S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   617

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Election Law

AN  ACT  to amend the correction law, the executive law and the election
  law, in  relation  to  voter  registration  applications  provided  to
  ex-felons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The correction law is amended by adding a new section 75 to
read as follows:
  S 75. DISCHARGE; PROVISION OF VOTER REGISTRATION  FORM.  1.  UPON  THE
DISCHARGE  FROM A CORRECTIONAL FACILITY OF ANY UNITED STATES CITIZEN WHO
HAS FULLY COMPLETED A SENTENCE OF IMPRISONMENT FOR THE CONVICTION  OF  A
FELONY,  THE DEPARTMENT SHALL PROVIDE SUCH CITIZEN WITH A FORM OF APPLI-
CATION FOR VOTER REGISTRATION BY MAIL TOGETHER WITH WRITTEN  INFORMATION
DISTRIBUTED  BY  A BOARD OF ELECTION ON THE IMPORTANCE AND THE MECHANICS
OF VOTING.
  2. THE COMMISSIONER SHALL, ON OR BEFORE  THE  FIFTEENTH  DAY  OF  EACH
MONTH,  TRANSMIT  TO  THE  SECRETARY OF STATE A LIST OF ALL PERSONS WHO,
DURING THE PRECEDING CALENDAR MONTH, HAVE BEEN RELEASED FROM CONFINEMENT
IN A CORRECTIONAL INSTITUTION OR FACILITY OR A COMMUNITY RESIDENCE  AND,
IF  APPLICABLE,  DISCHARGED  FROM  PAROLE.  SUCH LISTS SHALL INCLUDE THE
NAMES, BIRTH DATES AND ADDRESSES OF SUCH  PERSONS,  WITH  THE  DATES  OF
THEIR  CONVICTIONS.  THE SECRETARY OF STATE SHALL TRANSMIT SUCH LISTS TO
THE REGISTRARS OF THE MUNICIPALITIES IN  WHICH  SUCH  CONVICTED  PERSONS
RESIDED  AT  THE  TIME OF THEIR CONVICTIONS AND TO THE REGISTRARS OF ANY
MUNICIPALITIES WHERE THE SECRETARY BELIEVES SUCH PERSONS  MAY  BE  ELEC-
TORS.
  S 2. Subdivision 2 of section 259-j of the executive law, as separate-
ly amended by section 10 of part F and section 1 of part N of chapter 62
of the laws of 2003, is amended to read as follows:
  2.  A  merit  termination granted by the division of parole under this
section shall constitute a termination of the sentence with  respect  to
which  it was granted. No such merit termination shall be granted unless
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00064-01-9

A. 617                              2

the division of parole is satisfied that termination  of  sentence  from
presumptive  release,  parole or from conditional release is in the best
interest of society, and that the parolee or releasee, otherwise  finan-
cially  able  to  comply with an order of restitution and the payment of
any mandatory surcharge previously  imposed  by  a  court  of  competent
jurisdiction,  has  made  a good faith effort to comply therewith.  UPON
SUCH DISCHARGE, THE BOARD OF PAROLE SHALL PROVIDE ANY SUCH UNITED STATES
CITIZEN PAROLEE WITH A FORM OF APPLICATION  FOR  VOTER  REGISTRATION  BY
MAIL  TOGETHER  WITH  WRITTEN  INFORMATION  DISTRIBUTED  BY  A  BOARD OF
ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF VOTING.
  S 3. Subdivision 1 of section 259-j of the executive law,  as  amended
by chapter 738 of the laws of 2004, is amended to read as follows:
  1. Except where a determinate sentence is imposed for a violent felony
offense as defined in section 70.02 of the penal law, or a sentence with
a  maximum term of life imprisonment was imposed for a felony other than
a felony defined in article two hundred twenty of the penal law, if  the
board  of  parole is satisfied that an absolute discharge from parole or
from conditional release is in the best interests of society, the  board
may  grant  such a discharge prior to the expiration of the full maximum
term to any person who has  been  on  unrevoked  parole  or  conditional
release  for at least three consecutive years. A discharge granted under
this section shall constitute a termination of the sentence with respect
to which it was granted. No such discharge shall be granted  unless  the
board  of  parole  is  satisfied that the parolee, otherwise financially
able to comply with an order of  restitution  and  the  payment  of  any
mandatory  surcharge,  sex offender registration fee or DNA databank fee
previously imposed by a court of competent jurisdiction, has made a good
faith effort to comply therewith.   UPON SUCH DISCHARGE,  THE  BOARD  OF
PAROLE  SHALL PROVIDE ANY SUCH UNITED STATES CITIZEN PAROLEE WITH A FORM
OF APPLICATION FOR VOTER REGISTRATION  BY  MAIL  TOGETHER  WITH  WRITTEN
INFORMATION  DISTRIBUTED  BY  A BOARD OF ELECTIONS ON THE IMPORTANCE AND
THE MECHANICS OF VOTING.
  S 4. Subdivision 2 of section 5-106 of the election law, as amended by
chapter 373 of the laws of 1978, is amended to read as follows:
  2. No person who has been convicted of a felony pursuant to  the  laws
of  this  state,  shall  have  the  right to register for or vote at any
election unless [he] SUCH PERSON shall have been pardoned or restored to
the rights of citizenship by the governor, or [his] SUCH PERSON'S  maxi-
mum  sentence  of imprisonment has expired, or [he] SUCH PERSON has been
discharged from parole. The governor, however, may attach as a condition
to any such pardon a provision that any such person shall not  have  the
right  of  suffrage until it shall have been separately restored to him.
UPON THE EXPIRATION OF SUCH PERSON'S MAXIMUM SENTENCE  OF  IMPRISONMENT,
OR  UPON  SUCH PERSON'S DISCHARGE FROM PAROLE, THE COMMISSIONER SHALL IN
THE CASE OF ANY CITIZEN SEND A NOTICE OF VOTER ELIGIBILITY TO THE APPRO-
PRIATE BOARD OF ELECTIONS VERIFYING THE  FORMER  INMATE'S  OR  PAROLEE'S
ELIGIBILITY  TO  REGISTER  TO  VOTE AND TO VOTE, AND SHALL MAIL THE SAME
NOTICE TO THE FORMER INMATE OR PAROLEE.
  S 5. This act shall take effect immediately, provided that the  amend-
ments  to section 259-j of the executive law made by section two of this
act shall be subject to the expiration and  reversion  of  such  section
pursuant  to  section  74  of chapter 3 of the laws of 1995, as amended,
when upon such date the provisions of section three of  this  act  shall
take effect.