NY State Senate Bill 2017-S53B

Archive: Last Bill Status - In Senate Committee Judiciary 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
Jun 20, 2018	print number 53b
Jun 20, 2018	amend and recommit to judiciary
Jun 12, 2018	print number 53a
Jun 12, 2018	amend and recommit to judiciary
Jan 03, 2018	referred to judiciary
Jan 04, 2017	referred to judiciary

Bill Amendments

Original

B (Active)

2017-S53 - Details

See Assembly Version of this Bill:: A3894
Current Committee:: Senate Judiciary
Law Section:: Court of Claims Act
Laws Affected:: Amd §8-b, rpld §8-b sub 7, Ct Claims Act; amd §156, Pub Hous L; amd §404, Cor L; amd §163, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7054, A9575
2019-2020: S2914, A1003
2021-2022: S477, A34
2023-2024: S2558, A4867

2017-S53 - Summary

Relates to the availability of certain benefits and entitlements to exonerees.

2017-S53 - Sponsor Memo

                                 BILL NUMBER:  S53

 TITLE OF BILL :

An act to amend the court of claims act, the public housing law, the
correction law, and the civil service law, in relation to the
availability of certain benefits to exonerees; and to repeal certain
provisions of the court of claims act relating thereto

 PURPOSE OR GENERAL IDEA OF BILL :

This bill will ensure exonerees are entitled to the same re-entry
services as other formerly incarcerated persons, as well as additional
benefits intended to ameliorate their wrongful conviction

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends the Court of Claims Act to add a new section that
defines "exoneree."

Section 2 updates the language in subdivision 5 of section 8-b of the
Court of Claims Act to ensure it applies to women.

Section 3 amends subsection 5 of section 8-b to ensure that an
exoneree needs only be cleared of charges they were convicted of to
qualify for benefits.

Section 4 amends section 8-b- of the Court of Claims Act to allow for
exonerees who were convicted based on a false confession to qualify
for benefits.

Section 5 repeals subdivision 7 of section 8-b of the Court of Claims
Act.

Section 6 amends section 8-b of the Court of Claims Act to clarify
that the benefits detailed in this legislation will be made available
upon the finding for the claimant by the court.

Section 7 adds subsections 7-14 to the Court of Claims Act, which will
seal the conviction records of exonerees, specify that the benefits
are not taxable and shall not be reduced to compensate for the costs
of their incarceration, establish exoneree eligibility for health and
dental insurance benefits, allow for the repayment of reasonable
attorney's fees incurred in the exoneration process, establish
exoneree eligibility for tuition benefits, establish exoneree
eligibility for all benefits made available to parolees, and protect
exonerees' right to sue for damages.

Section 8 adds paragraph c to subdivision 1 of section 156 of the
Public Housing Law which prevents any exoneree benefits from being
used to calculate income for public housing eligibility, and ensures
that exonerees will be given the highest need-based priority for
placement in public housing units.

Section 9 amends subdivision 4 of section 404 of the correction law
which includes exonerees in the class of inmates that is entitled to
mental health discharge planning and other mental health treatment.

Section 10 amends subdivision 2 of section 163 of the civil service
law to provide for the provision of health insurance to exonerees.

Section 11 sets the effective date.

 JUSTIFICATION :


Exonerees, those who have been wrongfully convicted, suffer enormous
damage through no fault of their own. It is the State's responsibility
to do everything possible to correct those wrongs.  While New York's
current policy is better than many other states, it still leaves much
of the burden of re-entry on individual exonerees and their families.
This bill will shift much of this burden back onto the state, rather
than on the exonerees.

Exonerees have a broad variety of needs stemming from their time in
prison. Because prisoners suffer from poor physical and mental health,
it is critical that exonerees are immediately able to access health
and mental health care. Job training and education benefits are also
essential to ensure exonerees are able to get and hold jobs after
their incarceration. Housing is also a serious concern for many
exonerees, since they have often have no income or credit history that
would allow them to rent an apartment on their own.

Some exonerees are able to depend on family or friends as they begin
to rebuild their lives, but many exonerees don't have those resources.
Every person who has been wrongly convicted should have all the
support they need to start fresh.

 PRIOR LEGISLATIVE HISTORY :

S.7054-A of 2016 (Hoylman): Died in Judiciary
A.9575-A of 2016 (Quart): Died in Ways & Means

 FISCAL IMPLICATIONS :

TBD

 EFFECTIVE DATE :
Immediately

2017-S53 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    53
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. HOYLMAN, PERKINS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the court of claims act, the  public  housing  law,  the
   correction  law,  and the civil service law, in relation to the avail-
   ability of certain  benefits  to  exonerees;  and  to  repeal  certain
   provisions of the court of claims act relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The court of claims act is amended by adding a new  section
 8-c to read as follows:
   §  8-C.  DEFINITIONS. WHEN USED IN THIS ACT, UNLESS OTHERWISE REQUIRED
 BY THE CONTEXT, OR UNLESS A CONTRARY INTENT IS EXPRESSLY DECLARED IN THE
 PROVISION TO BE CONSTRUED, THE TERM "EXONEREE" SHALL MEAN ANY PERSON WHO
 HAS BEEN GRANTED A JUDGMENT IN A CLAIM FOR UNJUST CONVICTION AND  IMPRI-
 SONMENT UNDER SECTION EIGHT-B OF THIS ACT.
   §  2.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision 5 of
 section 8-b of the court of claims act, as added by chapter 1009 of  the
 laws of 1984, are amended to read as follows:
   (i)  he  OR  SHE has been pardoned upon the ground of innocence of the
 crime or crimes for which he OR SHE was  sentenced  and  which  are  the
 grounds for the complaint; or (ii) his OR HER judgment of conviction was
 reversed  or  vacated,  and the accusatory instrument dismissed or, if a
 new trial was ordered, either he OR SHE was found not guilty at the  new
 trial  or  he  OR  SHE  was  not  retried  and the accusatory instrument
 dismissed; provided that the judgement of  conviction  was  reversed  or
 vacated,  and  the  accusatory  instrument  was dismissed, on any of the
 following grounds: (A) [paragraph (a), (b), (c), (e) or (g) of] subdivi-
 sion one of section 440.10 of the criminal procedure law; or (B)  subdi-
 vision  [one  (where  based upon grounds set forth in item (A) hereof),]
 two, three (where the count dismissed was the sole basis for the  impri-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05909-01-7

 S. 53                               2
 
 sonment  complained of) or five of section 470.20 of the criminal proce-
 dure law; or (C) comparable provisions of the former  code  of  criminal
 procedure or subsequent law; or (D) the statute, or application thereof,
 on  which  the accusatory instrument was based violated the constitution
 of the United States or the state of New York; and
   § 3. Paragraph (c) of subdivision 5 of section 8-b  of  the  court  of
 claims  act, as added by chapter 1009 of the laws of 1984, is amended to
 read as follows:
   (c) he OR SHE did not commit any of the acts [charged in the accusato-
 ry instrument] FOR WHICH HE OR SHE WAS CONVICTED or his OR HER  acts  or
 omissions  charged  in  the  accusatory  instrument did not constitute a
 felony or misdemeanor against the state; and
   § 4. Paragraph (d) of subdivision 5 of section 8-b  of  the  court  of
 claims  act, as added by chapter 1009 of the laws of 1984, is amended to
 read as follows:
   (d) he OR SHE did not by his OR HER own [conduct] MISCONDUCT cause  or
 bring  about his OR HER conviction.  FOR PURPOSES OF THIS SUBDIVISION, A
 CONFESSION, ADMISSION OR PLEA OF GUILTY MADE OR ENTERED BY THE  CLAIMANT
 MAY  NOT  BE  CONSIDERED  EVIDENCE OF MISCONDUCT UNLESS SUCH CONFESSION,
 ADMISSION OR PLEA OF GUILTY WAS MADE OR ENTERED KNOWINGLY,  VOLUNTARILY,
 WITHOUT DURESS AND WITH THE INTENT TO PREVENT THE INVESTIGATION OR PROS-
 ECUTION:  (I)  OF  THE  CLAIMANT  FOR  A CRIME UNRELATED TO THE CRIME OR
 CRIMES THAT WERE THE SUBJECT OF SUCH CONFESSION, ADMISSION  OR  PLEA  OF
 GUILTY;  OR (II) OF ANOTHER PERSON WHO THE CLAIMANT, AT THE TIME OF SUCH
 CONFESSION, ADMISSION OR PLEA, BELIEVED TO BE  THE  PERPETRATOR  OF  THE
 CRIME  OR  CRIMES THAT WERE THE SUBJECT OF SUCH CONFESSION, ADMISSION OR
 PLEA.
   § 5. Subdivision 7 of section 8-b  of  the  court  of  claims  act  is
 REPEALED.
   § 6. Subdivision 6 of section 8-b of the court of claims act, as added
 by chapter 1009 of the laws of 1984, is amended to read as follows:
   6.  If the court finds that the claimant is entitled to a judgment, it
 shall award damages in such sum of money as the  court  determines  will
 fairly  and reasonably compensate him OR HER, AS WELL AS ANY BENEFITS TO
 WHICH THE CLAIMANT IS ENTITLED UNDER THIS SECTION.
   § 7. Section 8-b of the court of claims act is amended by adding eight
 new subdivisions 7, 8, 9, 10, 11, 12, 13, and 14 to read as follows:
   7. ANY EXONEREE SHALL BE ENTITLED TO HAVE ALL RECORDS OF  HIS  OR  HER
 CONVICTION  SEALED  PURSUANT TO SECTION 160.50 OF THE CRIMINAL PROCEDURE
 LAW.
   8. NO BENEFITS PAID PURSUANT TO THIS ARTICLE SHALL BE CONSIDERED GROSS
 INCOME AS DEFINED IN SECTION SIX HUNDRED TWELVE  OF  THE  TAX  LAW,  NOR
 SHALL THEY BE TAXABLE BY ANY ENTITY.
   9.  NO  BENEFITS PAID PURSUANT TO THIS ARTICLE SHALL BE REDUCED BY ANY
 AMOUNT TO COMPENSATE THE STATE FOR THE COSTS OF INCARCERATING THE  EXON-
 EREE.
   10. EXONEREES SHALL BE ENROLLED IN THE HEALTH BENEFIT PLAN ESTABLISHED
 PURSUANT  TO SECTION ONE HUNDRED SIXTY-ONE OF THE CIVIL SERVICE LAW, THE
 SUPPLEMENTARY HEALTH BENEFIT PLAN ESTABLISHED PURSUANT  TO  SECTION  ONE
 HUNDRED SIXTY-THREE-A OF THE CIVIL SERVICE LAW, AND THE DENTAL INSURANCE
 PLAN  ESTABLISHED  PURSUANT  TO  SECTION  ONE HUNDRED SIXTY OF THE CIVIL
 SERVICE LAW. THE FULL COST OF PREMIUM OR SUBSCRIPTION CHARGES  FOR  SUCH
 COVERAGE SHALL BE PAID BY THE STATE.
   11.  THE  EXONEREE  SHALL  BE  ENTITLED  TO REASONABLE ATTORNEY'S FEES
 INCURRED IN THE PROCESS OF VACATING OR REVERSING  THE  JUDGMENT  AGAINST
 HIM  OR  HER. THE EXONEREE SHALL PETITION THE COURT OF CLAIMS IN SEEKING

 S. 53                               3
 
 REASONABLE ATTORNEY'S FEES AS AGAINST THE STATE. ANY AWARD OF ATTORNEY'S
 FEES SHALL BE REIMBURSABLE BY THE STATE.
   12.  AN EXONEREE WHO ENROLLS AT ANY INSTITUTION OF THE CITY UNIVERSITY
 OF NEW YORK OR ANY INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK SHALL
 BE ELIGIBLE FOR A TUITION AWARD  IN  AN  AMOUNT  EQUAL  TO  THE  TUITION
 CHARGED AT SUCH INSTITUTION, THE MANDATORY FEES CHARGED AT SUCH INSTITU-
 TION  AND  THE  NON-TUITION  COST  OF  ATTENDANCE AT SUCH INSTITUTION OR
 COLLEGE, PROVIDED THAT THE SCHOLARSHIP SHALL NOT EXCEED AN  AMOUNT  THAT
 IS EQUAL TO THE TOTAL COST OF ATTENDANCE DETERMINED FOR FEDERAL TITLE IV
 STUDENT FINANCIAL AID PURPOSES.
   13.  ANY AND ALL BENEFITS MADE AVAILABLE TO PAROLEES THROUGH THE DIVI-
 SION OF PAROLE SHALL ALSO BE MADE AVAILABLE TO  EXONEREES.    ANY  STATE
 CONTRACT  WITH  A  SERVICE  PROVIDER FOR PAROLLEES MUST ALSO REQUIRE THE
 SERVICE PROVIDER TO ALSO SERVE EXONEREES.
   14. NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT AN EXONEREE FROM
 PURSUING FURTHER CIVIL LAWSUITS AGAINST ANY STATE AGENCIES OR  EMPLOYEES
 FOR ANY REASON, INCLUDING IN CONNECTION WITH THE WRONGFUL CONVICTION.
   § 8. Subdivision 1 of section 156 of the public housing law is amended
 by adding a new paragraph c to read as follows:
   C. ALSO FOR ANY EXONEREE AS DEFINED IN SECTION EIGHT-C OF THE COURT OF
 CLAIMS  ACT.  ANY BENEFITS DUE TO SUCH EXONEREE SHALL NOT BE INCLUDED IN
 THE CALCULATION OF PROBABLE AGGREGATE INCOME USED TO DETERMINE ELIGIBIL-
 ITY FOR THESE DWELLINGS. EXONEREES SHALL BE ASSIGNED THE  HIGHEST  NEED-
 BASED PRIORITY FOR PLACEMENT IN A DWELLING UNIT.
   §  9.  Subdivision 4 of section 404 of the correction law, as added by
 chapter 548 of the laws of 2014, is amended to read as follows:
   4. Every inmate who has received mental health treatment  pursuant  to
 this  article  within three years of his or her anticipated release date
 from a state correctional facility AND EVERY  EXONEREE,  AS  DEFINED  IN
 SECTION  EIGHT-C  OF  THE  COURT  OF  CLAIMS ACT, shall be provided with
 mental health discharge planning and,  when  necessary,  an  appointment
 with  a  mental  health  professional in the community who can prescribe
 medications following discharge and sufficient mental health medications
 and prescriptions to bridge the period between discharge and  such  time
 as  such  mental  health  professional  may  assume care of the patient.
 Inmates who have refused mental health treatment may  also  be  provided
 mental  health  discharge  planning and any necessary appointment with a
 mental health professional.
   § 10. Subdivision 2 of section  163  of  the  civil  service  law,  as
 amended  by  section  4  of part T of chapter 56 of the laws of 2010, is
 amended to read as follows:
   2. The contract or contracts shall provide  for  health  benefits  for
 retired employees of the state and of the state colleges of agriculture,
 home  economics, industrial labor relations and veterinary medicine, the
 state agricultural experiment station at Geneva, and any other  institu-
 tion or agency under the management and control of Cornell university as
 the  representative  of the board of trustees of the state university of
 New York, and the state college of ceramics  under  the  management  and
 control of Alfred university as the representative of the board of trus-
 tees  of the state university of New York, and their spouses and depend-
 ent children as defined by the regulations of the president, AND EXONER-
 EES AS DEFINED IN SECTION EIGHT-C OF THE COURT OF CLAIMS  ACT,  on  such
 terms  as  the  president  may  deem  appropriate, and the president may
 authorize the inclusion in the plan of the employees and retired employ-
 ees  of  public  authorities,  public   benefit   corporations,   school
 districts,  special  districts,  district corporations, municipal corpo-

 S. 53                               4
 
 rations excluding active  employees  and  retired  employees  of  cities
 having  a  population  of  one million or more inhabitants whose compen-
 sation is or was before retirement paid out of  the  city  treasury,  or
 other  appropriate  agencies, subdivisions or quasi-public organizations
 of the state, including active members of volunteer fire  and  volunteer
 ambulance  companies serving one or more municipal corporations pursuant
 to subdivision seven of section ninety-two-a of  the  general  municipal
 law,  and  their  spouses and dependent children as defined by the regu-
 lations of the president. Any  such  corporation,  district,  agency  or
 organization  electing  to  participate in the plan shall be required to
 pay its proportionate share of the expenses  of  administration  of  the
 plan  in  such  amounts and at such times as determined and fixed by the
 president. All amounts payable for such expenses of administration shall
 be paid to the commissioner of taxation and finance and shall be applied
 to the reimbursement of funds previously  advanced  for  such  purposes.
 Neither the state nor any other participant in the plan shall be charged
 with  the  particular  experience  attributable  to the employees of the
 participant, and all dividends or  retroactive  rate  credits  shall  be
 distributed  pro-rata based upon the number of employees of such partic-
 ipant covered by the plan.
   § 11. This act shall take effect immediately.

2017-S53A - Details

See Assembly Version of this Bill:: A3894
Current Committee:: Senate Judiciary
Law Section:: Court of Claims Act
Laws Affected:: Amd §8-b, rpld §8-b sub 7, Ct Claims Act; amd §156, Pub Hous L; amd §404, Cor L; amd §163, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7054, A9575
2019-2020: S2914, A1003
2021-2022: S477, A34
2023-2024: S2558, A4867

2017-S53A - Summary

Relates to the availability of certain benefits and entitlements to exonerees.

2017-S53A - Sponsor Memo

                                
 
BILL NUMBER: S53A

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the court of claims act, the public
housing law, the correction law, and the civil service law, in relation
to the availability of certain benefits to exonerees; and to repeal
certain provisions of the court of claims act relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will ensure exonerees are entitled to the same re-entry
services as other formerly incarcerated persons, as well as additional
benefits intended to ameliorate their wrongful conviction

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Court of Claims Act to add a new section that
defines "exoneree."

Section 2 updates the language in subdivision 5 of section 8-b of the
Court of Claims Act to ensure it applies to women.

Section 3 amends subsection 5 of section 8-b to ensure that an exoneree
needs only be cleared of charges they were convicted of to qualify for
benefits.

Section 4 amends section 8-b- of the Court of Claims Act to allow for
exonerees who were convicted based on a false confession to qualify for
benefits.

Section 5 repeals subdivision 7 of section 8-b of the Court of Claims
Act.

Section 6 amends section 8-b of the Court of Claims Act to clarify that
the benefits detailed in this legislation will be made available upon
the finding for the claimant by the court.

Section 7 adds subsections 7-14 to the Court of Claims Act, which will
seal the conviction records of exonerees, specify that the benefits are
not taxable and shall not be reduced to compensate for the costs of
their incarceration, establish exoneree eligibility for health and
dental insurance benefits, allow for the repayment of reasonable attor-
ney's fees incurred in the exoneration process, establish exoneree
eligibility for tuition benefits, establish exoneree eligibility for all
benefits made available to parolees, and protect exonerees' right to sue
for damages.

Section 8 adds paragraph c to subdivision 1 of section 156 of the Public
Housing Law which prevents any exoneree benefits from being used to
calculate income for public housing eligibility, and ensures that exon-
erees will be given the highest need-based priority for placement in
public housing units.

Section 9 amends subdivision 4 of section 404 of the correction law
which includes exonerees in the class of inmates that is entitled to
mental health discharge planning and other mental health treatment.

Section 10 amends subdivision 2 of section 163 of the civil service law
to provide for the provision of health insurance to exonerees.
Section 11 sets the effective date.

 
JUSTIFICATION:

Exonerees, those who have been wrongfully convicted, suffer enormous
damage through no fault of their own. It is the State's responsibility
to do everything possible to correct those wrongs.  While New York's
current policy is better than many other states, it still leaves much of
the burden of re-entry on individual exonerees and their families. This
bill will shift much of this burden back onto the state, rather than on
the exonerees.

Exonerees have a broad variety of needs stemming from their time in
prison. Because prisoners suffer from poor physical and mental health,
it is critical that exonerees are immediately able to access health and
mental health care. Job training and education benefits are also essen-
tial to ensure exonerees are able to get and hold jobs after their
incarceration. Housing is also a serious concern for many exonerees,
since they have often have no income or credit history that would allow
them to rent an apartment on their own.

Some exonerees are able to depend on family or friends as they begin to
rebuild their lives, but many exonerees don't have those resources.
Every person who has been wrongly convicted should have all the support
they need to start fresh.

 
PRIOR LEGISLATIVE HISTORY:

S.7054-A of 2016 (Hoylman): Died in Judiciary
A.9575-A of 2016 (Quart): Died in Ways & Means

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediately

2017-S53A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   53--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the court of claims act, the  public  housing  law,  the
   correction  law,  and the civil service law, in relation to the avail-
   ability of certain  benefits  to  exonerees;  and  to  repeal  certain
   provisions of the court of claims act relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The court of claims act is amended by adding a new  section
 8-c to read as follows:
   §  8-C.  DEFINITIONS. WHEN USED IN THIS ACT, UNLESS OTHERWISE REQUIRED
 BY THE CONTEXT, OR UNLESS A CONTRARY INTENT IS EXPRESSLY DECLARED IN THE
 PROVISION TO BE CONSTRUED, THE TERM "EXONEREE" SHALL MEAN ANY PERSON WHO
 HAS BEEN GRANTED A JUDGMENT IN A CLAIM FOR UNJUST CONVICTION AND  IMPRI-
 SONMENT UNDER SECTION EIGHT-B OF THIS ACT.
   §  2.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision 5 of
 section 8-b of the court of claims act, as added by chapter 1009 of  the
 laws of 1984, are amended to read as follows:
   (i)  he  OR  SHE has been pardoned upon the ground of innocence of the
 crime or crimes for which he OR SHE was  sentenced  and  which  are  the
 grounds for the complaint; or (ii) his OR HER judgment of conviction was
 reversed  or  vacated,  and the accusatory instrument dismissed or, if a
 new trial was ordered, either he OR SHE was found not guilty at the  new
 trial  or  he  OR  SHE  was  not  retried  and the accusatory instrument
 dismissed; provided that the judgement of  conviction  was  reversed  or
 vacated,  and  the  accusatory  instrument  was dismissed, on any of the
 following grounds: (A) [paragraph (a), (b), (c), (e) or (g) of] subdivi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05909-03-8

 S. 53--A                            2
 
 sion one of section 440.10 of the criminal procedure law; or (B)  subdi-
 vision  [one  (where  based upon grounds set forth in item (A) hereof),]
 two, three (where the count dismissed was the sole basis for the  impri-
 sonment  complained of) or five of section 470.20 of the criminal proce-
 dure law; or (C) comparable provisions of the former  code  of  criminal
 procedure or subsequent law; or (D) the statute, or application thereof,
 on  which  the accusatory instrument was based violated the constitution
 of the United States or the state of New York; and
   § 3. Paragraph (c) of subdivision 5 of section 8-b  of  the  court  of
 claims  act, as added by chapter 1009 of the laws of 1984, is amended to
 read as follows:
   (c) he OR SHE did not commit any of the acts [charged in the accusato-
 ry instrument] FOR WHICH HE OR SHE WAS CONVICTED or his OR HER  acts  or
 omissions  charged  in  the  accusatory  instrument did not constitute a
 felony or misdemeanor against the state; and
   § 4. Paragraph (d) of subdivision 5 of section 8-b  of  the  court  of
 claims  act, as added by chapter 1009 of the laws of 1984, is amended to
 read as follows:
   (d) he OR SHE did not by his OR HER own [conduct] MISCONDUCT cause  or
 bring  about his OR HER conviction.  FOR PURPOSES OF THIS SUBDIVISION, A
 CONFESSION, ADMISSION OR PLEA OF GUILTY MADE OR ENTERED BY THE  CLAIMANT
 MAY  NOT  BE  CONSIDERED  EVIDENCE OF MISCONDUCT UNLESS SUCH CONFESSION,
 ADMISSION OR PLEA OF GUILTY WAS MADE OR ENTERED KNOWINGLY,  VOLUNTARILY,
 WITHOUT DURESS AND WITH THE INTENT TO PREVENT THE INVESTIGATION OR PROS-
 ECUTION:  (I)  OF  THE  CLAIMANT  FOR  A CRIME UNRELATED TO THE CRIME OR
 CRIMES THAT WERE THE SUBJECT OF SUCH CONFESSION, ADMISSION  OR  PLEA  OF
 GUILTY;  OR (II) OF ANOTHER PERSON WHO THE CLAIMANT, AT THE TIME OF SUCH
 CONFESSION, ADMISSION OR PLEA, BELIEVED TO BE  THE  PERPETRATOR  OF  THE
 CRIME  OR  CRIMES THAT WERE THE SUBJECT OF SUCH CONFESSION, ADMISSION OR
 PLEA.
   § 5. Subdivision 7 of section 8-b  of  the  court  of  claims  act  is
 REPEALED.
   § 6. Subdivision 6 of section 8-b of the court of claims act, as added
 by chapter 1009 of the laws of 1984, is amended to read as follows:
   6.  If the court finds that the claimant is entitled to a judgment, it
 shall award damages in such sum of money as the  court  determines  will
 fairly  and reasonably compensate him OR HER, AS WELL AS ANY BENEFITS TO
 WHICH THE CLAIMANT IS ENTITLED UNDER THIS SECTION.
   § 7. Section 8-b of the court of claims act is amended by adding eight
 new subdivisions 7, 8, 9, 10, 11, 12, 13, and 14 to read as follows:
   7. ANY EXONEREE SHALL BE ENTITLED TO HAVE ALL RECORDS OF  HIS  OR  HER
 CONVICTION  SEALED  PURSUANT TO SECTION 160.50 OF THE CRIMINAL PROCEDURE
 LAW.
   8. NO BENEFITS PAID PURSUANT TO THIS ARTICLE SHALL BE CONSIDERED GROSS
 INCOME AS DEFINED IN SECTION SIX HUNDRED TWELVE  OF  THE  TAX  LAW,  NOR
 SHALL THEY BE TAXABLE BY ANY ENTITY.
   9.  NO  BENEFITS PAID PURSUANT TO THIS ARTICLE SHALL BE REDUCED BY ANY
 AMOUNT TO COMPENSATE THE STATE FOR THE COSTS OF INCARCERATING THE  EXON-
 EREE.
   10. EXONEREES SHALL BE ENROLLED IN THE HEALTH BENEFIT PLAN ESTABLISHED
 PURSUANT  TO SECTION ONE HUNDRED SIXTY-ONE OF THE CIVIL SERVICE LAW, THE
 SUPPLEMENTARY HEALTH BENEFIT PLAN ESTABLISHED PURSUANT  TO  SECTION  ONE
 HUNDRED SIXTY-THREE-A OF THE CIVIL SERVICE LAW, AND THE DENTAL INSURANCE
 PLAN  ESTABLISHED  PURSUANT  TO  SECTION  ONE HUNDRED SIXTY OF THE CIVIL
 SERVICE LAW. THE FULL COST OF PREMIUM OR SUBSCRIPTION CHARGES  FOR  SUCH
 COVERAGE SHALL BE PAID BY THE STATE.

 S. 53--A                            3
 
   11.  THE  EXONEREE  SHALL  BE  ENTITLED  TO REASONABLE ATTORNEY'S FEES
 INCURRED IN THE PROCESS OF VACATING OR REVERSING  THE  JUDGMENT  AGAINST
 HIM  OR  HER. THE EXONEREE SHALL PETITION THE COURT OF CLAIMS IN SEEKING
 REASONABLE ATTORNEY'S FEES AS AGAINST THE STATE. ANY AWARD OF ATTORNEY'S
 FEES SHALL BE REIMBURSABLE BY THE STATE.
   12.  AN EXONEREE WHO ENROLLS AT ANY INSTITUTION OF THE CITY UNIVERSITY
 OF NEW YORK OR ANY INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK SHALL
 BE ELIGIBLE FOR A TUITION AWARD  IN  AN  AMOUNT  EQUAL  TO  THE  TUITION
 CHARGED AT SUCH INSTITUTION, THE MANDATORY FEES CHARGED AT SUCH INSTITU-
 TION  AND  THE  NON-TUITION  COST  OF  ATTENDANCE AT SUCH INSTITUTION OR
 COLLEGE, PROVIDED THAT THE SCHOLARSHIP SHALL NOT EXCEED AN  AMOUNT  THAT
 IS EQUAL TO THE TOTAL COST OF ATTENDANCE DETERMINED FOR FEDERAL TITLE IV
 STUDENT FINANCIAL AID PURPOSES.
   13.  ANY AND ALL BENEFITS MADE AVAILABLE TO PAROLEES THROUGH THE DIVI-
 SION OF PAROLE SHALL ALSO BE MADE AVAILABLE TO  EXONEREES.    ANY  STATE
 CONTRACT  WITH  A  SERVICE  PROVIDER  FOR PAROLEES MUST ALSO REQUIRE THE
 SERVICE PROVIDER TO ALSO SERVE EXONEREES.
   14. NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT AN EXONEREE FROM
 PURSUING FURTHER CIVIL LAWSUITS AGAINST ANY STATE AGENCIES OR  EMPLOYEES
 FOR ANY REASON, INCLUDING IN CONNECTION WITH THE WRONGFUL CONVICTION.
   § 8. Subdivision 1 of section 156 of the public housing law is amended
 by adding a new paragraph c to read as follows:
   C. ALSO FOR ANY EXONEREE AS DEFINED IN SECTION EIGHT-C OF THE COURT OF
 CLAIMS  ACT.  ANY BENEFITS DUE TO SUCH EXONEREE SHALL NOT BE INCLUDED IN
 THE CALCULATION OF PROBABLE AGGREGATE INCOME USED TO DETERMINE ELIGIBIL-
 ITY FOR THESE DWELLINGS. EXONEREES SHALL BE ASSIGNED THE  HIGHEST  NEED-
 BASED PRIORITY FOR PLACEMENT IN A DWELLING UNIT.
   §  9.  Subdivision 4 of section 404 of the correction law, as added by
 chapter 548 of the laws of 2014, is amended to read as follows:
   4. Every inmate who has received mental health treatment  pursuant  to
 this  article  within three years of his or her anticipated release date
 from a state correctional facility AND EVERY  EXONEREE,  AS  DEFINED  IN
 SECTION  EIGHT-C  OF  THE  COURT  OF  CLAIMS ACT, shall be provided with
 mental health discharge planning and,  when  necessary,  an  appointment
 with  a  mental  health  professional in the community who can prescribe
 medications following discharge and sufficient mental health medications
 and prescriptions to bridge the period between discharge and  such  time
 as  such  mental  health  professional  may  assume care of the patient.
 Inmates who have refused mental health treatment may  also  be  provided
 mental  health  discharge  planning and any necessary appointment with a
 mental health professional.
   § 10. Subdivision 2 of section  163  of  the  civil  service  law,  as
 amended  by  section  4  of part T of chapter 56 of the laws of 2010, is
 amended to read as follows:
   2. The contract or contracts shall provide  for  health  benefits  for
 retired employees of the state and of the state colleges of agriculture,
 home  economics, industrial labor relations and veterinary medicine, the
 state agricultural experiment station at Geneva, and any other  institu-
 tion or agency under the management and control of Cornell university as
 the  representative  of the board of trustees of the state university of
 New York, and the state college of ceramics  under  the  management  and
 control of Alfred university as the representative of the board of trus-
 tees  of the state university of New York, and their spouses and depend-
 ent children as defined by the regulations of the president, AND EXONER-
 EES AS DEFINED IN SECTION EIGHT-C OF THE COURT OF CLAIMS  ACT,  on  such
 terms  as  the  president  may  deem  appropriate, and the president may

 S. 53--A                            4
 
 authorize the inclusion in the plan of the employees and retired employ-
 ees  of  public  authorities,  public   benefit   corporations,   school
 districts,  special  districts,  district corporations, municipal corpo-
 rations  excluding  active  employees  and  retired  employees of cities
 having a population of one million or  more  inhabitants  whose  compen-
 sation  is  or  was  before retirement paid out of the city treasury, or
 other appropriate agencies, subdivisions or  quasi-public  organizations
 of  the  state, including active members of volunteer fire and volunteer
 ambulance companies serving one or more municipal corporations  pursuant
 to  subdivision  seven  of section ninety-two-a of the general municipal
 law, and their spouses and dependent children as defined  by  the  regu-
 lations  of  the  president.  Any  such corporation, district, agency or
 organization electing to participate in the plan shall  be  required  to
 pay  its  proportionate  share  of the expenses of administration of the
 plan in such amounts and at such times as determined and  fixed  by  the
 president. All amounts payable for such expenses of administration shall
 be paid to the commissioner of taxation and finance and shall be applied
 to  the  reimbursement  of  funds previously advanced for such purposes.
 Neither the state nor any other participant in the plan shall be charged
 with the particular experience attributable  to  the  employees  of  the
 participant,  and  all  dividends  or  retroactive rate credits shall be
 distributed pro-rata based upon the number of employees of such  partic-
 ipant covered by the plan.
   § 11. This act shall take effect immediately.

2017-S53B (ACTIVE) - Details

See Assembly Version of this Bill:: A3894
Current Committee:: Senate Judiciary
Law Section:: Court of Claims Act
Laws Affected:: Amd §8-b, rpld §8-b sub 7, Ct Claims Act; amd §156, Pub Hous L; amd §404, Cor L; amd §163, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7054, A9575
2019-2020: S2914, A1003
2021-2022: S477, A34
2023-2024: S2558, A4867

2017-S53B (ACTIVE) - Summary

Relates to the availability of certain benefits and entitlements to exonerees.

2017-S53B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S53B

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the court of claims act, the public
housing law, the correction law, and the civil service law, in relation
to the availability of certain benefits to exonerees; and to repeal
certain provisions of the court of claims act relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will ensure exonerees are entitled to the same re-entry
services as other formerly incarcerated persons, as well as additional
benefits intended to ameliorate their wrongful conviction

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Court of Claims Act to add a new section that
defines "exoneree."

Section 2 updates the language in subdivision 5 of section 8-b of the
Court of Claims Act to ensure it applies to women.

Section 3 amends subsection 5 of section 8-b to ensure that an exoneree
needs only be cleared of charges they were convicted of to qualify for
benefits.

Section 4 amends section 8-b- of the Court of Claims Act to allow for
exonerees who were convicted based on a false confession to qualify for
benefits.

Section 5 repeals subdivision 7 of section 8-b of the Court of Claims
Act.

Section 6 amends section 8-b of the Court of Claims Act to clarify that
the benefits detailed in this legislation will be made available upon
the finding for the claimant by the court.

Section 7 adds subsections 7-14 to the Court of Claims Act, which will
seal the conviction records of exonerees, specify that the benefits are
not taxable and shall not be reduced to compensate for the costs of
their incarceration, establish exoneree eligibility for health and
dental insurance benefits, allow for the repayment of reasonable attor-
ney's fees incurred in the exoneration process, establish exoneree
eligibility for tuition benefits, establish exoneree eligibility for all
benefits made available to parolees, and protect exonerees' right to sue
for damages.

Section 8 adds paragraph c to subdivision 1 of section 156 of the Public
Housing Law which prevents any exoneree benefits from being used to
calculate income for public housing eligibility, and ensures that exon-
erees will be given the highest need-based priority for placement in
public housing units.

Section 9 amends subdivision 4 of section 404 of the correction law
which includes exonerees in the class of inmates that is entitled to
mental health discharge planning and other mental health treatment.

Section 10 amends subdivision 2 of section 163 of the civil service law
to provide for the provision of health insurance to exonerees.
Section 11 sets the effective date.

 
JUSTIFICATION:

Exonerees, those who have been wrongfully convicted, suffer enormous
damage through no fault of their own. It is the State's responsibility
to do everything possible to correct those wrongs.  While New York's
current policy is better than many other states, it still leaves much of
the burden of re-entry on individual exonerees and their families. This
bill will shift much of this burden back onto the state, rather than on
the exonerees.

Exonerees have a broad variety of needs stemming from their time in
prison. Because prisoners suffer from poor physical and mental health,
it is critical that exonerees are immediately able to access health and
mental health care. Job training and education benefits are also essen-
tial to ensure exonerees are able to get and hold jobs after their
incarceration. Housing is also a serious concern for many exonerees,
since they have often have no income or credit history that would allow
them to rent an apartment on their own.

Some exonerees are able to depend on family or friends as they begin to
rebuild their lives, but many exonerees don't have those resources.
Every person who has been wrongly convicted should have all the support
they need to start fresh.

 
PRIOR LEGISLATIVE HISTORY:

S.7054-A of 2016 (Hoylman): Died in Judiciary
A.9575-A of 2016 (Quart): Died in Ways & Means

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediately

2017-S53B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   53--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted  to  said  committee  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the court of claims act, the  public  housing  law,  the
   correction  law,  and the civil service law, in relation to the avail-
   ability of certain  benefits  to  exonerees;  and  to  repeal  certain
   provisions of the court of claims act relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 8-b of the court of claims act is amended by adding
 a new subdivision 1-a to read as follows:
   1-A. WHEN USED IN THIS  SECTION,  UNLESS  OTHERWISE  REQUIRED  BY  THE
 CONTEXT,  OR  UNLESS  A  CONTRARY  INTENT  IS  EXPRESSLY DECLARED IN THE
 PROVISION TO BE CONSTRUED, THE TERM "EXONEREE" SHALL MEAN ANY PERSON WHO
 HAS BEEN GRANTED A JUDGMENT IN A CLAIM FOR UNJUST CONVICTION AND  IMPRI-
 SONMENT UNDER THIS SECTION.
   §  2.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision 5 of
 section 8-b of the court of claims act, as added by chapter 1009 of  the
 laws of 1984, are amended to read as follows:
   (i)  he  OR  SHE has been pardoned upon the ground of innocence of the
 crime or crimes for which he OR SHE was  sentenced  and  which  are  the
 grounds for the complaint; or (ii) his OR HER judgment of conviction was
 reversed  or  vacated,  and the accusatory instrument dismissed or, if a
 new trial was ordered, either he OR SHE was found not guilty at the  new
 trial  or  he  OR  SHE  was  not  retried  and the accusatory instrument
 dismissed; provided that the judgement of  conviction  was  reversed  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05909-05-8

 S. 53--B                            2
 
 vacated,  and  the  accusatory  instrument  was dismissed, on any of the
 following grounds: (A) [paragraph (a), (b), (c), (e) or (g) of] subdivi-
 sion one of section 440.10 of the criminal procedure law; or (B)  subdi-
 vision  [one  (where  based upon grounds set forth in item (A) hereof),]
 two, three (where the count dismissed was the sole basis for the  impri-
 sonment  complained of) or five of section 470.20 of the criminal proce-
 dure law; or (C) comparable provisions of the former  code  of  criminal
 procedure or subsequent law; or (D) the statute, or application thereof,
 on  which  the accusatory instrument was based violated the constitution
 of the United States or the state of New York; and
   § 3. Paragraph (c) of subdivision 5 of section 8-b  of  the  court  of
 claims  act, as added by chapter 1009 of the laws of 1984, is amended to
 read as follows:
   (c) he OR SHE did not commit any of the acts [charged in the accusato-
 ry instrument] FOR WHICH HE OR SHE WAS CONVICTED or his OR HER  acts  or
 omissions  charged  in  the  accusatory  instrument did not constitute a
 felony or misdemeanor against the state; and
   § 4. Paragraph (d) of subdivision 5 of section 8-b  of  the  court  of
 claims  act, as added by chapter 1009 of the laws of 1984, is amended to
 read as follows:
   (d) he OR SHE did not by his OR HER own [conduct] MISCONDUCT cause  or
 bring  about his OR HER conviction.  FOR PURPOSES OF THIS SUBDIVISION, A
 CONFESSION, ADMISSION OR PLEA OF GUILTY MADE OR ENTERED BY THE  CLAIMANT
 MAY  NOT  BE  CONSIDERED  EVIDENCE OF MISCONDUCT UNLESS SUCH CONFESSION,
 ADMISSION OR PLEA OF GUILTY WAS MADE OR ENTERED KNOWINGLY,  VOLUNTARILY,
 WITHOUT DURESS AND WITH THE INTENT TO PREVENT THE INVESTIGATION OR PROS-
 ECUTION:  (I)  OF  THE  CLAIMANT  FOR  A CRIME UNRELATED TO THE CRIME OR
 CRIMES THAT WERE THE SUBJECT OF SUCH CONFESSION, ADMISSION  OR  PLEA  OF
 GUILTY;  OR (II) OF ANOTHER PERSON WHO THE CLAIMANT, AT THE TIME OF SUCH
 CONFESSION, ADMISSION OR PLEA, BELIEVED TO BE  THE  PERPETRATOR  OF  THE
 CRIME  OR  CRIMES THAT WERE THE SUBJECT OF SUCH CONFESSION, ADMISSION OR
 PLEA.
   § 5. Subdivision 7 of section 8-b  of  the  court  of  claims  act  is
 REPEALED.
   § 6. Subdivision 6 of section 8-b of the court of claims act, as added
 by chapter 1009 of the laws of 1984, is amended to read as follows:
   6.  If the court finds that the claimant is entitled to a judgment, it
 shall award damages in such sum of money as the  court  determines  will
 fairly  and reasonably compensate him OR HER, AS WELL AS ANY BENEFITS TO
 WHICH THE CLAIMANT IS ENTITLED UNDER THIS SECTION.
   § 7. Section 8-b of the court of claims act is amended by  adding  ten
 new  subdivisions  7,  8,  9,  10, 11, 12, 13, 14, 15, and 16 to read as
 follows:
   7. ANY EXONEREE SHALL BE ENTITLED TO HAVE ALL RECORDS OF  HIS  OR  HER
 CONVICTION  SEALED  PURSUANT TO SECTION 160.50 OF THE CRIMINAL PROCEDURE
 LAW.
   8. NO BENEFITS PAID PURSUANT TO THIS ARTICLE SHALL BE CONSIDERED GROSS
 INCOME AS DEFINED IN SECTION SIX HUNDRED TWELVE  OF  THE  TAX  LAW,  NOR
 SHALL THEY BE TAXABLE BY ANY ENTITY.
   9.  NO  BENEFITS PAID PURSUANT TO THIS ARTICLE SHALL BE REDUCED BY ANY
 AMOUNT TO COMPENSATE THE STATE FOR THE COSTS OF INCARCERATING THE  EXON-
 EREE.
   10.  A  PERSON  WHO PROPERLY PRESENTS A CLAIM PURSUANT TO SUBDIVISIONS
 THREE AND FOUR OF THIS SECTION SHALL BE ENTITLED TO RECEIVE A PAYMENT OF
 TEN THOUSAND DOLLARS PER MONTH FROM THE STATE FOR EACH MONTH BETWEEN THE
 TIME A CLAIM IS FILED AND THE  FINAL  JUDGEMENT  IS  RECORDED,  PROVIDED

 S. 53--B                            3
 
 HOWEVER  THAT  ON MOTION OF THE ATTORNEY GENERAL THE COURT MAY STAY SUCH
 PAYMENT ON THE GROUNDS THAT SUCH CLAIM IS FRIVOLOUS, THAT  THE  CLAIMANT
 IS  UNLIKELY  TO  PREVAIL  ON THE MERITS, OR THAT THE PERIOD OF WRONGFUL
 INCARCERATION  WAS SO SHORT THAT SIGNIFICANT DAMAGES AND BENEFITS SHOULD
 NOT BE AWARDED.
   11. AN EXONEREE FOUND BY THE COURT TO HAVE SERVED A PERIOD OF WRONGFUL
 INCARCERATION OF MORE THAN ONE YEAR OR TO HAVE  EXPERIENCED  SIGNIFICANT
 HARDSHIP RESULTING FROM SUCH INCARCERATION SHALL BE ORDERED BY THE COURT
 TO  BE  ENROLLED  IN  THE  HEALTH  BENEFIT  PLAN ESTABLISHED PURSUANT TO
 SECTION ONE HUNDRED SIXTY-ONE OF THE CIVIL SERVICE LAW, THE SUPPLEMENTA-
 RY HEALTH BENEFIT PLAN  ESTABLISHED  PURSUANT  TO  SECTION  ONE  HUNDRED
 SIXTY-THREE-A  OF  THE  CIVIL SERVICE LAW, AND THE DENTAL INSURANCE PLAN
 ESTABLISHED PURSUANT TO SECTION ONE HUNDRED SIXTY OF THE  CIVIL  SERVICE
 LAW.  THE FULL COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH COVERAGE
 SHALL BE PAID BY THE STATE.
   12. THE EXONEREE SHALL  BE  ENTITLED  TO  REASONABLE  ATTORNEY'S  FEES
 INCURRED  IN  THE  PROCESS OF VACATING OR REVERSING THE JUDGMENT AGAINST
 HIM OR HER. THE EXONEREE SHALL PETITION THE COURT OF CLAIMS  IN  SEEKING
 REASONABLE ATTORNEY'S FEES AS AGAINST THE STATE. ANY AWARD OF ATTORNEY'S
 FEES SHALL BE REIMBURSABLE BY THE STATE.
   13.  AN EXONEREE WHO ENROLLS AT ANY INSTITUTION OF THE CITY UNIVERSITY
 OF NEW YORK OR ANY INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK SHALL
 BE ELIGIBLE FOR A TUITION AWARD  IN  AN  AMOUNT  EQUAL  TO  THE  TUITION
 CHARGED AT SUCH INSTITUTION, THE MANDATORY FEES CHARGED AT SUCH INSTITU-
 TION  AND  THE  NON-TUITION  COST  OF  ATTENDANCE AT SUCH INSTITUTION OR
 COLLEGE, PROVIDED THAT THE SCHOLARSHIP SHALL NOT EXCEED AN  AMOUNT  THAT
 IS EQUAL TO THE TOTAL COST OF ATTENDANCE DETERMINED FOR FEDERAL TITLE IV
 STUDENT FINANCIAL AID PURPOSES.
   14.  ANY AND ALL BENEFITS MADE AVAILABLE TO PAROLEES THROUGH THE DIVI-
 SION OF PAROLE SHALL ALSO BE MADE AVAILABLE TO  EXONEREES.    ANY  STATE
 CONTRACT  WITH  A  SERVICE  PROVIDER  FOR PAROLEES MUST ALSO REQUIRE THE
 SERVICE PROVIDER TO ALSO SERVE EXONEREES.
   15. NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT AN EXONEREE FROM
 PURSUING FURTHER CIVIL LAWSUITS AGAINST ANY STATE AGENCIES OR  EMPLOYEES
 FOR ANY REASON, INCLUDING IN CONNECTION WITH THE WRONGFUL CONVICTION.
   16. (A) ANY PERSON CLAIMING COMPENSATION AND ADDITIONAL BENEFITS UNDER
 THIS  SECTION  BASED ON A PARDON THAT WAS GRANTED ON OR AFTER THE EFFEC-
 TIVE DATE OF THIS SUBDIVISION OR THE DISMISSAL OF AN ACCUSATORY  INSTRU-
 MENT  THAT  OCCURRED  ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION
 SHALL FILE HIS OR HER CLAIM WITHIN  THREE  YEARS  AFTER  THE  PARDON  OR
 DISMISSAL.
   (B) ANY PERSON WHO OBTAINED A JUDGMENT UNDER THIS SECTION PRIOR TO THE
 EFFECTIVE DATE MAY FILE FOR ADDITIONAL BENEFITS UNDER THIS SECTION WITH-
 IN TWO YEARS AFTER SUCH EFFECTIVE DATE.
   § 8. Subdivision 1 of section 156 of the public housing law is amended
 by adding a new paragraph c to read as follows:
   C.  ALSO  FOR  ANY EXONEREE AS DEFINED IN SUBDIVISION ONE-A OF SECTION
 EIGHT-B OF THE COURT OF CLAIMS ACT. ANY BENEFITS DUE  TO  SUCH  EXONEREE
 SHALL  NOT  BE  INCLUDED IN THE CALCULATION OF PROBABLE AGGREGATE INCOME
 USED TO DETERMINE ELIGIBILITY FOR THESE DWELLINGS.  EXONEREES  SHALL  BE
 ASSIGNED  THE  HIGHEST  NEED-BASED  PRIORITY FOR PLACEMENT IN A DWELLING
 UNIT.
   § 9. Subdivision 4 of section 404 of the correction law, as  added  by
 chapter 548 of the laws of 2014, is amended to read as follows:
   4.  Every  inmate who has received mental health treatment pursuant to
 this article within three years of his or her anticipated  release  date

 S. 53--B                            4
 
 from  a  state  correctional  facility AND EVERY EXONEREE, AS DEFINED IN
 SUBDIVISION ONE-A OF SECTION EIGHT-B OF THE COURT OF CLAIMS  ACT,  shall
 be  provided  with mental health discharge planning and, when necessary,
 an  appointment  with  a mental health professional in the community who
 can prescribe medications  following  discharge  and  sufficient  mental
 health  medications  and  prescriptions  to  bridge  the  period between
 discharge and such time as such mental health  professional  may  assume
 care  of  the  patient. Inmates who have refused mental health treatment
 may also be provided mental health discharge planning and any  necessary
 appointment with a mental health professional.
   §  10.  Subdivision  2  of  section  163  of the civil service law, as
 amended by section 4 of part T of chapter 56 of the  laws  of  2010,  is
 amended to read as follows:
   2.  The  contract  or  contracts shall provide for health benefits for
 retired employees of the state and of the state colleges of agriculture,
 home economics, industrial labor relations and veterinary medicine,  the
 state  agricultural experiment station at Geneva, and any other institu-
 tion or agency under the management and control of Cornell university as
 the representative of the board of trustees of the state  university  of
 New  York,  and  the  state college of ceramics under the management and
 control of Alfred university as the representative of the board of trus-
 tees of the state university of New York, and their spouses and  depend-
 ent children as defined by the regulations of the president, AND EXONER-
 EES  AS  DEFINED IN SUBDIVISION ONE-A OF SECTION EIGHT-B OF THE COURT OF
 CLAIMS ACT, on such terms as the president may deem appropriate, and the
 president may authorize the inclusion in the plan of the  employees  and
 retired  employees  of  public authorities, public benefit corporations,
 school districts, special districts,  district  corporations,  municipal
 corporations  excluding active employees and retired employees of cities
 having a population of one million or  more  inhabitants  whose  compen-
 sation  is  or  was  before retirement paid out of the city treasury, or
 other appropriate agencies, subdivisions or  quasi-public  organizations
 of  the  state, including active members of volunteer fire and volunteer
 ambulance companies serving one or more municipal corporations  pursuant
 to  subdivision  seven  of section ninety-two-a of the general municipal
 law, and their spouses and dependent children as defined  by  the  regu-
 lations  of  the  president.  Any  such corporation, district, agency or
 organization electing to participate in the plan shall  be  required  to
 pay  its  proportionate  share  of the expenses of administration of the
 plan in such amounts and at such times as determined and  fixed  by  the
 president. All amounts payable for such expenses of administration shall
 be paid to the commissioner of taxation and finance and shall be applied
 to  the  reimbursement  of  funds previously advanced for such purposes.
 Neither the state nor any other participant in the plan shall be charged
 with the particular experience attributable  to  the  employees  of  the
 participant,  and  all  dividends  or  retroactive rate credits shall be
 distributed pro-rata based upon the number of employees of such  partic-
 ipant covered by the plan.
   §  11. This act shall take effect immediately and, except as otherwise
 expressly provided in this  act,  shall  apply  to  convictions  entered
 before, on or after such effective date.

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Senate Bill S53B

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

2017-S53 - Details

2017-S53 - Summary

2017-S53 - Sponsor Memo

2017-S53 - Bill Text download pdf

2017-S53A - Details

2017-S53A - Summary

2017-S53A - Sponsor Memo

2017-S53A - Bill Text download pdf

2017-S53B (ACTIVE) - Details

2017-S53B (ACTIVE) - Summary

2017-S53B (ACTIVE) - Sponsor Memo

2017-S53B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S53B

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

2017-S53 - Details

2017-S53 - Summary

2017-S53 - Sponsor Memo

2017-S53 - Bill Text download pdf

2017-S53A - Details

2017-S53A - Summary

2017-S53A - Sponsor Memo

2017-S53A - Bill Text download pdf

2017-S53B (ACTIVE) - Details

2017-S53B (ACTIVE) - Summary

2017-S53B (ACTIVE) - Sponsor Memo

2017-S53B (ACTIVE) - Bill Text download pdf

Comments