Provides that where the court imposes a revocable sentence of imprisonment or imposes a sentence other than one executed by commitment to an institution under jurisdiction of the state department of corrections and community supervision the court shall initially determine the fitness of an eligible offender for a certificate of relief from disability.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7597A
SPONSOR: Aubry TITLE OF BILL: An act to amend the correction law, in relation to the
issuance of certificates of relief from disabilities
SUMMARY OF PROVISIONS: Section 1 of the bill would amend subdivision
1 of section 702 of the Correction Law, requiring the court to make a
determination, upon application, as to the fitness of an eligible offen-
der for the issuance of a Certificate of Relief from Disabilities
("Certificate" or "Certificate of Relief"), This initial determination
would occur prior to or at the time of sentencing, when the sentence
imposed is either revocable or a sentence other than commitment to an
institution under the jurisdiction of the State Department of
Corrections and Community Supervision.
Section 2 of the bill provides that this amendment would take effect
immediately.
REASONS FOR SUPPORT: Certificates of Relief from Disabilities are a
powerful tool created by the Legislature to promote and encourage
successful reintegration after a conviction, Issued at sentencing, a
Certificate can prevent eviction, loss of a job and loss of an occupa-
tional license. It can lay the groundwork for re-entry into society,
allowing individuals to obtain, for example, licenses essential to
employment, which can empower them to make child support payments and
break the cycle of poverty,
Despite their utility, Certificates are vastly underutilized: only a
tiny fraction of the tens of thousands of people who are eligible actu-
ally hold them. Applications for Certificates are usually not even
addressed at the time of sentencing. By facilitating access to Certif-
icates where appropriate, but retaining the court's discretion to with-
hold issuance should it identify a public safety or other concern, these
amendments could result in thousands of New Yorkers overcoming the
collateral consequences of convictions and lead successful, law-abiding
lives.
The law currently provides that a Certificate of Relief may be issued at
sentencing, so that an individual may obtain a Certificate from the
court expeditiously following conviction of a crime. When it was enacted
in 1966, Governor Rockefeller recognized that offenders needed the
assistance and protection of Certificates of Relief to aid in their
rehabilitation. The Governor's Memorandum noted that "
this bill will
reduce the automatic rejection and community isolation that often accom-
pany conviction of crimes, and will thus contribute to the complete
rehabilitation of first offenders and their successful return to respon-
sible lives in the community."{1} Additionally, Thomas McCoy, State
Administrator to the Judicial Conference of the State of New York, in
supporting the 1966 bill, stated "The need for this legislation is
clear. The disabilities which result from a criminal record are among
the chief sources of recidivism. In turn, recidivism is a primary cause
of the intolerably high crime rate....This bill is a step in the direc-
tion of rehabilitating first offenders."
As such, the Legislature intended for a Certificate of Relief to be
granted soon after a conviction in order to assist with the rehabili-
tation of first-time felons and misdemeanants. Recognizing that Certif-
icates may be granted prior to one's demonstration of proper conduct,
the law permits revocation of these certificates if necessary, while an
offender is under probation supervision.
In 2006, Penal Law §1.05(6) was amended to add "the promotion of
the
convicted person's successful and productive reentry and reintegration
into society..." to the traditional sentencing goals of deterrence,
incapacitation, retribution, and rehabilitation. By amending the
sentencing model to include successful reintegration, policymakers
acknowledged that promoting re-entry is not only crucial for individuals
with conviction histories and their families, but for public safety as a
whole. The proposed amendment improving access to Certificates would
make the Correction Law more consistent with the above-referenced Penal
Law provision. It would also be consistent with the public policy of New
York State "to encourage the licensure and employment of persons previ-
ously convicted of one or more criminal offenses" (Correction Law §
753(1)(a)).
The suggested change would promote successful reentry, rehabilitation,
and public safety throughout New York State, as originally intended by
the Legislature. Under the proposed amendment, judges and probation
officers would retain the same level of discretion they currently hold
to deny or recommend against the issuance of Certificates. However, by
requiring courts to make determinations regarding an applicant's fitness
for a Certificate, New Yorkers with conviction histories would benefit
from the chance to unlock the door to opportunity and self-sufficiency.
Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.
FOOTNOTE
{1} Governor's Memorandum of Approval of L. 1966, N.Y. Legis. Annual,
1966, Chapter 654
STATE OF NEW YORK
________________________________________________________________________
7597--A
Cal. No. 423
2011-2012 Regular Sessions
IN ASSEMBLY
May 10, 2011
___________
Introduced by M. of A. AUBRY, COLTON -- read once and referred to the
Committee on Correction -- reported from committee, advanced to a
third reading, amended and ordered reprinted, retaining its place on
the order of third reading
AN ACT to amend the correction law, in relation to the issuance of
certificates of relief from disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 702 of the correction law, as
2 amended by section 32 of subpart B of part C of chapter 62 of the laws
3 of 2011, is amended to read as follows:
4 1. Any court of this state may, in its discretion, issue a certificate
5 of relief from disabilities to an eligible offender for a conviction
6 that occurred in such court, if the court either (a) imposed a revocable
7 sentence or (b) imposed a sentence other than one executed by commitment
8 to an institution under the jurisdiction of the state department of
9 corrections and community supervision. Such certificate may be issued
10 (i) at the time sentence is pronounced, in which case it may grant
11 relief from forfeitures, as well as from disabilities, or (ii) at any
12 time thereafter, in which case it shall apply only to disabilities.
13 Where such court either imposes a revocable sentence or imposes a
14 sentence other than one executed by commitment to an institution under
15 the jurisdiction of the state department of corrections and community
16 supervision, the court, upon application and in accordance with subdivi-
17 sion two of this section, shall initially determine the fitness of an
18 eligible offender for such certificate prior to or at the time sentence
19 is pronounced.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11554-03-1
