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Crime Committee Report e.indd - New York State Senate

Crime Committee Report e.indd - New York State Senate

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S.4643 HASSELL-THOMPSON<br />

You Can Vote When You Come Home<br />

This bill would restore voting rights to parolees, to facilitate community reintegration and<br />

participation in the civic process, rather than requiring a parolee to wait until he or she has<br />

been discharged from parole or reached the maximum expiration date of the sentence.<br />

The bill amends subdivision two of section 5-106 of the Election Law to restore voting rights<br />

to individuals who have been released to community supervision from <strong>New</strong> <strong>York</strong> state sentences<br />

imposed as a result of <strong>New</strong> <strong>York</strong> felony convictions. Election Law §5-106(2) bars a person convicted<br />

of a <strong>New</strong> <strong>York</strong> felony from voting or registering to vote, and also, as currently drafted, restores<br />

voting rights when the person is either discharged from parole or reaches the maximum<br />

expiration date of his or her sentence. This bill would restore voting rights while the person is<br />

serving the community supervision portion of the sentence, so that he or she can exercise the<br />

civic responsibility of voting. Sections two and three of the bill make similar changes to subdivisions<br />

three and four of EL§5-1 06, which deal respectively with federal felony convictions and<br />

felony convictions in other states. The bill requires the Division of Parole to make voter registration<br />

forms available to parolees.<br />

S.1294 MONTGOMERY, ONORATO<br />

College Discrimination<br />

This legislation seeks to amend the education law, in relation to prohibiting colleges from denying<br />

formerly incarcerated individuals admittance to college based solely on their incarceration.<br />

S.3438-B<br />

MONTGOMERY, HASSELL-THOMPSON, KRUEGER, OPPENHEIMER, PARKER,<br />

SCHNEIDERMAN, SERRANO, VOLKER<br />

Domestic Violence Merit Time<br />

This bill allows inmates who can demonstrate that they are victims of domestic violence who<br />

were subjected to substantial physical, sexual or psychological abuse inflicted by a member<br />

of their same family or household as that term is defined in section 530.11 of the criminal<br />

procedure law or a member of the person’s immediate family as that term is defined in section<br />

120.40 of the penal law, and that the commission of the offense was a direct result of such<br />

abuse, to be eligible to earn a merit time allowance. The bill further allows such inmates who<br />

are serving an indeterminate term to be eligible for presumptive release. Inmates serving a sentence<br />

for a sex offense or an act of terrorism are not eligible for the merit time or presumptive<br />

release provided for in the bill.<br />

This bill also makes a conforming change to the work release statute to allow inmates who<br />

are victims of domestic violence who commit their crime as a result of abuse to be eligible for<br />

work release. The bill requires the Department of Correctional Services to consult with the Office<br />

for the Prevention of Domestic Violence, in implementing the provisions of the bill.<br />

S.4793 MONTGOMERY, ESPADA, HASSELL-THOMPSON<br />

GED Legislation<br />

This legislation requires the Department of Correctional Services to establish academic programs<br />

to prepare inmates to complete the General Equivalency Diploma (GED) and provides<br />

inmates with an opportunity to complete a GED prior to release on parole, conditional release,<br />

post release supervision or presumptive release.<br />

60<br />

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

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