certificate of good conduct to any person previously convicted of a crime in any other jurisdiction, when the department is satisfied that:
(a) The applicant has demonstrated that there exist specific facts and circumstances, and specific sections of New York state law that have an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04017-01-7
A. 1607 2
adverse impact on the applicant and warrant the application for relief to be made in New York; and
(b) The provisions of paragraphs (a), (b) and (c) of subdivision one of this section have been met.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.