SearchNY: 8 Re-entry Bills in State Budget Signed Into Law
Legal Action Center is thrilled to report that two of our re-entry bills and a number of others that we and other advocates fought for have now been signed into law!
Here is a description of those new re-entry laws, signed by Governor Paterson on June 22, 2010 as part of the 2010-2011 state budget:
1) Certificate Equivalency Bill
Amends various provisions of the law.
Summary: This bill makes changes to many different sections of the law to ensure that either Certificates of Relief from Disabilities (CRDs) or Certificates of Good Conduct (CGCs) are accepted for the purpose of overcoming barriers to obtaining employment and occupational licenses. For a list of the sections that were amended, click here.
2) Alcohol and Beverage Control Bill
Amends Alc. and Bev. Con. L. §102(2)
Summary: Anyone with a conviction can be employed (without a certificate) by employer with a liquor license who sells alcoholic beverages retail to be consumed off-premise OR in a:
- Catering establishment
- Hotel
- Restaurant
- Club
- Recreational Facility
“Recreational Facility” means any place where the principal business is providing golf, tennis, swimming, skiing or boating OR any place where the principal business is operating a theater, concert hall, opera house, bowling establishment, excursion/sight-seeing vessel, accommodation of athletic events, sporting events, expositions and other similar events or occasions requiring the accommodation of large gatherings of persons.
3) Department of Corrections Look-up Bill
Amends Correction Law by adding a new §9
Summary: Five years after expiration of sentence of imprisonment and period of parole/post-release supervision, conviction information on DOCS look-up website will be expunged except for offenses that are deemed merit time ineligible (see Correction Law §803), or which require sex offender registration (see Correction Law §168(2) or (3) ). However, when a person is committed to DOCS, any prior conviction information is available on the website and will remain available until five years after expiration of the most recent commitment to DOCS and any period of parole/post-release supervision.
4) Federal District Court Decisions on CRDs
Amends Correction Law §703 by adding a new subdivision 7:
Summary: When a Certificate of Relief from Disabilities is sought for a conviction in federal district court, and the chief probation officer of the district recommends that that such a certificate be issued, the Board of Parole shall issue the requested certificates of relief from disabilities unless the other provisions the law are not satisfied or the interests of justice would not be advanced by the issuance of the certificate.
5) Free Copy of RAP Sheet for People in Prison or Jail
Amends Exec. L. §837 by adding a new subdivision 6-a.
Summary: Upon request, the Division of Criminal Justice Services has duty to provide people in state or local correctional facilities with a free copy of their criminal history information on file.
6) Copy of Pre-Sentence Report (PSR) for People Going before Parole Board
Amends CPL §390.50(2)(a)
Summary: Upon written request, the court shall make a copy of the PSR* available to a person for use before s/he appears before the parole board for release consideration or files an appeal of a parole board determination. In the written request, the person must affirm that s/he anticipates an appearance before the parole board, or intends to file an administrative appeal of a parole board decision. The court must respond within 20 days from receipt of the written request.
*except those portions properly redacted pursuant to CPL §390.50(2)(a)
7) Free Birth Certificates
Amends Pub. Health L. §§4174(4) and §4179
Free birth certificates must be issued:
- when DOCS or a local correctional facility requests one for an individual in anticipation of release;
- when Office of Children and Family Services or authorized agency requests one for a youth placed in the custody of the local commissioner of social services or the custody of the office of Children and Family Services in anticipation of youth’s discharge from placement
8) Voting Rights
Amends Correction Law by adding a new section 75
Summary: Upon discharge, DOCS shall notify a person whose maximum sentence of imprisonment has expired of his/her voting rights, and provide him/her with an application for voter registration and written information from the Board of Elections on the importance and mechanics of voting.
Amends the Executive Law by adding a new section §259-JJ
Summary: Upon discharge of a person from presumptive release, parole, conditional release, or the expiration of the maximum sentence of imprisonment while the individual is still under supervision of parole, the Division of Parole shall notify him/her of his/her voting rights and provide him/her with an application for voter registration and written information from the Board of Elections on the importance and mechanics of voting.
Amends Election Law §3-102 by adding a new subdivision 16-a
Summary: Board of Elections is responsible for providing DOCS and Division of Parole with a sufficient number of voter registration forms addressed to Board of Elections so that DOCS and Parole can comply with their duty to provide such forms to people upon the expiration of their maximum period of imprisonment.