S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  477--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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. 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01369-02-2
 S. 477--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  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  JUDGMENT  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
 S. 477--A                           3
 
 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.
   (C) ANY PERSON WHOSE CLAIM WAS DISMISSED PRIOR TO THE  EFFECTIVE  DATE
 OF THIS SECTION ON THE GROUNDS THAT THE CLAIM DID NOT SATISFY CLAUSE (A)
 OR (B) OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS
 SECTION  MAY REFILE HIS OR HER CLAIM UNDER THIS SECTION WITHIN TWO YEARS
 AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (D) ANY PERSON WHO DID NOT PREVIOUSLY FILE A CLAIM BECAUSE HIS OR  HER
 CLAIM  DID  NOT  SATISFY CLAUSE (A) OR (B) OF SUBPARAGRAPH (II) OF PARA-
 GRAPH (B) OF SUBDIVISION FIVE OF THIS  SECTION  AND  IS  BARRED  BY  THE
 EXISTING  STATUTE  OF  LIMITATIONS, MAY FILE HIS OR HER CLAIM UNDER THIS
 SECTION WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 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
 S. 477--A                           4
 
 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 amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   4. Every incarcerated individual who has received mental health treat-
 ment  pursuant  to  this article within three years of his or her antic-
 ipated release date from a state correctional facility AND EVERY EXONER-
 EE, 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  suffi-
 cient  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. Incarcerated individuals who have refused
 mental health treatment may also be  provided  mental  health  discharge
 planning  and  any  necessary  appointment  with a mental health profes-
 sional.
   § 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
 S. 477--A                           5
 
 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.