Crime Committee Report e.indd - New York State Senate

2009-2010 VETOED BY GOVERNOR Paterson
S.4405-A
HASSELL-THOMPSON/A 6532B Ortiz
Crime Victims Transportation Reimbursement
Under existing law, the Crimes Victims Board (CVB) is authorized to make awards to cover
the transportation costs associated with a crime victim attending a “necessary court appearance
in connection with the prosecution of such crimes.” The Governor’s Office interpreted this
language to mean that the prosecutor determined what is necessary and what is not necessary.
The bill intended to expand the definition of the term necessary to allow the crime victim to
obtain transportation reimbursement for the entire prosecution of his or her case. That is, the
crime victim would be eligible for reimbursement for transportation for any proceeding between
arraignment and sentencing, as well as parole hearings. The rationale of the bill was that
the crime victim should have an absolute right to attend each and every proceeding regarding
the prosecution of his or her case. The Governor’s Office vetoed the bill stating that financial
cost was a major factor for veto and that the staff of CVB was ill-equipped to handle the added
paperwork.
S.8022 HASSELL-THOMPSON /A 11330 Aubry
Requires Detailed Reports on Impact of Prison Closings
Vetoed 8/13/10 memo 6767 of 2010
Existing law requires the department of correctional services (DOCS) to report security staffing
information to the legislature each year. This bill expands the existing report by requiring
additional information about security staffing ratios, bed capacity and the double-bunking and
double-ceiling of inmates be included in such report. The bill also requires that such report
be provided to the legislature by February 1st of each year. Additionally, this bill modifies the
prison closure notice requirements of section 79-a of the correction law by requiring that a
report, with specific information regarding the impact of any proposed closure, accompany
the closure notice. Each year a prison closure has been proposed by the Governor, DOCS has
provided the legislature with a report detailing the reason for the proposed closure and the anticipated
impact. This bill will codify this practice and require DOCS to formally report on how
a prison closure will impact staff, security, inmates, available bed capacity, and programs. This
will ensure that the legislature continues to be provided with the information needed to make
informed decisions regarding proposed prison closures.
S.4687 HASSELL-THOMPSON, DIAZ, KRUEGER / A 08012 Jeffries
State Human Rights Relief for Ex-Offenders – Reentry
Vetoed 8/13/10 memo 6756 of 2010
The purpose of this bill is to ensure that persons illegally discriminated against by a public
employer due to a prior criminal conviction unrelated to the employment sought is able
to seek redress with the New York State Division of Human Rights. New York State’s Human
Rights Law §297 enumerates the remedies available to a person with a claim of unlawful
discrimination. This provision states that, “Any person claiming to be aggrieved by an unlawful
discriminatory practice may, by himself or herself- make, sign and file with the division a
verified complaint.” Inexplicably, under a separate provision of New York State law, one class of
persons, those discriminated against by public agencies on the basis of their criminal record,
have their remedies limited. Under Section 755 of the Correction Law, individuals denied employment
by a public agency because of their criminal record have only one remedy available
to them - an Article 78 proceeding in state court. However, individuals wrongly denied employment
by a private employer are able to file a complaint with the Division of Human Rights.
There is no persuasive reason that only people who are discriminated against by a public
agency because of their criminal record should be limited to fewer options.
Standing Committee on Crime Victims, Crime and Correction | 2009-2010 Report 57