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

                                  3363

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of A. PEOPLES-STOKES, SEPULVEDA, ROBERTS, O'DONNELL,
  ROZIC -- Multi-Sponsored by  --  M.  of  A.  ARROYO,  BRENNAN,  CLARK,
  FARRELL,  HEVESI,  McDONALD,  MOSLEY  -- read once and referred to the
  Committee on Correction

AN ACT to amend the correction law and the executive law, in relation to
  college admission for persons previously  convicted  of  one  or  more
  criminal offenses

  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 article  23-B
to read as follows:
                              ARTICLE 23-B
           COLLEGE ADMISSIONS FOR PERSONS PREVIOUSLY CONVICTED
                    OF ONE OR MORE CRIMINAL OFFENSES
SECTION 770. DEFINITIONS.
        771. LEGISLATIVE INTENT.
        772. PROHIBITION AGAINST INQUIRIES ABOUT ARRESTS THAT DID NOT
               RESULT IN A CRIMINAL CONVICTION AND CRIMINAL CONVICTIONS
               THAT HAVE BEEN SEALED.
        773. PRE-ACCEPTANCE PROHIBITION AGAINST INQUIRY INTO CRIMINAL
               HISTORY.
        774. POST-ACCEPTANCE INQUIRY ABOUT CRIMINAL HISTORY PERMITTED.
        775. INQUIRIES INTO CRIMINAL HISTORY NOT REQUIRED.
        776.  ENFORCEMENT.
  S  770.  DEFINITIONS.  1. "COLLEGE" SHALL MEAN COLLEGES, UNIVERSITIES,
PROFESSIONAL AND TECHNICAL SCHOOLS  AND  OTHER  INSTITUTIONS  OF  HIGHER
EDUCATION  AUTHORIZED  TO  CONFER  DEGREES PURSUANT TO SUBDIVISIONS TWO,
THREE AND EIGHT OF SECTION TWO OF THE EDUCATION LAW.
  2. "ADMISSIONS DECISION-MAKING PROCESS" SHALL MEAN SUBMISSION  OF  THE
APPLICATION  AND  ALL  ASPECTS OF THE APPLICATION PROCESS THROUGH ADMIS-
SION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01680-01-5
              

A. 3363                             2

  3. "DIRECT RELATIONSHIP" MEANS THAT THERE IS A SUBSTANTIAL  CONNECTION
BETWEEN  THE  NATURE  OF THE CRIME FOR WHICH THE ACCEPTED INDIVIDUAL WAS
CONVICTED AND THE ACTIVITY OR ASPECT OF CAMPUS LIFE AT  ISSUE  AND  SUCH
CONNECTION  WOULD  CREATE AN UNREASONABLE RISK TO THE PROPERTY OR TO THE
SAFETY  OR  WELFARE  OF SPECIFIC INDIVIDUALS OR THE CAMPUS AS A WHOLE IF
THE ACCEPTED STUDENT IS PERMITTED TO PARTICIPATE WITH OR WITHOUT  CONDI-
TIONS.
  S  771. LEGISLATIVE INTENT. COLLEGE EDUCATION PLAYS A CRITICAL ROLE IN
DEVELOPING GOOD CITIZENSHIP, CREATING ECONOMIC AND SOCIAL OPPORTUNITIES,
AND ENHANCING PUBLIC SAFETY BY REDUCING THE  RECIDIVISM  OF  INDIVIDUALS
WITH  A  CRIMINAL  HISTORY RECORD. THEREFORE, IT IS THE PUBLIC POLICY OF
THIS STATE TO PROMOTE THE ADMISSION TO COLLEGE OF INDIVIDUALS PREVIOUSLY
CONVICTED OF ONE OR MORE CRIMINAL OFFENSES AND TO ALLOW SUCH INDIVIDUALS
TO FULLY PARTICIPATE IN ALL ASPECTS OF COLLEGE LIFE.
  S 772. PROHIBITION AGAINST INQUIRIES ABOUT ARRESTS THAT DID NOT RESULT
IN A CRIMINAL CONVICTION AND CRIMINAL CONVICTIONS THAT HAVE BEEN SEALED.
AT NO TIME DURING THE  ADMISSION  DECISION-MAKING  PROCESS  OR  WHILE  A
STUDENT IS ENROLLED SHALL COLLEGES MAKE ANY INQUIRY OR CONSIDER INFORMA-
TION  ABOUT  ANY  ARREST  OR CRIMINAL ACCUSATION OF AN INDIVIDUAL WHO IS
APPLYING FOR ADMISSION OR HAS BEEN  ADMITTED  THAT  WAS  FOLLOWED  BY  A
TERMINATION OF THAT CRIMINAL ACTION OR PROCEEDING IN FAVOR OF SUCH INDI-
VIDUAL  AS  DEFINED IN SUBDIVISION TWO OF SECTION 160.50 OF THE CRIMINAL
PROCEDURE LAW AND SECTION 375.1 OF THE FAMILY COURT ACT, OR BY A  YOUTH-
FUL  OFFENDER  ADJUDICATION  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION
720.35 OF THE CRIMINAL PROCEDURE LAW, OR BY A JUVENILE DELINQUENCY ADJU-
DICATION AS DEFINED IN SUBDIVISION ONE OF SECTION 380.1  OF  THE  FAMILY
COURT  ACT, OR BY A CONVICTION FOR A VIOLATION SEALED OR SEALABLE PURSU-
ANT TO SECTION 160.55 OF THE CRIMINAL PROCEDURE LAW, OR BY A  CONVICTION
WHICH  IS  SEALED  PURSUANT  TO SECTION 160.58 OF THE CRIMINAL PROCEDURE
LAW.
  S 773. PRE-ACCEPTANCE PROHIBITION AGAINST INQUIRY INTO CRIMINAL HISTO-
RY.  COLLEGES MAY NOT MAKE ANY INQUIRY OR CONSIDER INFORMATION ABOUT  AN
INDIVIDUAL'S  PAST CRIMINAL CONVICTION OR CONVICTIONS AT ANY TIME DURING
THE APPLICATION AND ADMISSIONS DECISION-MAKING PROCESS.
  S 774. POST-ACCEPTANCE INQUIRY ABOUT CRIMINAL  HISTORY  PERMITTED.  1.
AFTER  AN  INDIVIDUAL  HAS BEEN ADMITTED AS A STUDENT, COLLEGES MAY MAKE
INQUIRIES ABOUT AND CONSIDER INFORMATION  ABOUT  THE  INDIVIDUAL'S  PAST
CRIMINAL CONVICTION HISTORY FOR THE PURPOSE OF OFFERING SUPPORTIVE COUN-
SELING AND SERVICES.
  2.  COLLEGES  MAY  ALSO  MAKE INQUIRIES ABOUT AND CONSIDER INFORMATION
ABOUT THE INDIVIDUAL'S PAST CRIMINAL CONVICTION HISTORY FOR THE  PURPOSE
OF  MAKING  DECISIONS  ABOUT  PARTICIPATION IN ACTIVITIES AND ASPECTS OF
CAMPUS LIFE ASSOCIATED  WITH  THE  INDIVIDUAL'S  STATUS  AS  A  STUDENT,
INCLUDING  BUT  NOT  LIMITED  TO  HOUSING.  IN MAKING SUCH INQUIRIES AND
CONSIDERING SUCH INFORMATION:
  (A) COLLEGES SHALL NOT USE INFORMATION ABOUT AN ADMITTED  INDIVIDUAL'S
CRIMINAL CONVICTION HISTORY TO RESCIND AN OFFER OF ADMISSION.
  (B)  COLLEGES  SHALL  NOT ESTABLISH OUTRIGHT BARS TO ANY ACTIVITIES OR
PARTICIPATION IN ASPECTS OF CAMPUS LIFE BASED ON  AN  ADMITTED  INDIVID-
UAL'S  CRIMINAL  CONVICTION  HISTORY.  INSTEAD, COLLEGES MUST DEVELOP AN
INDIVIDUALIZED PROCESS FOR DETERMINING WHETHER OR NOT THERE IS A  DIRECT
RELATIONSHIP  BETWEEN  THE  ACCEPTED  INDIVIDUAL'S  CRIMINAL  CONVICTION
HISTORY AND THE ACTIVITY OR ASPECT OF CAMPUS LIFE AT ISSUE.  THIS  INDI-
VIDUALIZED PROCESS MUST BE SET FORTH IN WRITING AND MUST INCLUDE CONSID-
ERATION OF:

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  (I)  THE  AGE OF THE INDIVIDUAL AT THE TIME OF THE BEHAVIOR UNDERLYING
THE CRIMINAL CONVICTION OR CONVICTIONS;
  (II) THE TIME THAT HAS ELAPSED SINCE THE BEHAVIOR UNDERLYING THE CRIM-
INAL CONVICTION OR CONVICTIONS;
  (III) THE NATURE OF THE CONVICTION OR CONVICTIONS AND WHETHER IT BEARS
A  DIRECT  RELATIONSHIP  TO  THE ACTIVITY OR PARTICIPATION IN ASPECTS OF
CAMPUS LIFE AT ISSUE; AND
  (IV) ANY EVIDENCE OF REHABILITATION OR GOOD CONDUCT  PRODUCED  BY  THE
ACCEPTED INDIVIDUAL.
  (C) THIS INDIVIDUALIZED PROCESS MUST FURTHER PROVIDE AN ACCEPTED INDI-
VIDUAL  AN  OPPORTUNITY  TO APPEAL ANY DENIAL OR LIMITATION OF ACCESS TO
ANY ACTIVITY OR ASPECT OF CAMPUS LIFE.   COLLEGES  MUST  FURTHER  INFORM
ACCEPTED  INDIVIDUALS  OF THIS PROCESS IN WRITING, INCLUDING THEIR RIGHT
TO PROVIDE EVIDENCE OF REHABILITATION AND GOOD CONDUCT AND  THEIR  RIGHT
TO APPEAL.
  S 775. INQUIRIES INTO CRIMINAL HISTORY NOT REQUIRED. THIS ARTICLE DOES
NOT  REQUIRE COLLEGES TO MAKE INQUIRIES INTO OR CONSIDER AN INDIVIDUAL'S
CRIMINAL CONVICTION HISTORY FOR ANY REASON. IF COLLEGES ELECT TO  DO  SO
FOR THE PURPOSE OF DETERMINING IF THERE IS A DIRECT RELATIONSHIP BETWEEN
THE  ACCEPTED  INDIVIDUAL'S  CONVICTION OR CONVICTIONS AND ACTIVITIES OR
PARTICIPATION IN ASPECTS OF CAMPUS  LIFE,  COLLEGES  MUST  CONSIDER  THE
STATE'S POLICY TO PROMOTE THE ADMISSION TO COLLEGE OF INDIVIDUALS PREVI-
OUSLY  CONVICTED  OF  ONE OR MORE CRIMINAL OFFENSES AND OF ALLOWING SUCH
INDIVIDUALS FULL ACCESS TO ALL ASPECTS OF COLLEGE LIFE.
  S 776. ENFORCEMENT. FAILURE TO COMPLY WITH THIS SECTION  SHALL  BE  AN
UNLAWFUL DISCRIMINATORY PRACTICE AS DEFINED IN SUBDIVISION TWENTY-TWO OF
SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
  S  2.  Section  296  of  the  executive law is amended by adding a new
subdivision 22 to read as follows:
  22. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR  ANY  COLLEGE,
AS  DEFINED  IN  SUBDIVISION ONE OF SECTION SEVEN HUNDRED SEVENTY OF THE
CORRECTION LAW, TO MAKE ANY INQUIRY INTO OR CONSIDER  INFORMATION  ABOUT
AN INDIVIDUAL'S PAST ARREST OR CONVICTION HISTORY AT ANY TIME DURING THE
APPLICATION  AND  ADMISSIONS  DECISION-MAKING  PROCESS  OR TO RESCIND AN
OFFER OF ADMISSION BASED UPON INFORMATION ABOUT AN  INDIVIDUAL'S  ARREST
OR CONVICTION THAT OCCURRED PRIOR TO ADMISSION.
  S 3. This act shall take effect immediately.