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Crime Committee Report e.indd - New York State Senate

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eason why HUD failed to meet the law’s objective was that HUD failed to ask prospective<br />

residents if they were subject to a lifetime registration requirement and did not require housing<br />

authorities to check the national sex offender registry prior to recertifying the eligibility of<br />

its current residents.<br />

Chapter 256 of the Laws of 2010<br />

S.8317 HASSELL-THOMPSON / A 10061 Aubry<br />

Allows Inmates to Voluntarily Work for Non-Profits<br />

Signed into law by Governor Paterson<br />

Allows prisoners to voluntarily perform work for nonprofit organizations. Non-profit organizations<br />

means an organization operated exclusively for religious, charitable, or educational<br />

purposes, no part of the net earnings of which inures to the benefit of any private shareholder<br />

or individual. Prior to this law section 24 of article 3 of the <strong>New</strong> <strong>York</strong> <strong>State</strong> Constitution prohibited<br />

the “farming out, contracting, giving away or selling of convict labor.” However, many<br />

localities had requested that an exemption be made for nonprofit organizations who are often<br />

underfunded and do not have the resources to adequately maintain their property. The law did<br />

permit inmates to work in state and public institutions and many of the nonprofit organizations<br />

engaged in public works and charities. This constitutional amendment was initiated by Senator<br />

Dale Volker during the first required session vote and taken to the finish line by Senator Ruth<br />

Hassell-Thompson, a republican and democratic member respectively. <strong>York</strong> <strong>State</strong> and was authorized<br />

by a favorable vote of the electorate. This proposed law was authorized by amendment<br />

to the state constitution.<br />

Chapter 377 of the Laws of 2010<br />

S.8228 HASSELL-THOMPSON & LITTLE / A 10061 Aubry<br />

Expanding Eligibility for Shock Program<br />

Signed into law by Governor Paterson<br />

This legislation would expand eligibility for the Shock Incarceration Program. It would allow<br />

second non-violent offenders with no prior violent felony convictions to become eligible for<br />

the Shock Program. Initial and tentative estimates are that perhaps 200 inmates would actually<br />

be placed in Shock Programs at Moriah and Lakeview. If the inmate fails Shock or violates the<br />

terms and conditions of parole after they are released they will be sent back to prison to finish<br />

the unexpired term of their sentence.<br />

S.5570-A<br />

Chapter 182 of the Laws of 2010<br />

HASSELL-THOMPSON, ONORATO & PARKER / A 8952 Weinstein<br />

Child Support May Be Suspended While In Prison<br />

Signed into law by Governor Paterson<br />

This bill would amend DRL § 236B (9) (b) to separate out the “substantial change of circumstance”<br />

threshold for modification of orders of child support into its own section for the sake<br />

of clarity and would provide two new bases for the modification of an order of child support:<br />

(1) the passage of 3 years since the order was entered, last modified, or adjusted; or (2) a 15%<br />

percent change in either party’s income since the order was entered, last modified or adjusted<br />

provided that any reduction in income was involuntary and the party has made diligent attempts<br />

to secure employment commensurate with his or her education, ability and experience.<br />

The parties may specifically opt out of the two new bases for modification in a validly executed<br />

agreement or stipulation. The section would provide that incarceration would not be a bar to<br />

finding a substantial change in circumstance under certain conditions.<br />

48<br />

<strong>New</strong> <strong>York</strong> <strong>State</strong> <strong>Senate</strong>

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