S07054 Summary:

BILL NOS07054A
 
SAME ASSAME AS A09575-A
 
SPONSORHOYLMAN
 
COSPNSRPERKINS
 
MLTSPNSR
 
Add 8-c, 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
 
Relates to the availability of certain benefits and entitlements to exonerees.
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S07054 Actions:

BILL NOS07054A
 
03/21/2016REFERRED TO JUDICIARY
06/02/2016AMEND AND RECOMMIT TO JUDICIARY
06/02/2016PRINT NUMBER 7054A
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S07054 Memo:

Memo not available
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S07054 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7054--A
 
                    IN SENATE
 
                                     March 21, 2016
                                       ___________
 
        Introduced  by Sens. HOYLMAN, PERKINS -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Judiciary  --
          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:
 
     1    Section 1. The court of claims act is amended by adding a new  section
     2  8-c to read as follows:
     3    §  8-c.  Definitions. When used in this act, unless otherwise required
     4  by the context, or unless a contrary intent is expressly declared in the
     5  provision to be construed, the term "exoneree" shall mean any person who
     6  has been granted a judgment in a claim for unjust conviction and  impri-
     7  sonment under section eight-b of this act.
     8    §  2.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision 5 of
     9  section 8-b of the court of claims act, as added by chapter 1009 of  the
    10  laws of 1984, is amended to read as follows:
    11    (i)  he  or  she has been pardoned upon the ground of innocence of the
    12  crime or crimes for which he or she was  sentenced  and  which  are  the
    13  grounds for the complaint; or (ii) his or her judgment of conviction was
    14  reversed  or  vacated,  and the accusatory instrument dismissed or, if a
    15  new trial was ordered, either he or she was found not guilty at the  new
    16  trial  or  he  or  she  was  not  retried  and the accusatory instrument
    17  dismissed; provided that the judgement of  conviction  was  reversed  or
    18  vacated,  and  the  accusatory  instrument  was dismissed, on any of the
    19  following grounds: (A) [paragraph (a), (b), (c), (e) or (g) of] subdivi-
    20  sion one of section 440.10 of the criminal procedure law; or (B)  subdi-
    21  vision  [one  (where  based upon grounds set forth in item (A) hereof),]
    22  two, three (where the count dismissed was the sole basis for the  impri-
    23  sonment  complained of) or five of section 470.20 of the criminal proce-
    24  dure law; or (C) comparable provisions of the former  code  of  criminal
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13688-03-6

        S. 7054--A                          2
 
     1  procedure or subsequent law; or (D) the statute, or application thereof,
     2  on  which  the accusatory instrument was based violated the constitution
     3  of the United States or the state of New York; and
     4    §  3.  Paragraph  (c)  of subdivision 5 of section 8-b of the court of
     5  claims act, as added by chapter 1009 of the laws of 1984, is amended  to
     6  read as follows:
     7    (c) he or she did not commit any of the acts [charged in the accusato-
     8  ry  instrument]  for which he or she was convicted or his or her acts or
     9  omissions charged in the accusatory  instrument  did  not  constitute  a
    10  felony or misdemeanor against the state; and
    11    §  4.  Paragraph  (d)  of subdivision 5 of section 8-b of the court of
    12  claims act, as added by chapter 1009 of the laws of 1984, is amended  to
    13  read as follows:
    14    (d)  he or she did not by his or her own [conduct] misconduct cause or
    15  bring about his or her conviction.  For purposes of this subdivision,  a
    16  confession,  admission or plea of guilty made or entered by the claimant
    17  may not be considered evidence of  misconduct  unless  such  confession,
    18  admission  or plea of guilty was made or entered knowingly, voluntarily,
    19  without duress and with the intent to prevent the investigation or pros-
    20  ecution: (i) of the claimant for a  crime  unrelated  to  the  crime  or
    21  crimes  that  were  the subject of such confession, admission or plea of
    22  guilty; or (ii) of another person who the claimant, at the time of  such
    23  confession,  admission  or  plea,  believed to be the perpetrator of the
    24  crime or crimes that were the subject of such confession,  admission  or
    25  plea.
    26    §  5.  Subdivision  7  of  section  8-b  of the court of claims act is
    27  REPEALED.
    28    § 6. Subdivision 6 of section 8-b of the court of claims act, as added
    29  by chapter 1009 of the laws of 1984, is amended to read as follows:
    30    6. If the court finds that the claimant is entitled to a judgment,  it
    31  shall  award  damages  in such sum of money as the court determines will
    32  fairly and reasonably compensate him or her, as well as any benefits  to
    33  which the claimant is entitled under this section.
    34    § 7. Section 8-b of the court of claims act is amended by adding eight
    35  new subdivisions 7, 8, 9, 10, 11, 12, 13, and 14 to read as follows:
    36    7.  Any  exoneree  shall be entitled to have all records of his or her
    37  conviction sealed pursuant to section 160.50 of the  criminal  procedure
    38  law.
    39    8. No benefits paid pursuant to this article shall be considered gross
    40  income  as  defined  in  section  six hundred twelve of the tax law, nor
    41  shall they be taxable by any entity.
    42    9. No benefits paid pursuant to this article shall be reduced  by  any
    43  amount  to compensate the state for the costs of incarcerating the exon-
    44  eree.
    45    10. Exonerees shall be enrolled in the health benefit plan established
    46  pursuant to section one hundred sixty-one of the civil service law,  the
    47  supplementary  health  benefit  plan established pursuant to section one
    48  hundred sixty-three-a of the civil service law, and the dental insurance
    49  plan established pursuant to section one  hundred  sixty  of  the  civil
    50  service  law.  The full cost of premium or subscription charges for such
    51  coverage shall be paid by the state.
    52    11. The exoneree shall  be  entitled  to  reasonable  attorney's  fees
    53  incurred  in  the  process of vacating or reversing the judgment against
    54  him or her. The exoneree shall petition the court of claims  in  seeking
    55  reasonable attorney's fees as against the state. Any award of attorney's
    56  fees shall be reimbursable by the state.

        S. 7054--A                          3
 
     1    12.  An exoneree who enrolls at any institution of the city university
     2  of New York or any institution of the state university of New York shall
     3  be eligible for a tuition award  in  an  amount  equal  to  the  tuition
     4  charged at such institution, the mandatory fees charged at such institu-
     5  tion  and  the  non-tuition  cost  of  attendance at such institution or
     6  college, provided that the scholarship shall not exceed an  amount  that
     7  is equal to the total cost of attendance determined for federal Title IV
     8  student financial aid purposes.
     9    13.  Any and all benefits made available to parolees through the divi-
    10  sion of parole shall also be made available to  exonerees.    Any  state
    11  contract  with  a  service  provider for parollees must also require the
    12  service provider to also serve exonerees.
    13    14. Nothing in this act shall be construed to prevent an exoneree from
    14  pursuing further civil lawsuits against any state agencies or  employees
    15  for any reason, including in connection with the wrongful conviction.
    16    § 8. Subdivision 1 of section 156 of the public housing law is amended
    17  by adding a new paragraph c to read as follows:
    18    c. also for any exoneree as defined in section eight-c of the court of
    19  claims  act.  Any benefits due to such exoneree shall not be included in
    20  the calculation of probable aggregate income used to determine eligibil-
    21  ity for these dwellings. Exonerees shall be assigned the  highest  need-
    22  based priority for placement in a dwelling unit.
    23    §  9.  Subdivision 4 of section 404 of the correction law, as added by
    24  chapter 548 of the laws of 2014, is amended to read as follows:
    25    4. Every inmate who has received mental health treatment  pursuant  to
    26  this  article  within three years of his or her anticipated release date
    27  from a state correctional facility and every  exoneree,  as  defined  in
    28  section  eight-c  of  the  court  of  claims act, shall be provided with
    29  mental health discharge planning and,  when  necessary,  an  appointment
    30  with  a  mental  health  professional in the community who can prescribe
    31  medications following discharge and sufficient mental health medications
    32  and prescriptions to bridge the period between discharge and  such  time
    33  as  such  mental  health  professional  may  assume care of the patient.
    34  Inmates who have refused mental health treatment may  also  be  provided
    35  mental  health  discharge  planning and any necessary appointment with a
    36  mental health professional.
    37    § 10. Subdivision 2 of section  163  of  the  civil  service  law,  as
    38  amended  by  section  4  of part T of chapter 56 of the laws of 2010, is
    39  amended to read as follows:
    40    2. The contract or contracts shall provide  for  health  benefits  for
    41  retired employees of the state and of the state colleges of agriculture,
    42  home  economics, industrial labor relations and veterinary medicine, the
    43  state agricultural experiment station at Geneva, and any other  institu-
    44  tion or agency under the management and control of Cornell university as
    45  the  representative  of the board of trustees of the state university of
    46  New York, and the state college of ceramics  under  the  management  and
    47  control of Alfred university as the representative of the board of trus-
    48  tees  of the state university of New York, and their spouses and depend-
    49  ent children as defined by the regulations of the president, and exoner-
    50  ees as defined in section eight-c of the court of claims  act,  on  such
    51  terms  as  the  president  may  deem  appropriate, and the president may
    52  authorize the inclusion in the plan of the employees and retired employ-
    53  ees  of  public  authorities,  public   benefit   corporations,   school
    54  districts,  special  districts,  district corporations, municipal corpo-
    55  rations excluding active  employees  and  retired  employees  of  cities
    56  having  a  population  of  one million or more inhabitants whose compen-

        S. 7054--A                          4
 
     1  sation is or was before retirement paid out of  the  city  treasury,  or
     2  other  appropriate  agencies, subdivisions or quasi-public organizations
     3  of the state, including active members of volunteer fire  and  volunteer
     4  ambulance  companies serving one or more municipal corporations pursuant
     5  to subdivision seven of section ninety-two-a of  the  general  municipal
     6  law,  and  their  spouses and dependent children as defined by the regu-
     7  lations of the president. Any  such  corporation,  district,  agency  or
     8  organization  electing  to  participate in the plan shall be required to
     9  pay its proportionate share of the expenses  of  administration  of  the
    10  plan  in  such  amounts and at such times as determined and fixed by the
    11  president. All amounts payable for such expenses of administration shall
    12  be paid to the commissioner of taxation and finance and shall be applied
    13  to the reimbursement of funds previously  advanced  for  such  purposes.
    14  Neither the state nor any other participant in the plan shall be charged
    15  with  the  particular  experience  attributable  to the employees of the
    16  participant, and all dividends or  retroactive  rate  credits  shall  be
    17  distributed  pro-rata based upon the number of employees of such partic-
    18  ipant covered by the plan.
    19    § 11. This act shall take effect immediately.
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