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A2211Assembly2019-2020 SessionSame asS3313

Certificates Given on Discharge

Official title

“Relates to certificates upon discharge”

Status
Assembly Floor Calendar
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 3 of 7

Floor calendar · Jan 8

What's happening

This bill requires that individuals granted merit termination or discharge from supervision receive a certificate of relief from disabilities or good conduct.

Why it matters

  1. Ensures automatic access to relief certificates. By mandating that individuals granted merit termination or discharge receive a certificate of relief from disabilities or good conduct, the bill removes barriers to obtaining these documents, which are often crucial for reintegration.

  2. Enhances employment and housing opportunities. Certificates of relief or good conduct help individuals with criminal records overcome legal restrictions that can block access to jobs, professional licenses, and housing, thereby supporting successful reentry and reducing recidivism.

  3. Standardizes post-supervision relief. The bill creates a consistent statewide process so that everyone who earns merit termination or discharge receives this relief, addressing potential disparities in how post-supervision records are handled.

  4. Signals official rehabilitation. Automatically granting these certificates serves as a formal recognition of rehabilitation by the state, which can help reduce the stigma associated with a criminal record and improve social and economic prospects for affected individuals.

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Who cares

  • People granted merit termination of their sentences

    The bill would require them to receive a certificate of relief from disabilities or a certificate of good conduct, as applicable.

  • People granted discharge under Executive Law § 259-j(1)

    The bill would require them to receive one of the two certificates, as applicable.

  • State correction and parole officials

    The bill would make provision of the applicable certificate mandatory for these merit terminations and discharges, notwithstanding other laws.

Headline styles

Certificates Given on Discharge

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

Sponsors

History

  1. Ordered to third reading cal.94
  2. Advanced to third reading cal.72
  3. Reported
  4. Referred to correction

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3313Senate

Give Discharge Certificates Automatically

In Senate Committee · Rules · Sponsor James Sanders Jr.

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2211

2019-2020 Regular Sessions

IN ASSEMBLY

January 22, 2019

Introduced by M. of A. RICHARDSON, HYNDMAN, ORTIZ, BLAKE, DE LA ROSA, WALKER, DAVILA -- Multi-Sponsored by -- M. of A. SIMON, WALLACE -read once and referred to the Committee on Correction

AN ACT to amend the correction law and the executive law, in relation to certificates upon discharge

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 2 of section 205 of the correction law, as added by section 32 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:

2. (a) A merit termination granted by the department under this section shall constitute a termination of the sentence with respect to which it was granted. No such merit termination shall be granted unless the department is satisfied that termination of sentence from presumptive release, parole, conditional release or post-release supervision is in the best interest of society, and that the parolee or releasee, otherwise financially able to comply with an order of restitution and the payment of any mandatory surcharge previously imposed by a court of competent jurisdiction, has made a good faith effort to comply therewith.

(b) Notwithstanding any other provision of law, a person granted merit termination pursuant to this section shall be provided a certificate of relief from disabilities pursuant to section seven hundred three of this chapter or a certificate of good conduct under section seven hundred three-b of this chapter, as applicable.

§ 2. Section 259-j of the executive law is amended by adding a new subdivision 4 to read as follows:

4. Notwithstanding any other provision of law, a person granted discharge pursuant to subdivision one of this section shall be provided a certificate of relief from disabilities pursuant to section seven hundred three of the correction law or a certificate of good conduct

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

[ ] is old law to be omitted.

LBD04444-01-9

A. 2211 2

pursuant to section seven hundred three-b of the correction law, as applicable.

§ 3. This act shall take effect on the ninetieth day after it shall have become a law.

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.