NY State Senate Bill 2025-S3872

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2025	referred to judiciary

2025-S3872 (ACTIVE) - Details

See Assembly Version of this Bill:: A3634
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
2019-2020: S2914, A1003
2021-2022: S477, A34
2023-2024: S2558, A4867

2025-S3872 (ACTIVE) - Summary

Relates to claims for unjust conviction and imprisonment and the availability of certain benefits and entitlements to exonerees; allows for sealing of records, payment of awards and payment of attorney's fees; repeals certain provisions relating thereto.

2025-S3872 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3872

SPONSOR: HOYLMAN-SIGAL
 
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 exoner-
ee  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
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.2558 of 2023-2024 (Hoylman-Sigal): Died in Judiciary

A.4867 of 2023-2024 (Kelles): Died in Ways and Means

S.0477-A of 2021-2022 (Hoylman): Died in Finance

A.0034-A of 2021-2022 (Quart): Died in Judiciary

S.2914 of 2019-2020 (Hoylman): Died in Judiciary

A.1003 of 2019-2020 (Quart): Died in Judiciary

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

2025-S3872 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3872
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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  has] THEY HAVE been pardoned upon the ground of innocence of
 the crime or crimes for which [he was] THEY WERE sentenced and which are
 the  grounds  for  the  complaint;  or  (ii)  [his]  THEIR  judgment  of
 conviction  was  reversed  or  vacated,  and  the  accusatory instrument
 dismissed or, if a new trial was ordered,  either  [he  was]  THEY  WERE
 found  not guilty at the new trial or [he was] THEY WERE 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] subdivision one of section 440.10 of the criminal
 procedure law; or (B) subdivision [one (where  based  upon  grounds  set
 forth  in  item  (A) hereof),] two, three (where the count dismissed was
 the sole basis for the imprisonment complained of) or  five  of  section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01726-01-5

 S. 3872                             2
 
 470.20  of  the  criminal procedure 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] THEY did not commit any of the acts [charged in the accusato-
 ry  instrument]  FOR  WHICH  THEY  WERE CONVICTED or [his] THEIR 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] THEY did not by [his] THEIR own [conduct] MISCONDUCT cause or
 bring about [his] THEIR 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] THEM, 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 8, 9, 10, 11, 12, 13, 14, 15, 16  and  17  to  read  as
 follows:
   8.  ANY  EXONEREE  SHALL  BE  ENTITLED  TO  HAVE  ALL RECORDS OF THEIR
 CONVICTION SEALED PURSUANT TO SECTION 160.50 OF THE  CRIMINAL  PROCEDURE
 LAW.
   9. 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.
   10. 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.
   11. 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
 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. 3872                             3
 
   12. 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.
   13.  THE  EXONEREE  SHALL  BE  ENTITLED  TO REASONABLE ATTORNEY'S FEES
 INCURRED IN THE PROCESS OF VACATING OR REVERSING  THE  JUDGMENT  AGAINST
 THEM. THE EXONEREE SHALL PETITION THE COURT OF CLAIMS IN SEEKING REASON-
 ABLE  ATTORNEY'S FEES AS AGAINST THE STATE. ANY AWARD OF ATTORNEY'S FEES
 SHALL BE REIMBURSABLE BY THE STATE.
   14. 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.
   15. 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.
   16. 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.
   17. (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 THEIR 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 THEIR 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 THEIR CLAIM
 DID NOT SATISFY CLAUSE (A) OR (B) OF SUBPARAGRAPH (II) OF PARAGRAPH  (B)
 OF  SUBDIVISION FIVE OF THIS SECTION AND IS BARRED BY THE EXISTING STAT-
 UTE OF LIMITATIONS, MAY FILE THEIR 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
 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.
 S. 3872                             4
 
   § 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] THEIR
 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 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 professional.
   § 10. Subdivision 2 of section  163  of  the  civil  service  law,  as
 amended  by  section  6  of part S of chapter 57 of the laws of 2023, 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. Notwithstanding any law or regulation  to  the
 contrary, active members of volunteer ambulance companies serving one or
 more  municipal  corporations  pursuant  to subdivision seven of section
 ninety-two-a of the general municipal law shall be eligible  for  health
 benefits  regardless of the amount of funds derived from public sources.
 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
 S. 3872                             5
 
 retroactive rate credits shall be distributed pro-rata  based  upon  the
 number of employees of such participant 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 S3872

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2025-S3872 (ACTIVE) - Details

2025-S3872 (ACTIVE) - Summary

2025-S3872 (ACTIVE) - Sponsor Memo

2025-S3872 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3872

Share this bill

Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Judiciary Committee

2025-S3872 (ACTIVE) - Details

2025-S3872 (ACTIVE) - Summary

2025-S3872 (ACTIVE) - Sponsor Memo

2025-S3872 (ACTIVE) - Bill Text download pdf

Comments