Crime Committee Report e.indd - New York State Senate

S.4365-A
HASSELL-THOMPSON / A 3492-A Aubry
Signed into Law under S.6606-B / A.9706-C
Access to Pre-Sentence Reports Re-entry
Signed into law by Governor Paterson, this legislation now resolves any questions about the
right of certain inmates to have access to their presentence reports. Cf. Matter of Gutkaiss, 49
A.D.2d 979, 853 N.Y.S.2d 677 (3rd Dept. 2008); Matter of Kilgore v. People, 274 A.D.2d 636, 710
N.Y.S.2d 690 (3rd Dept. 2000); Matter of Shader v. People, 233 A.D.2d 717; 650 N.Y.S.2d 350
(3rd Dept. 1996); Matter of Blanche v. People, 193 A.D.2d 991, 598 N.Y.S. 2d 102 (3 Dept. 1993).
The law requires the parole board to weigh the impact of the presentence report. Sometimes
there is inaccurate information in the report or allegations not supported by fact. The inmate
should be placed in a position where he or she has notice of the contents of the report and also
has an opportunity to correct mistakes and make factual clarifications where the inmate deems
it appropriate. Finally, confidentiality of the report is protected by the court. The court has the
authority to review the report in camera and to disclose whatever portion of the presentence
report it deems appropriate.
S.5395-A
HASSELL-THOMPSON / A.3686-A Aubry
Signed into Law under S.6606-B / A.9706-C
Access to Birth Certificates – Re-entry
Signed into law by Governor Paterson. Persons being released from incarceration face many
barriers to a successful reentry to the community. One significant barrier is the inability to
obtain proper identification (i.e. driver’s license, social security card). Securing proper identification
is vital to an inmate’s ability to find stable employment, housing and secure benefits.
Providing each inmate with a birth certificate Upon release will allow inmates to more easily
obtain the necessary identification. This bill will ensure that fees cannot be imposed for a birth
certificate unless the law is repealed.
S.6606-B
MONTGOMERY, ADAMS, HASSELL-THOMPSON / Aubry
Signed into Law under S.6606-B / A.9706-C
Voter Eligibility and Forms – Re-entry
Signed into law by Governor Paterson, the Department of Corrections shall inform inmates
whose maximum term of imprisonment has expired that she or he may vote, Moreover, the
Department shall provide a voter registration form to the inmate together with written material
distributed by the board of elections. The Division of Parole is also required to advise individuals
discharged from parole of his or her right to vote and provide the parolee a voter registration
form, as well as written material distributed by the board of elections.
S.4366-B
HASSELL-THOMPSON / A 3664-B Aubry
Signed into Law under S.6606-B / A.9706-C
Clarifying Eligibility for Certificates – Re-entry
Certificates of Rehabilitation provide an opportunity for ex-offenders to prove their rehabilitation
for employment and licensing purposes. There are two types of Certificates of Rehabilitation,
the: (1) Certificate of Relief from Disabilities, and (2) Certificate of Good Conduct. The
Sentencing Court 40 or the New York State Parole Board generally issue certificates, at their
discretion, to eligible applicants based on their favorable character or fitness to work. Certificates
of Relief from Disabilities and Certificates of Good conduct provide a valuable way for
people with criminal records to demonstrate rehabilitation. They restore rights and lift statutory
bars to Jobs or licenses that result from a conviction history. These certificates, which carry
40 One may be convicted of a felony and, for example, be sentenced to probation or a conditional discharge. In this case the defendant would apply
to the sentencing court for a certificate of relief from civil disabilities.
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New York State Senate