Crime Committee Report e.indd - New York State Senate

the same weight with regard to the restoration of rights, are essential resources to support the
employment of individuals with criminal histories, thereby promoting public safety and saving
tax dollars. A person can only apply for one type of certificate. The eligibility for each depends
on the person’s criminal record.
Some statutes imposing statutory bars mistakenly reference only one of these certificates as
lifting the bar or restoring rights. As a result individuals who are eligible only for the other certificate
are forever arbitrarily barred from lifting the statutory bar. This bill makes conforming
technical changes to various provisions of law that create statutory bars and correctly identifies
both certificates of relief and certificates of good conduct as lifting such bars.
S.2233-A
Chapter 113 of the Laws of 2010
MONTGOMERY, HASSELL-THOMPSON, KRUEGER
Parental Rights & Prisoners - Reentry
Signed into law by Governor Paterson, this law to amends the social services law to allow a
foster care agency to delay the filing of a termination petition when the parent or parents are
incarcerated or participating in a residential substance abuse treatment program, or when
the prior incarceration or participation of a parent or parents in a residential substance abuse
treatment program is a significant factor in why the child has been in care for 15 of the last
22 months, provided that the parent maintains a meaningful role in the child’s life, and the
agency has not documented a reason why it would otherwise be appropriate to file a petition.
This legislation would also allow the court to consider the special circumstances of an incarcerated
parent or a parent in a residential substance abuse treatment program in determining
whether a child is a “permanently neglected child” as defined in the social services law. The bill
also would amend the social services law to allow the court to consider the circumstances of an incarcerated
parent or a parent in a residential substance abuse treatment program when determining
whether such parent has failed to keep the social service agency apprised of their location.
Additionally, the bill would amend the social services law to require social services agencies
to provide parents who are incarcerated or in a residential substance abuse treatment program
with information about and referrals to rehabilitative services available to such parent to aid in
the development of a meaningful relationship between such parent and the child. Finally, the
bill amends the social service law to allow meetings to create and review family service plans to
be done through the use of technology, including video-conference and teleconference technology,
where an in-person meeting is impracticable.
S.1290-A
Chapter 411 of the Laws of 2009
MONTGOMERY, ADAMS, BRESLIN, DIAZ, DILAN, DUANE, HASSELL-THOMPSON,
KRUEGER, PARKER, SAVINO, SCHNEIDERMAN, STAVISKY /A 3373-A Perry
Anti-Shackling of Women Giving Birth
Signed into law by Governor Paterson, this legislation amends the Correction Law to restrict
the use of restraints in situations in which a pregnant female inmate is being transported to a
medical facility for the purpose of giving birth, and during delivery and recovery. The new law
prohibits the use of mechanical restraints such as handcuffs, leg restraints and wrist restraints
on inmates during labor and delivery. However, during extraordinary circumstances, when
it is necessary to prevent an inmate from injuring herself, medical or correction personnel,
the inmate may be handcuffed by one wrist. This legislation passed the New York State Senate
unanimously.
Standing Committee on Crime Victims, Crime and Correction | 2009-2010 Report 45