NY State Senate Bill 2019-S2914

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Jan 30, 2019	referred to judiciary

2019-S2914 (ACTIVE) - Details

See Assembly Version of this Bill:: A1003
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
2017-2018: S53, A3894
2021-2022: S477, A34
2023-2024: S2558, A4867

2019-S2914 (ACTIVE) - Summary

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

2019-S2914 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2914

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 availabil-
ity 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 ten new subsections 7-16 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, protect exonerees' right to sue for
damages, allow exonerees to pursue further civil lawsuits, and establish
windows for filing claims and filing for benefits under this section.

Section 8 adds a new paragraph c to subdivision 1 of section 156 of the
Public Housing Law which would prevent 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 place-
ment 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.0053-B of 2017-2018 (Hoylman): Died in Judiciary
A.3894-B of 2017-2018 (Quart): Died in Codes
S.7054-A of 2016 (Hoylman): Died in Judiciary
A.9575-A of 2016 (Quart): Died in Ways & Means

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately

2019-S2914 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2914
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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. 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01146-01-9

 S. 2914                             2
 
 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
 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.

 S. 2914                             3
 
   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
 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

 S. 2914                             4
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2914

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2019-S2914 (ACTIVE) - Details

2019-S2914 (ACTIVE) - Summary

2019-S2914 (ACTIVE) - Sponsor Memo

2019-S2914 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2914

Share this bill

Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2019-S2914 (ACTIVE) - Details

2019-S2914 (ACTIVE) - Summary

2019-S2914 (ACTIVE) - Sponsor Memo

2019-S2914 (ACTIVE) - Bill Text download pdf

Comments