BILL NUMBER: S1278
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the correction law, in relation to the definition of
"direct relationship" for the purposes of article 23-A of the correction
law regarding the licensure and employment of persons previously
convicted of one or more criminal offenses
 
PURPOSE:
This bill will curtail unlawful discriminatory practices against persons
with criminal records and help to ensure that employers abide by the
provisions of Article 23-A of the correction law.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the correction law to revise the definition
of "direct relationship" and to establish that a denial of employment or
a license based on a criminal record, must be based on the connection
between the specific duties or responsibilities of the job or license
and the nature of the criminal conviction. Such connection must create
an unreasonable risk to property or public safety.
Section 2 of the bill makes conforming changes to the corrections Law.
Section 3 of the bill provides that the act shall take effect on the
ninetieth day after it shall have become law.
 
JUSTIFICATION:
Upon return to the community following incarceration, individuals are
expected to find and maintain gainful employment. Finding effective ways
to manage their reentry into the workforce is critical to promoting
public safety and curbing recidivism rates and the high costs of re-in-
carceration. Unfortunately, many employers maintain blanket barriers to
employment based solely on criminal conviction records even when the
conviction may be completely unrelated to the job sought and no threat
to the public or property is present.
Article 23-A of the correction law prohibits discrimination against a
person with a criminal record unless the duties or responsibilities of
the job or license sought are directly related to the conviction. This
bill will help to ensure that employers abide by the standards of Arti-
cle 23A and do not automatically disqualify applicants based only on a
criminal conviction.
 
LEGISLATIVE HISTORY:
2019-20: S.2196 - Committed to Rules
2021-22: S.3361 - Referred to Crime Victims, Crime and Correction
 
FISCAL IMPLICATIONS:
Successful re-entry and re-integration of formerly incarcerated individ-
uals will increase state revenues through the inclusion of thousands of
able-bodied, 'taxpaying citizens' to the state's workforce; additional
savings to the state will be gained from a reduction in costs associated
with recidivism, re-incarceration and social services.
 
LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act will take effect on the ninetieth day after it shall have
become law.

Statutes affected:
S1278: 750 correction law, 750(3) correction law, 752 correction law