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S3313Senate2019-2020 SessionSame asA2211

Give Discharge Certificates Automatically

Official title

“Relates to certificates upon discharge”

Status
In Senate Committee
Rules
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

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. Streamlines access to legal relief. By automatically providing a certificate of relief from disabilities or good conduct when someone is granted merit termination or discharge, the bill removes the need for a separate application, reducing bureaucratic hurdles for individuals reentering society.

  2. Improves employment and housing opportunities. Certificates of relief or good conduct help remove certain legal barriers, making it easier for formerly supervised individuals to obtain jobs or housing that would otherwise be denied due to their criminal record.

  3. Supports successful reintegration. The bill demonstrates a commitment to rehabilitation by ensuring that those who have earned early termination or discharge are recognized as lower risk and given tools to rebuild their lives, which may reduce recidivism.

  4. Promotes fairness and consistency. Requiring certificates to be issued automatically upon merit-based termination or discharge ensures that all eligible individuals receive the same benefits, rather than relying on discretionary or uneven practices.

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Who cares

Headline styles

Give Discharge Certificates Automatically

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

Sponsors

Primary sponsor
James Sanders Jr.

Senator · Senate District 10

Chair, Banks

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.584
  5. Referred to crime victims, crime and correction
  6. Committed to rules
  7. Advanced to third reading
  8. 2nd report cal.
  9. 1st report cal.418
  10. Referred to crime victims, crime and 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.

A2211Assembly

Certificates Given on Discharge

Assembly Floor Calendar · Sponsor Diana Richardson

Impact 5 · Moderate0% to pass

Full text

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

STATE OF NEW YORK

3313

2019-2020 Regular Sessions

IN SENATE

February 5, 2019

Introduced by Sens. SANDERS, MONTGOMERY, SAVINO -- 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 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

S. 3313 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.

Sponsor's memo

Summary of provisions

Section 1 amends subdivision 2 of section 205 of the correction law providing a certificate of relief from disabilities, or a certificate of good conduct if applicable, to a person granted merit termination of sentence.

Section 2 amends subdivision 4 of section 259-j of the executive law providing a certificate of relief from disabilities, or a certificate of good conduct if applicable, to a person granted discretionary three-year discharge from community supervision pursuant to subdivision one of this section.

Section 3 is the effective date.

Justification

Criminal records result in a host of unintended consequences, including barriers to reentry so that even when the sentence is served and the parole supervision has been completed successfully, the barriers remain. These barriers include legal discrimination from employment, licensure, housing, voting rights, and other aspects of everyday life. Some post- conviction disabilities can be relieved by obtaining a "Certificate of Relief from Disabilities" or a "Certificate of Good Conduct" issued by the Department of Corrections and Community Supervision. These certif- icates can demonstrate to prospective employers and landlords that a formerly incarcerated person has lived crime free since being released from prison. They can also be offered as proof to local boards of election that the right to vote has been restored.

Unfortunately, we have a costly and cumbersome process to issue one of two different kinds of certificates with different requirements and waiting periods for differently situated offenders. Under current law, a person must wait until three years or five years after release from incarceration before being allowed to apply for a certificate. At that point such person has often completed supervision and is no longer reporting regularly to his or her parole officer, thus requiring an investigation to be commenced to determine if such person meets the criteria for receiving a certificate. This bill improves the process for obtaining these certificates for people who have been granted early or discretionary discharge from community supervision, which may only occur when the board of parole is satisfied that absolute discharge is in the best interests of society and consistent with public safety. By granting such certificates at the time of early discharge from supervision for good behavior, the Department is saved the human and financial resources of a subsequent investigation. This bill does not increase the number of individuals eligible for either certificate, but should increase the number of certificates actually issued. This bill sensibly grants the certificate at the time of discretionary discharge for those individuals whose extraordinary performance earned them early discharge from super- vision.

Legislative history of bill

This is a new bill.

Fiscal implications

None, it should save the State money.

Effective date

This bill shall take effect ninety days after it shall have become law.

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