Crime Committee Report e.indd - New York State Senate

XVII. Bills Signed Into Law 2009 – 2010
S.7068 HASSELL-THOMPSON / A.9526 Aubry
Signed into Law under S6606-B / A9706-C
Reuse Plans for Proposed Prison Closings
Signed into law by Governor Paterson, this bill requires the commissioner of economic development
rather than the commissioner of the department of correctional services to issue an
adaptive reuse plan for state prison facilities slated for closure. The bill also adds the commissioner
of the office of general services and local government officials to the list of stakeholders
that should be consulted in preparing such adaptive reuse plan.
S.4686 HASSELL-THOMPSON / A 3770-A Aubry
Signed into Law under S.6606-B / A.9706-C
Lift ABC Law Restrictions – Re-entry
Signed into law by Governor Paterson, this legislation removes the existing prohibition in the
Alcoholic Beverage Control Law section 102(2) which disallows employment by those previously
convicted of a felony or certain enumerated misdemeanors in certain licensed on-premises
establishments unless that person has received a pardon, certificate of relief from disabilities or
good conduct, or has obtained written approval from the state liquor authority.
The ABC Law’s far-reaching prohibition prevents any employer with a liquor license, except
those selling alcohol beverages retail for off-premises consumption, from hiring any individual
in any capacity who has been convicted of a felony or an enumerated misdemeanor unless that
person has obtained a pardon, certificate of relief from disabilities or good conduct or written
approval by the State Liquor Authority. This means that employers such as restaurants, hotels,
sporting arenas and catering establishments that have liquor licenses cannot hire busboys, waiters,
chefs, maitreds, delivery persons or anyone else with these criminal histories unless those
applicants have obtained the necessary approval or documentation. This restriction unnecessarily
impedes access to thousands of jobs that could safely be made available to qualified people
with criminal records. According to the New York State Department of Labor, there has been
an increase (+14,600) in the number of jobs in the leisure and hospitality industries, including
a number of entry-level jobs in the food service industry, from which people subject to the ABC
Law’s flat ban are excluded. This legislation places entry level “on-premises” job opportunities
on the same footing as “off-premises” opportunities. Ultimately, only employers, that is,
restaurants, hotels, sporting arenas and catering establishments that have liquor licenses would
determine whether or not to offer a job to a qualified ex-offender.
S.4406-B
HASSELL-THOMPSON / A 9382 Kavanaugh
Signed into Law under S.6606-B / A.9706-C
Clean Up DOCS Website – Re-entry
Signed into law by Governor Paterson, the New York State Department of Correctional Services
(DOCS) website provides online access to a person’s conviction information. Currently,
there is no limit on how long a person’s conviction information will remain posted on this online
database. DOCS has a legitimate need to maintain a website of individuals incarcerated in
state prisons. Victims of crimes may want to ascertain if people who committed crimes against
them are still incarcerated and family and friends of people in prison may need a means of
determining where their loved ones are being held. Once a person is released from prison and
is no longer on parole or post-release supervision, however, those reasons disappear. Those
individuals who need criminal record information can obtain it from New York State’s Division
of Criminal Justice Services, which provides comprehensive criminal conviction information to
individuals and agencies that are authorized to conduct such requests, and from the Office of
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New York State Senate