What's happening
This bill makes it easier for courts and the corrections department to issue certificates of relief from disabilities to eligible offenders.
Why it matters
Shifts the standard for issuing certificates. The bill changes the law so that courts and the Department of Corrections can grant certificates of relief from disabilities when satisfied that eligibility, rehabilitation, and public interest criteria are met—rather than being barred from issuing them unless those criteria are met. This subtle but important change lowers procedural barriers.
Potentially expands access for eligible offenders. By making it procedurally easier to obtain these certificates, more individuals who have served their sentences may become eligible to regain certain rights and opportunities, such as employment or occupational licensing, aiding reintegration.
Prioritizes rehabilitation and public interest. The amendment maintains requirements that relief be consistent with both the offender’s rehabilitation and the public interest, ensuring that the system still evaluates risk and readiness rather than removing all discretion.
May reduce recidivism and promote public safety. By facilitating lawful avenues for reintegration, the bill could help reduce repeat offenses and improve community safety by addressing the collateral consequences of conviction.
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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 eligibility, rehabilitation and public-interest criteria are met.
Courts issuing certificates
The bill would replace a prohibition on issuance unless criteria are met with a requirement to issue when those criteria are met.
Department of Corrections and Community Supervision
The bill would similarly require the department to issue certificates when it is satisfied that the statutory criteria are met.
Headline styles
Expand Relief Certificate Access
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Ordered to third reading cal.158
- Advanced to third reading cal.165
- Reported
- Referred to correction
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3993
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY -- Multi-Sponsored by -- M. of A. LENTOL -- 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 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. 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 of this section, [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 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.
§ 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.
LBD07235-01-9
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.