S T A T E O F N E W Y O R K
________________________________________________________________________
830--B
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sens. COMRIE, MYRIE, BAILEY, BENJAMIN, BIAGGI, BRESLIN,
BRISPORT, BROUK, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON,
KAVANAGH, KRUEGER, LIU, MAY, MAYER, PARKER, PERSAUD, RAMOS, RIVERA,
SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Elections -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged and
said bill committed to the Committee on Crime Victims, Crime and
Correction -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the election law, the criminal procedure law, the execu-
tive law, and the correction law, in relation to voting by formerly
incarcerated individuals convicted of a felony; and to repeal certain
provisions of the election law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 5-106 of the election law, as
amended by chapter 373 of the laws of 1978, is amended to read as
follows:
2. No person who has been convicted of a felony AND SENTENCED TO A
PERIOD OF IMPRISONMENT FOR SUCH FELONY pursuant to the laws of this
state, shall have the right to register for or vote at any election
[unless he shall have been pardoned or restored to the rights of citi-
zenship by the governor, or his maximum sentence of imprisonment has
expired, or he has been discharged from parole. The governor, however,
may attach as a condition to any such pardon a provision that any such
person shall not have the right of suffrage until it shall have been
separately restored to him] WHILE HE OR SHE IS INCARCERATED FOR SUCH
FELONY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05828-08-1
S. 830--B 2
§ 2. Subdivision 3 of section 5-106 of the election law is amended to
read as follows:
3. No person who has been convicted in a federal court, of a felony,
or a crime or offense which would constitute a felony under the laws of
this state, AND SENTENCED TO A PERIOD OF IMPRISONMENT FOR SUCH FELONY,
shall have the right to register for or vote at any election [unless he
shall have been pardoned or restored to the rights of citizenship by the
president of the United States, or his maximum sentence of imprisonment
has expired, or he has been discharged from parole] WHILE HE OR SHE IS
INCARCERATED FOR SUCH FELONY.
§ 3. Subdivision 4 of section 5-106 of the election law is amended to
read as follows:
4. No person who has been convicted in another state for a crime or
offense which would constitute a felony under the laws of this state AND
SENTENCED TO A PERIOD OF IMPRISONMENT FOR SUCH FELONY, shall have the
right to register for or vote at any election in this state [unless he
shall have been pardoned or restored to the rights of citizenship by the
governor or other appropriate authority of such other state, or his
maximum sentence has expired, or he has been discharged from parole]
WHILE HE OR SHE IS INCARCERATED FOR SUCH FELONY.
§ 4. Subdivision 5 of section 8-504 of the election law is REPEALED
and subdivisions 6, 7, and 8, subdivisions 7 and 8 as renumbered by
chapter 373 of the laws of 1978, are renumbered subdivisions 5, 6, and
7.
§ 5. Section 220.50 of the criminal procedure law is amended by adding
a new subdivision 8 to read as follows:
8. PRIOR TO ACCEPTING A DEFENDANT'S PLEA OF GUILTY TO A COUNT OR
COUNTS OF AN INDICTMENT OR A SUPERIOR COURT INFORMATION CHARGING A FELO-
NY OFFENSE, THE COURT MUST ADVISE THE DEFENDANT ON THE RECORD THAT
CONVICTION WILL RESULT IN LOSS OF THE RIGHT TO VOTE WHILE THE DEFENDANT
IS SERVING A FELONY SENTENCE IN A CORRECTIONAL FACILITY AND THAT THE
RIGHT TO VOTE WILL BE RESTORED UPON THE DEFENDANT'S RELEASE.
§ 6. Subparagraph (i) of paragraph (a) of subdivision 2 of section
259-i of the executive law, as amended by section 38-f-1 of subpart A of
part C of chapter 62 of the laws of 2011, is amended to read as follows:
(i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which an inmate may be paroled
pursuant to subdivision one of section 70.40 of the penal law, a member
or members as determined by the rules of the board shall personally
interview such inmate and determine whether he OR SHE should be paroled
in accordance with the guidelines adopted pursuant to subdivision four
of section two hundred fifty-nine-c of this article. If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such denial
of parole. Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the procedures to be
followed upon reconsideration shall be the same. If the inmate is
released, he OR SHE shall be given a copy of the conditions of parole.
Such conditions shall where appropriate, include a requirement that the
parolee comply with any restitution order, mandatory surcharge, sex
offender registration fee and DNA databank fee previously imposed by a
court of competent jurisdiction that applies to the parolee. The condi-
tions shall indicate which restitution collection agency established
under subdivision eight of section 420.10 of the criminal procedure law,
shall be responsible for collection of restitution, mandatory surcharge,
S. 830--B 3
sex offender registration fees and DNA databank fees as provided for in
section 60.35 of the penal law and section eighteen hundred nine of the
vehicle and traffic law. IF THE INMATE IS RELEASED, HE OR SHE SHALL
ALSO BE NOTIFIED IN WRITING THAT HIS OR HER VOTING RIGHTS WILL BE
RESTORED UPON RELEASE.
§ 7. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by section 38-f-2 of subpart A of part C of chapter 62
of the laws of 2011, is amended to read as follows:
(a) At least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court or board, a member or
members as determined by the rules of the board shall personally inter-
view an inmate serving an indeterminate sentence and determine whether
he OR SHE should be paroled at the expiration of the minimum period or
periods in accordance with the procedures adopted pursuant to subdivi-
sion four of section two hundred fifty-nine-c. If parole is not granted
upon such review, the inmate shall be informed in writing within two
weeks of such appearance of the factors and reasons for such denial of
parole. Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the procedures to be
followed upon reconsideration shall be the same. If the inmate is
released, he OR SHE shall be given a copy of the conditions of parole.
Such conditions shall where appropriate, include a requirement that the
parolee comply with any restitution order and mandatory surcharge previ-
ously imposed by a court of competent jurisdiction that applies to the
parolee. The conditions shall indicate which restitution collection
agency established under subdivision eight of section 420.10 of the
criminal procedure law, shall be responsible for collection of restitu-
tion and mandatory surcharge as provided for in section 60.35 of the
penal law and section eighteen hundred nine of the vehicle and traffic
law. IF THE INMATE IS RELEASED, HE OR SHE SHALL ALSO BE NOTIFIED IN
WRITING THAT HIS OR HER VOTING RIGHTS WILL BE RESTORED UPON RELEASE.
§ 8. Subparagraph (xi) of paragraph (f) of subdivision 3 of section
259-i of the executive law, as amended by section 11 of part E of chap-
ter 62 of the laws of 2003, is amended to read as follows:
(xi) If the presiding officer sustains any violations, he OR SHE must
prepare a written statement, to be made available to the alleged viola-
tor and his OR HER counsel, indicating the evidence relied upon and the
reasons for revoking presumptive release, parole, conditional release or
post-release supervision, and for the disposition made. THE PRESIDING
OFFICER SHALL ALSO ADVISE THE ALLEGED VIOLATOR IN A WRITTEN STATEMENT
THAT REVOCATION WILL RESULT IN LOSS OF THE RIGHT TO VOTE WHILE HE OR SHE
IS SERVING THE REMAINDER OF HIS OR HER FELONY SENTENCE IN A CORRECTIONAL
FACILITY AND THAT THE RIGHT TO VOTE WILL BE RESTORED UPON HIS OR HER
RELEASE.
§ 9. Section 75 of the correction law, as amended by section 18 of
subpart A of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 75. Notice of voting rights. [Upon] PRIOR TO the [discharge] RELEASE
from a correctional facility of any person [whose maximum sentence of
imprisonment has expired or upon a person's discharge from community
supervision,] the department shall notify such person [of his or her
right to vote] VERBALLY AND IN WRITING, THAT HIS OR HER VOTING RIGHTS
WILL BE RESTORED UPON RELEASE and provide such person with a form of
application for voter registration [together with] AND A DECLINATION
FORM, OFFER SUCH PERSON ASSISTANCE IN FILLING OUT THE APPROPRIATE FORM,
S. 830--B 4
AND PROVIDE SUCH PERSON written information distributed by the board of
elections on the importance and the mechanics of voting. UPON RELEASE,
SUCH PERSON MAY CHOOSE TO EITHER SUBMIT HIS OR HER COMPLETED APPLICATION
TO THE STATE BOARD OR COUNTY BOARD WHERE SUCH PERSON RESIDES OR HAVE THE
DEPARTMENT TRANSMIT IT ON HIS OR HER BEHALF. WHERE SUCH PERSON CHOOSES
TO HAVE THE DEPARTMENT TRANSMIT THE APPLICATION, THE DEPARTMENT SHALL
TRANSMIT THE COMPLETED APPLICATION UPON SUCH PERSON'S RELEASE TO THE
STATE BOARD OR COUNTY BOARD WHERE SUCH PERSON RESIDES.
§ 10. The correction law is amended by adding a new section 510 to
read as follows:
§ 510. VOTING UPON RELEASE. PRIOR TO THE RELEASE FROM A LOCAL CORREC-
TIONAL FACILITY OF ANY PERSON CONVICTED OF A FELONY THE CHIEF ADMINIS-
TRATIVE OFFICER SHALL NOTIFY SUCH PERSON VERBALLY AND IN WRITING THAT
HIS OR HER VOTING RIGHTS WILL BE RESTORED UPON RELEASE AND PROVIDE SUCH
PERSON WITH A FORM OF APPLICATION FOR VOTER REGISTRATION AND A DECLINA-
TION FORM, OFFER SUCH PERSON ASSISTANCE IN FILLING OUT THE APPROPRIATE
FORM, AND PROVIDE SUCH PERSON WRITTEN INFORMATION DISTRIBUTED BY THE
BOARD OF ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF VOTING. UPON
RELEASE, SUCH PERSON MAY CHOOSE TO EITHER SUBMIT HIS OR HER COMPLETED
APPLICATION TO THE STATE BOARD OR COUNTY BOARD WHERE SUCH PERSON RESIDES
OR HAVE THE DEPARTMENT TRANSMIT IT ON HIS OR HER BEHALF. WHERE SUCH
PERSON CHOOSES TO HAVE THE DEPARTMENT TRANSMIT THE APPLICATION, THE
CHIEF ADMINISTRATIVE OFFICER SHALL TRANSMIT THE COMPLETED APPLICATION
UPON SUCH PERSON'S RELEASE TO THE STATE BOARD OR COUNTY BOARD WHERE SUCH
PERSON RESIDES.
§ 11. The correction law is amended by adding a new section 209 to
read as follows:
§ 209. NOTICE OF VOTING RIGHTS. THE DEPARTMENT SHALL NOTIFY EACH
PERSON SERVING A PERIOD OF COMMUNITY SUPERVISION VERBALLY AND IN WRITING
OF HIS OR HER RIGHT TO VOTE AND PROVIDE SUCH PERSON WITH A FORM OF
APPLICATION FOR VOTER REGISTRATION AND A DECLINATION FORM, OFFER SUCH
PERSON ASSISTANCE IN FILLING OUT THE APPROPRIATE FORM, AND PROVIDE SUCH
PERSON WRITTEN INFORMATION DISTRIBUTED BY THE BOARD OF ELECTIONS ON THE
IMPORTANCE AND THE MECHANICS OF VOTING. SUCH PERSON MAY CHOOSE TO EITHER
SUBMIT HIS OR HER COMPLETED APPLICATION TO THE STATE BOARD OR COUNTY
BOARD WHERE SUCH PERSON RESIDES OR HAVE THE DEPARTMENT TRANSMIT IT ON
HIS OR HER BEHALF. WHERE SUCH PERSON CHOOSES TO HAVE THE DEPARTMENT
TRANSMIT THE APPLICATION, THE DEPARTMENT SHALL TRANSMIT THE COMPLETED
APPLICATION TO THE STATE BOARD OR COUNTY BOARD WHERE SUCH PERSON
RESIDES.
§ 12. Section 3-102 of the election law is amended by adding a new
subdivision 16-b to read as follows:
16-B. DEVELOP AND IMPLEMENT A PROGRAM TO EDUCATE ATTORNEYS, JUDGES,
ELECTION OFFICIALS, CORRECTIONS OFFICIALS, INCLUDING PAROLE AND
PROBATION OFFICERS, AND MEMBERS OF THE PUBLIC REGARDING THE REQUIREMENTS
OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE WHICH ADDED THIS
SUBDIVISION.
§ 13. This act shall take effect immediately, provided, however, that
sections five, six, eight, nine, ten, eleven and twelve of this act
shall take effect on the one hundred twentieth day after it shall have
become a law; provided further, however, that the amendments to para-
graph (a) of subdivision 2 of section 259-i of the executive law made by
section six of this act shall be subject to the expiration and reversion
of such paragraph pursuant to subdivision d of section 74 of chapter 3
of the laws of 1995, as amended, when upon such date the provisions of
section seven of this act shall take effect.
