What's happening
This bill makes it easier for courts and the department to issue certificates of relief from disabilities to eligible offenders.
Why it matters
Lowers Barriers for Eligible Offenders. By changing language from “shall not issue unless” to “shall issue when,” the bill shifts the presumption in favor of granting certificates of relief, making it more accessible for eligible offenders to obtain relief from certain legal disabilities resulting from their convictions.
Supports Rehabilitation and Reintegration. The bill prioritizes the rehabilitation of individuals by making it clearer and easier for both courts and the Department of Corrections to grant certificates when rehabilitation and public interest standards are met, potentially reducing recidivism and supporting successful reentry into society.
Improves Consistency and Transparency. Amending the law to focus on clear criteria (eligibility, rehabilitation, public interest) provides more predictable and transparent standards, potentially reducing arbitrary denials and ensuring fairer consideration for applicants.
Broader Impact on Employment and Civil Rights. Facilitating access to certificates of relief can help more formerly incarcerated individuals regain employment, professional licenses, and other civil rights, thereby addressing some of the collateral consequences of criminal convictions that hinder long-term success.
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Who cares
Headline styles
Ease Relief Certificate Rules
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
1 Multi-sponsor
History
- Advanced to third reading cal.983
- Reported
- Referred to correction
- Referred to correction
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4040
2017-2018 Regular Sessions
IN ASSEMBLY
January 31, 2017
Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to certificates of relief from disabilities
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] when 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 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. 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:
3. The department shall [not] issue [any] a certificate of relief from disabilities pursuant to subdivisions one or two, [unless] when the department 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 consistent with the rehabilitation of the eligible offender; and
(c) The relief to be granted by the certificate is consistent with the public interest.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05033-01-7
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.