Replace Good Conduct Certificates

Section 1. Paragraph (a) of subdivision 1 of section 700 of the correction law, as amended by chapter 342 of the laws of 1972, is amended to read as follows:

(a) "Eligible offender" shall mean a person who has been convicted of a crime or of an offense[, but who has not been convicted more than once of a felony].

§ 2. Section 701 of the correction law, as amended by chapter 342 of the laws of 1972, subdivision 2 as amended by chapter 235 of the laws of 2007, is amended to read as follows:

§ 701. Certificate of [relief from disabilities] restoration. 1. A certificate of [relief from disabilities] restoration may be granted as provided in this article to relieve an eligible offender of any forfeiture or disability, or to remove any bar to his employment, automatically imposed by law by reason of his conviction of the crime or of the offense specified therein. Such certificate may be limited to one or more enumerated forfeitures, disabilities or bars, or may relieve the

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08331-01-7

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eligible offender of all forfeitures, disabilities and bars. [Provided, however, that no such certificate shall apply, or be construed so as to apply, to the right of such person to retain or to be eligible for public office.]

2. Notwithstanding any other provision of law, except subdivision five of section twenty-eight hundred six of the public health law or paragraph (b) of subdivision two of section eleven hundred ninety-three of the vehicle and traffic law, a conviction of a crime or of an offense specified in a certificate of [relief from disabilities] restoration shall not cause automatic forfeiture of any license, other than a license issued pursuant to section 400.00 of the penal law to a person convicted of a class A-I felony or a violent felony offense, as defined in subdivision one of section 70.02 of the penal law, permit, employment, or franchise, including the right to register for or vote at an election, or automatic forfeiture of any other right or privilege, held by the eligible offender and covered by the certificate. Nor shall such conviction be deemed to be a conviction within the meaning of any provision of law that imposes, by reason of a conviction, a bar to any employment, a disability to exercise any right, or a disability to apply for or to receive any license, permit, or other authority or privilege covered by the certificate; provided, however, that a conviction for a second or subsequent violation of any subdivision of section eleven hundred ninety-two of the vehicle and traffic law committed within the preceding ten years shall impose a disability to apply for or receive an operator's license during the period provided in such law; and provided further, however, that a conviction for a class A-I felony or a violent felony offense, as defined in subdivision one of section 70.02 of the penal law, shall impose a disability to apply for or receive a license or permit issued pursuant to section 400.00 of the penal law. A certificate of [relief from a disability] restoration imposed pursuant to subparagraph (v) of paragraph b of subdivision two and paragraphs i and j of subdivision six of section five hundred ten of the vehicle and traffic law may only be issued upon a determination that compelling circumstances warrant such relief.

3. A certificate of [relief from disabilities] restoration shall not, however, in any way prevent any judicial, administrative, licensing or other body, board or authority from relying upon the conviction specified therein as the basis for the exercise of its discretionary power to suspend, revoke, refuse to issue or refuse to renew any license, permit or other authority or privilege.

§ 3. Intentionally omitted.

§ 4. Section 702 of the correction law, as amended by chapter 342 of the laws of 1972, the section heading as amended by chapter 931 of the laws of 1976, subdivision 1 as amended by chapter 488 of the laws of 2011, subdivision 3 as amended by section 64 of part A of chapter 56 of the laws of 2010 and subdivisions 4 and 6 as amended by section 32 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:

§ 702. Certificates of [relief from disabilities] restoration issued by courts. 1. Any court of this state [may, in its discretion,] shall, absent a finding that issuance of such certificate will jeopardize public safety, issue a certificate of [relief from disabilities] restoration at the time of sentencing to an eligible offender for a conviction that occurred in such court, if the court [either (a) imposed a revocable sentence or (b)] imposed a sentence other than one executed by commitment to an institution under the jurisdiction of the state

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department of corrections and community supervision. Such certificate [may be] issued [(i)] at the time sentence is pronounced[, in which case it] may grant relief from forfeitures, as well as from disabilities[, or (ii) at any time thereafter, in which case it shall apply only to disabilities]. Where such court either imposes a revocable sentence or imposes a sentence other than one executed by commitment to an institution under the jurisdiction of the state department of corrections and community supervision, the court, upon application and in accordance with subdivision two of this section, shall initially determine the fitness of an eligible offender for such certificate prior to or at the time sentence is pronounced. Where the court finds that issuance of the certificate at sentencing will jeopardize public safety, such certificate shall be issued as follows:

(a) for an offender who receives a revocable sentence, such offender shall be issued such certificate after serving one year of such revocable sentence imposed by the court provided that such offender has not been convicted of a new crime during that time and is not the subject of an undisposed arrest. Such certificate shall apply only to disabilities. In order to receive such a certificate, the eligible offender must apply to the court in which they were sentenced.

(b) for an offender who receives a definite sentence of imprisonment, such offender shall be issued such certificate one year after release from incarceration provided that such offender has not been convicted of a new crime during that time and is not the subject of an undisposed arrest. Such certificate shall apply only to disabilities. In order to receive such a certificate, the eligible offender must apply to the court in which they were sentenced.

In calculating the one year periods under paragraphs (a) and (b) of this subdivision, any period of time during which the person was incarcerated for any reason between the time of conviction and the date on which the eligible offender becomes eligible for a certificate shall be excluded and such one year period shall be extended by a period or periods equal to the time served under such incarceration.

2. [Such] The relief granted by such certificate shall [not be issued by the court unless 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;

(b) The relief to be granted by the certificate is] be consistent with the rehabilitation of the eligible offender[;] and

[(c) The relief to be granted by the certificate is] be consistent with the public interest.

3. [Where a certificate of relief from disabilities is not issued at the time sentence is pronounced it shall only be issued thereafter upon verified application to the court. The court may, for the purpose of determining whether such certificate shall be issued, request its probation service to conduct an investigation of the applicant, or if the court has no probation service it may request the probation service of the county court for the county in which the court is located to conduct such investigation. Any probation officer requested to make an investigation pursuant to this section shall prepare and submit to the court a written report in accordance with such request.

4.] Where the court has imposed a revocable sentence and the certificate of [relief from disabilities] restoration is issued prior to the expiration or termination of the time which the court may revoke such sentence, the certificate shall be deemed to be a temporary certificate until such time as the court's authority to revoke the sentence has

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expired or is terminated. While temporary, such certificate (a) may be revoked by the court for violation of the conditions of the sentence, and (b) shall be revoked by the court if it revokes the sentence and commits the person to an institution under the jurisdiction of the state department of corrections and community supervision. Any such revocation shall be upon notice and after an opportunity to be heard. If the certificate is not so revoked, it shall become a permanent certificate upon expiration or termination of the court's authority to revoke the sentence.

[5] 4. Any court that has issued a certificate of [relief from disabilities] restoration may at any time issue a new certificate to enlarge the relief previously granted, provided, however, that the provisions of subdivisions one through [four] three of this section shall apply to the issuance of any such new certificate.

[6.] 5. Any written report submitted to the court [pursuant to] for the purposes of this section is confidential and may not be made available to any person or public or private agency except where specifically required or permitted by statute or upon specific authorization of the court. However, upon the court's receipt of such report, the court shall provide a copy of such report, or direct that such report be provided to the applicant's attorney, or the applicant himself, if he or she has no attorney. In its discretion, the court may except from disclosure a part or parts of the report which are not relevant to the granting of a certificate, or sources of information which have been obtained on a promise of confidentiality, or any other portion thereof, disclosure of which would not be in the interest of justice. The action of the court excepting information from disclosure shall be subject to appellate review. The court, in its discretion, may hold a conference in open court or in chambers to afford an applicant an opportunity to controvert or to comment upon any portions of the report. The court may also conduct a summary hearing at the conference on any matter relevant to the granting of the application and may take testimony under oath.

§ 5. 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:

§ 703. Certificates of [relief from disabilities] restoration issued by the department of corrections and community supervision. 1. The department of corrections and community supervision shall [have the power to] issue a certificate of [relief from disabilities] restoration to:

(a) any eligible offender who has been committed to an institution under the jurisdiction of the state department of corrections and community supervision who successfully earned merit time or a certificate of earned eligibility during their period of incarceration. Such certificate [may] shall be issued by the department at the time the offender is released from such institution under the department's supervision [or otherwise or at any time thereafter]. If such eligible offender did not earn merit time or a certificate of earned eligibility, the board shall issue such certificate at the time of such eligible offender's release from prison unless it is determined that the issuance of such certificate would jeopardize public safety. If such certificate is not issued upon such eligible offender's release from prison, such offender shall be issued a certificate by the board of parole after two years of unrevoked parole, conditional release or post-release supervision. Such individual shall apply to the board of parole in order to receive such certificate.

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In calculating the two year period under this paragraph, any period of time during which the person was incarcerated for any reason between the time of conviction and the date on which the eligible offender becomes eligible for a certificate shall be excluded and such two year period shall be extended by a period or periods equal to the time served under such incarceration;