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S4858Senate2017-2018 Session

Ease Ex-Offender Relief Certificates

Official title

“Relates to certificates of relief from disabilities issued by the department of corrections and community supervision”

Sponsor Ruben DiazSD-32Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Crime Victims, Crime And Correction
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Crime Victims, Crime And Correction

What's happening

This bill amends the correction law to clarify conditions and language for issuing certificates of relief from disabilities to eligible offenders.

Why it matters

  1. Clarifies the legal standards. By changing ambiguous or negative phrasing (“not...unless”) to more direct language (“provided that,” “when”), the bill makes it clearer under what conditions courts and the Department of Corrections can issue certificates of relief from disabilities—potentially reducing confusion and inconsistent application.

  2. Impacts rehabilitation opportunities. The bill reaffirms that certificates can only be issued when consistent with an individual’s rehabilitation and the public interest. This could make the process more transparent for eligible offenders seeking to overcome legal barriers (like employment or licensing restrictions) after serving their sentences.

  3. Addresses fairness and due process. By specifying eligibility and the required findings for issuing certificates, the amendment may help ensure that decisions are grounded in clear criteria, reducing the risk of arbitrary denials and improving access to relief for those who qualify.

  4. May influence reentry success. Clearer guidelines and language could encourage more eligible individuals to apply for relief, supporting reintegration and reducing recidivism by removing lingering civil disabilities tied to a criminal record.

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Who cares

  • Eligible offenders seeking certificates of relief from disabilities

    The bill would require issuance when the court or department is satisfied that the applicable conditions are met, rather than merely prohibit issuance unless those conditions are met.

  • Department of Corrections and Community Supervision

    The bill would direct the department to issue a certificate when it is satisfied that the statutory conditions are met.

  • Courts issuing certificates of relief from disabilities

    The bill would require issuance when the court finds the applicant eligible and the relief consistent with rehabilitation and the public interest.

Headline styles

Ease Ex-Offender Relief Certificates

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Ruben Diaz

Senator · Senate District 32

No co-sponsors yet.

History

  1. Referred to crime victims, crime and correction

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4858

2017-2018 Regular Sessions

IN SENATE

March 3, 2017

Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction

AN ACT to amend the correction law, in relation to certificates of relief from disabilities issued by the department of corrections and community supervision

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] when the department is satisfied that:

§ 3. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD07209-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the correction law, in relation to certificates of relief from disabilities issued by the department of corrections and community supervision

Purpose

This bill conforms the requirements for a certificate of relief from disabilities to the requirements for a certificate of good conduct.

Summary of provisions

Section 1. Amends the Correction Law, section 702 (2) of the Correction Law. Creates a conforming change to mirror the provisions of Correction Law 703-b relating to the issuance of certificates of good conduct by the State Board of Parole, provided that the Board is satisfied that the person is an eligible offender, the relief is consistent with the rehabilitation of the offender, and the relief is consistent with the public interest.

Section 2. Amends the Correction Law section 703 (3). Creates the same conforming change to section 702 of the correction law for certificates of relief from disabilities issued by the courts. This section also mirrors the provisions of correction Law section 703-b relating to the issuance of certificates of good conduct by the State Board of Parole, provided that the Court is satisfied that the person is an eligible offender, the relief is consistent with the rehabilitation of the offender, and the relief is consistent with the public interest.

Section 3. Effective Date

Existing law

Correction Law; Article 23; Sections 702 and 703. Current law prohibits the issuance of certificates of relief from disabilities unless the court and the department of corrections and community supervision are satisfied that the person meets established criteria.

Justification

Certificates of Relief from Disabilities are a powerful tool created by the Legislature to promote and encourage successful reintegration after a conviction. It can lay the groundwork for re-entry into society, allowing individuals to obtain, for example, licenses essential to employment which can empower them to make child support payments and break the cycle of poverty. A certificate can also prevent eviction, loss of a job and loss of an occupational license.

The suggested change to conform the provisions of the correction law governing certificates of relief from disabilities to those governing certificates of good conduct would promote the successful reentry, rehabilitation and public safety throughout New York State, as originally intended by the Legislature.

The correction law currently provides that a certificate of good conduct shall be issued where the Parole Board is satisfied that the applicant is eligible. The relief to be granted by the certificate is consistent with the rehabilitation of the applicant and is consistent with the public interest. This bill makes the same provisions for both the courts and the Parole Board to issue certificates of relief.

Legislative history

2016: S.232-REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION 2015: S.232-REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION 2014: S.316 - Referred to Crime Victims, Crime and Correction/A.2204 - Enacting Clause Stricken 2013: S.316 - Referred to Crime Victims, Crime and Correction/A.2204 - Passed Assembly 2012: S.6540 - Referred to Crime Victims, Crime and Correction/A.7813-A Passed Assembly 2011: A.7813-A - Amended and recommitted to Rules

Fiscal implications

None

Effective date

Immediate

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.