2011-2012 NYS Reentry Legislation Docket

Our criminal justice legislative docket currently contains a few bills that were not passed last session as well as some new ones that we developed, as follows:

Previously Introduced Employment-Related Reentry Legislation

  1. S2655/A3665: Amends Criminal Procedure Law § 530.70 to correct misinformation regarding arrest warrant information on rap sheets. Many rap sheets mistakenly list arrest warrants as active when they have actually been recalled. This bill creates a process for DCJS to verify criminal record information when rap sheets contain contradictory information regarding arrest warrants.
  2. S5223/A8222: Amends the Executive and the Judiciary Law to require DCJS and OCA to refrain from including undisposed case information on criminal history record reports. Many criminal history record reports lack disposition information because it is never reported to DCJS by the police, prosecutors, or courts. Employers and others who see these entries usually assume they are convictions, which they often are not. This bill prohibits DCJS and OCA from disclosing such indisposed case information.
  3. S4687/A8012: Establishes meaningful enforcement of the Human Rights Law's anti-discrimination provisions. Only one class of individuals claiming illegal discrimination, those discriminated against by public agencies on the basis of their criminal record, have their legal remedies limited. This bill gives victims of criminal-records based discrimination the same access to enforcement mechanisms available to other victims of discrimination.
  4. A5330: Amends Corrections and Executive law to make it unlawful for prospective employers to ask about or act on criminal convictions before a conditional offer of employment is made. Even though New York currently has a law prohibiting employers from discrimination based on criminal convictions (Article 23-A of the Correction Law), many employers continue to do so. The bill ensures that employers abide by Article 23-A and more clearly defines “direct relationship” definition.
  5. S4368/A8065: Amends Corrections and Executive law to clarify “direct relationship” standard in Article 23-A. Even though New York currently has a law prohibiting employers from discrimination based on criminal convictions (Article 23-A of the Correction Law), many employers continue to do so. The bill ensures that employers abide by Article 23-A and more clearly defines “direct relationship” definition.

New Employment-Related Reentry Legislation

  1. Bill to amend Correction Law §754 to extend its protections to current employees and license holders. Extending §754 of the Correction Law to current employees makes the law consistent with changes made to the Correction Law in 2007, which made it illegal to discriminate against current employees, as well as applicants.
  2. Bill to bring arrested persons whose criminal charges have been "adjourned in contemplation of dismissal" within the protection of those provisions of the Human Rights Law and the Criminal Procedure Law which prevent employment discrimination against persons who have been arrested but not convicted of any crime.
  3. Bill to facilitate the issuance of Certificates of Relief from Disabilities issued by Courts. Amending Correction Law §702 by shifting the emphasis of the law toward the issuance of the Certificate will encourage judges to issue more Certificates while retaining judicial discretion.
  4. Bill to provide for the sealing of certain non-violent convictions upon the passage of time and a showing that the person can remain crime-free.

Other Reentry Legislation

  1. S4643/A2445: Restores the right to vote to individuals on parole. New York‟s felony disenfranchisement law is a relic from a shameful past and long over-due for reform. Its disproportionate impact on communities of color continues to this day.
  2. Another bill that the Legal Action Center vigorously advocated for, which would have given people with criminal histories who face discrimination from public agencies the same opportunities to seek redress for human rights violations as those facing other forms of discrimination, was passed by the Legislature but vetoed by the Governor on cost grounds. In his veto message, the Governor said that he supported the goals of the bill and would issue an Executive Order to “provide additional guidance to State agencies to make certain that ex-offenders can be assured of appropriate opportunities for State employment.” We were asked by the Senate to draft a set of recommendations to be included in the Executive Order, which we did, and discussed those recommendations with the Governor's Counsel‟s office. Unfortunately, Governor Paterson did not sign the Executive Order before he left office. We have been in contact with Counsel's office since Governor Cuomo took office, and have been informed that the issues addressed in our recommendations are of importance to the Governor and there is a good chance that the Governor might be interested in moving ahead with some of the recommendations.