NY State Senate Bill 2015-S2310

Senate Bill S2310

2015-2016 Legislative Session

Requires the division of criminal justice services to check the wanted felon status and other information of people applying for public assistance

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to finance
Jan 22, 2015	referred to finance

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2015-S2310 (ACTIVE) - Details

See Assembly Version of this Bill:: A4088
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §845-c, Exec L; amd §§132 & 145-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6156, A8882
2013-2014: S1956, A4955
2017-2018: S3841, A3481
2019-2020: A5067
2021-2022: A6352
2023-2024: A5246

2015-S2310 (ACTIVE) - Summary

Requires the division of criminal justice services to check the wanted felon status and probation or parole violator status of people applying for public assistance.

2015-S2310 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2310

TITLE OF BILL:  An act to amend the executive law and the social
services law, in relation to requiring the division of criminal
justice services to check the wanted felon status and other
information of people applying for public assistance

PURPOSE:

To authorize the Division of Criminal Justice Services (DCJS) to
provide information to local social services districts and to require
those social services districts to request such information regarding
whether applicants for benefits are wanted felons or are absconding
from parole or probation. Further, to require that where such
applicants have fraudulently obtained public assistance benefits, such
benefits must be repaid and subject to the same penalties as any other
acts of fraud which are used to gain public assistance benefits.

SUMMARY:

Section 1 adds a new section 845-C to the executive law requiring the
commissioners of social service districts, or their authorized
designees, to request, from DCJS information regarding whether
applicants for public assistance benefits are wanted felons and/or
whether they are probation or parole violators who are absconding from
justice and authorizes DCJS to provide such information.

Section 2 adds new subparagraphs to Social Service law section 132 to
the current investigation required by that section. Under the new
provisions, the Department of Social Services (DSS) must inquire of
the DCJS regarding whether applicants for public assistance are wanted
felons or absconding from probation or parole. Where an applicant is
found to have such status, DSS shall further investigate to determine
whether the applicant knew, or had reason to know of his/her status,
and when the applicant became or should have become aware of such
status. This section also ensures benefits collected during the period
of time that the fleeing felon or absconder from probation or parole
knew or should have known of such status, must be repaid.

Section 3 amends subparagraph b of paragraph one of section 145-B of
the Social Service Law by adding a new subparagraph (iii) to ensure
that a deliberate false response to questions on the application for
public assistance regarding an applicant's status as a fleeing felon
or probation or parole absconder is treated as fraud for purposes of
that section and as such subject to the penalties set forth therein.

Section 4 authorizes the Commissioner of DSS in consultation with the
Commissioner of DCJS to promulgate rules and regulations to implement
the act.

Section 5 provides the effective date.

JUSTIFICATION:

Currently, both federal and New York State law prohibits those who
know that they are fleeing felons and those who are knowingly
absconding from probation or parole from receiving public assistance


benefits. However, at this time, there is no statutory requirement in
place to ensure that applicants for public assistance are investigated
to determine whether they ineligible based on this status. The "wanted
felon" portion of the Federal Bureau of Investigation "National Crime
Information Center" database is provided to NYS and is distributed to
NYS law enforcement through E. Justice-by DCJS. This bill is needed to
authorize DCJS to provide this information to commissioners of the
social services departments and to require that those departments make
such an inquiry.

It should be noted that in previous years, the NYS Office of Temporary
Disability Assistance worked with the NYS Division of Criminal Justice
Services to check if an applicant was a fleeing felon.  However,
following the federal ruling in FOWLEES V. ADAMEC it was determined
that governing statute was needed to give the local DSS the authority
to determine if an applicant is a fleeing felon. In addition, this
bill is necessary to ensure that benefits paid based on fraudulent
representations by the applicant, are fully recouped by NYS and that
those applicants who fraudulently obtain benefits by deliberately
misrepresenting their ineligibility are subject to the same stringent
penalties as for any other fraudulent representations.

This legislation would also alert law enforcement to the location of
fleeing felons and those absconding from probation or parole and thus
enhance the effectiveness of our state's law enforcements efforts. At
particular issue was the 2011 arrest of Edward Moses made in Fulton,
New York. Moses was arrested in the parking lot of a local bank after
a witness called the police to report suspicious behavior. When asked
for proof of identity, Edward Moses provided the police with his New
State Electronic Benefits Card given to individuals on public
assistance or other social services programs. When the police ran his
name, they immediately discovered that Moses was wanted for attempted
murder, kidnapping and possession of a weapon in South Carolina.
Unfortunately, it is unlikely that this is an isolated event.

Benefits are not designed for persons who are evading arrest or who
are wanted criminals. This legislation seeks to protect the integrity
of New York's public assistance programs by making sure benefits are
being directed to those who are truly in need of assistance.

PRIOR LEGISLATIVE HISTORY:

2011-2012: S.6156/A.8882;
2013-2014: S.1956/A.4955

FISCAL IMPACT:

It is anticipated that any increase in investigation costs would be
more than offset by savings attributable to disqualifying ineligible
applicants and recouping payments already made to those who are
ineligible.

EFFECTIVE DATE:

This act shall take effect on the 180th day after becoming a law.

2015-S2310 (ACTIVE) - Bill Text download pdf

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

                                  2310

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sens.  RITCHIE,  CROCI,  DeFRANCISCO,  FUNKE,  GALLIVAN,
  LARKIN, RANZENHOFER, SEWARD, VALESKY -- read twice and ordered  print-
  ed, and when printed to be committed to the Committee on Finance

AN  ACT  to  amend  the  executive  law  and the social services law, in
  relation to requiring the division of  criminal  justice  services  to
  check the wanted felon status and other information of people applying
  for public assistance

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

  Section 1. The executive law is amended by adding a new section  845-c
to read as follows:
  S  845-C.  REQUESTS  FOR WANTED FELON INFORMATION. 1. DEFINITIONS.  AS
USED IN THIS SECTION:
  (A) "AUTHORIZED PERSON" MEANS A COMMISSIONER OF  SOCIAL  SERVICES,  AS
DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THE SOCIAL SERVICES LAW, OR
ANY  ONE  OR MORE INDIVIDUALS DESIGNATED BY SUCH COMMISSIONER AS AUTHOR-
IZED TO REQUEST, RECEIVE AND REVIEW  INFORMATION  REGARDING  THE  WANTED
FELON PORTION OF THE NATIONAL CRIME INFORMATION CENTER AND/OR, IF APPLI-
CABLE,  INFORMATION  REGARDING  AN  INDIVIDUAL'S VIOLATION OF HIS OR HER
PROBATION OR PAROLE CONDITIONS PURSUANT TO THIS SECTION.  A COMMISSIONER
OF SOCIAL SERVICES MAY DESIGNATE  ONE  OR  MORE  ADDITIONAL  PERSONS  AS
NECESSARY TO SERVE AS AUTHORIZED PERSONS PURSUANT TO THIS SECTION.
  (B)  "SUBJECT  INDIVIDUAL"  MEANS  A PERSON WHO IS APPLYING FOR PUBLIC
ASSISTANCE WHOSE WANTED FELON STATUS OR  PROBATION  OR  PAROLE  VIOLATOR
STATUS  HAS BEEN REQUESTED PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF
THE SOCIAL SERVICES LAW.
  (C) "WANTED FELON" MEANS A PERSON WHO IS FLEEING OR HAS FLED TO  AVOID
PROSECUTION,  OR CUSTODY OR CONFINEMENT AFTER CONVICTION, UNDER THE LAWS
OF THE PLACE FROM WHICH THE PERSON FLEES, FOR A CRIME, OR AN ATTEMPT  TO
COMMIT A CRIME, WHICH IS A FELONY UNDER THE LAWS OF THE PLACE FROM WHICH
THE PERSON FLEES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07639-01-5

S. 2310                             2

  (D)  "PROBATION  OR PAROLE VIOLATOR" MEANS A PERSON WHO IS VIOLATING A
CONDITION OF PROBATION OR PAROLE AND THAT PERSON IS CURRENTLY AN ABSCON-
DER FROM PROBATION OR PAROLE SUPERVISION AND A WARRANT ALLEGING  SUCH  A
VIOLATION  IS  OUTSTANDING,  OR  THE  PERSON  HAS BEEN FOUND BY JUDICIAL
DETERMINATION  TO  HAVE  VIOLATED PROBATION OR BY ADMINISTRATIVE ADJUDI-
CATION BY THE DIVISION OF PAROLE TO HAVE VIOLATED PAROLE, OR THE  PERSON
IS  VIOLATING  A  CONDITION OF PROBATION OR PAROLE IMPOSED UNDER FEDERAL
LAW.
  2. WHERE AN AUTHORIZED PERSON REQUESTS INFORMATION REGARDING THE WANT-
ED FELON STATUS OR THE PROBATION OR PAROLE VIOLATOR STATUS, OF A SUBJECT
INDIVIDUAL APPLYING FOR PUBLIC ASSISTANCE REQUIRED PURSUANT  TO  SECTION
ONE  HUNDRED  THIRTY-TWO  OF  THE SOCIAL SERVICES LAW, SUCH PERSON SHALL
PROCEED PURSUANT TO THE PROVISIONS OF THIS SECTION.
  3.  AN  AUTHORIZED  PERSON  REQUESTING  THE  WANTED  FELON  STATUS  OR
PROBATION  OR  PAROLE VIOLATOR STATUS, PURSUANT TO THIS SECTION SHALL DO
SO BY COMPLETING A FORM ESTABLISHED FOR SUCH PURPOSE  BY  THE  DIVISION.
SUCH  FORM  SHALL  INCLUDE  A  SWORN  STATEMENT OF THE AUTHORIZED PERSON
CERTIFYING THAT:
  (A) THE PERSON FOR WHOSE INFORMATION IS REQUESTED IS A  SUBJECT  INDI-
VIDUAL FOR WHOM INFORMATION IS AVAILABLE BY LAW;
  (B) THE RESULTS OF REQUEST WILL BE USED BY THE AUTHORIZED PERSON SOLE-
LY FOR PURPOSES AUTHORIZED BY LAW; AND
  (C)  THE  AUTHORIZED  PERSON  AND  HIS OR HER AGENTS AND EMPLOYEES ARE
AWARE OF AND WILL ABIDE BY  THE  CONFIDENTIALITY  REQUIREMENTS  AND  ALL
OTHER PROVISIONS OF THIS ARTICLE.
  S  2.  Subdivision  1  of  section  132 of the social services law, as
amended by section 22 of part B of chapter 436 of the laws of  1997,  is
amended to read as follows:
  1.  (A)  When  an application for assistance or care is received, or a
social services official is informed that a person is in need of  public
assistance  and  care,  an investigation and record shall be made of the
circumstances of such person. The object of such investigations shall be
to secure the facts necessary to determine whether  such  person  is  in
need  of  public assistance or care and what form thereof and service he
or she should receive AND TO DETERMINE WHETHER SUCH PERSON IS  A  WANTED
FELON   AS   DEFINED   IN  SUBDIVISION  ONE  OF  SECTION  EIGHT  HUNDRED
FORTY-FIVE-C OF THE EXECUTIVE LAW OR A PROBATION OR PAROLE  VIOLATOR  AS
DEFINED  IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE
EXECUTIVE LAW AND IF SUCH WARRANT  OR  VIOLATION  EXISTS,  WHETHER  SUCH
PERSON WAS AWARE OR SHOULD HAVE BEEN AWARE OF SUCH WARRANT OR VIOLATION.
Information  shall  be  sought  as  to the residence of such person, the
name, age,  religious  faith,  physical  condition,  earnings  or  other
income,  and  ability to work of all members of the family, the cause of
the person's condition, the ability and willingness of the family, rela-
tives, friends and church to assist, and such  other  facts  as  may  be
useful  in  determining  the  treatment  which  will  be helpful to such
person. However, nothing in this subdivision or elsewhere in this  chap-
ter  contained  shall be construed to require a social services official
to communicate with or require assistance from  any  person  or  persons
liable  by law to contribute to the support of a woman pregnant with, or
the mother of, an out of wedlock child, in need of care away  from  home
during  pregnancy  and  during and after delivery, in the case where the
surrender of the child to the social services official is under  consid-
eration,  for  such period as may be necessary for such mother and offi-
cial to decide whether the child will be  surrendered  for  adoption  to
such  official,  which  period shall not extend beyond ninety days after

S. 2310                             3

birth of the child. Except where the welfare official is  in  possession
of  positive  proof  that  the  applicant is receiving or is eligible to
receive unemployment insurance benefits  and  the  amount  thereof  such
investigations  shall  include  written  request  to the commissioner of
labor or his or her duly authorized officer charged with  administration
of  the  unemployment  insurance law for information as to the status of
such person in respect to unemployment insurance benefits.
  (B) THE COMMISSIONER OF A SOCIAL SERVICES DISTRICT OR  ANY  AUTHORIZED
PERSON,  AS  DEFINED IN SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECU-
TIVE LAW, SHALL REQUEST INFORMATION FOR EACH APPLICANT FROM THE DIVISION
OF CRIMINAL JUSTICE SERVICES, TO DETERMINE WHETHER SUCH APPLICANT  IS  A
WANTED  FELON  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION EIGHT HUNDRED
FORTY-FIVE-C OF THE EXECUTIVE LAW OR PROBATION  OR  PAROLE  VIOLATOR  AS
DEFINED  IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE
EXECUTIVE LAW.
  (C) UPON BEING INFORMED BY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
THAT  AN  APPLICANT IS A WANTED FELON OR A PROBATION OR PAROLE VIOLATOR,
PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE
EXECUTIVE LAW, THE COMMISSIONER SHALL INVESTIGATE TO  DETERMINE  WHETHER
THE  APPLICANT  IS  AWARE OF HIS OR HER STATUS AND TO DETERMINE WHEN THE
APPLICANT BECAME, OR SHOULD HAVE BECOME AWARE OF HIS OR HER STATUS.
  (D) WHERE AN APPLICANT HAS NOT INITIALLY BEEN DETERMINED TO BE  INELI-
GIBLE  FOR  PUBLIC  ASSISTANCE BENEFITS BECAUSE OF A RELIANCE ON A FALSE
STATEMENT PROVIDED IN THE APPLICATION, HOWEVER  IS  SUBSEQUENTLY  DETER-
MINED  TO BE INELIGIBLE FOR SUCH ASSISTANCE, THE COMMISSIONER, ON BEHALF
OF THE STATE AND THE LOCAL  SOCIAL  SERVICES  DISTRICT  SHALL  HAVE  THE
AUTHORITY  TO  RECOUP  FROM  THE  INDIVIDUAL  THE SUMS EXPENDED FOR SUCH
ASSISTANCE DURING THE PERIOD OF TIME THAT SUCH PERSON RECEIVED  BENEFITS
AND  KNEW  OR  SHOULD HAVE KNOWN THAT THEIR STATEMENT CLAIMING THAT THEY
ARE NEITHER A WANTED FELON OR PROBATION OR PAROLE  VIOLATOR  STATUS  WAS
FALSE.
  (E) AN INDIVIDUAL WHO IS IDENTIFIED, AND KNOWS SO OR IS NOTIFIED THER-
EOF,  AS BEING A PROBATION OR PAROLE VIOLATOR, AS DEFINED IN SUBDIVISION
ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW,  IS  NOT
ELIGIBLE  FOR  PUBLIC ASSISTANCE UNTIL HE OR SHE VERIFIES THAT HE OR SHE
HAS BEEN RESTORED TO PROBATION  OR  PAROLE  SUPERVISION,  RELEASED  FROM
CUSTODY,  OR UNTIL THE PERSON'S MAXIMUM PERIOD OF IMPRISONMENT OR SUPER-
VISION HAS EXPIRED.
  S 3. Paragraph (b) of subdivision 1 of section  145-b  of  the  social
services  law,  as added by chapter 2 of the laws of 1998, is amended to
read as follows:
  (b) For  purposes  of  this  section,  "statement  or  representation"
includes, but is not limited to:
  (I)  a claim for payment made to the state, a political subdivision of
the state, or an entity performing services under contract to the  state
or a political subdivision of the state;
  (II)  an  acknowledgment, certification, claim, ratification or report
of data which serves as the basis for a claim  or  a  rate  of  payment,
financial information whether in a cost report or otherwise, health care
services  available or rendered, and the qualifications of a person that
is or has rendered health care services;
  (III) AN INTENTIONAL INCORRECT ANSWER, MADE BY  THE  APPLICANT,  TO  A
QUESTION  ON  AN  APPLICATION FOR PUBLIC ASSISTANCE REGARDING THE WANTED
FELON AS DEFINED IN SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE  EXECUTIVE
LAW  STATUS  OR PROBATION OR PAROLE VIOLATOR AS DEFINED IN SECTION EIGHT

S. 2310                             4

HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW STATUS OF AN  APPLICANT  OR  A
MEMBER OF HIS OR HER FAMILY.
  S  4.  The state commissioner of social services, in consultation with
the commissioner of the division of criminal justice services, is hereby
authorized to promulgate rules and regulations necessary for the  imple-
mentation of this act.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such effective date.

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