BILL NUMBER: S1213
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 curtails unlawful discriminatory practices against people with
criminal records and helps ensure that employers abide by the provisions
of Article 23-A of the correction law.
 
SUMMARY OF PROVISIONS:
Among other things, the bill amends the correction law to revise the
definition of "direct relationship" to require a "substantial
connection" between the nature of the crime and the duties or responsi-
bilities related to the job or license. Such a connection must create an
unreasonable risk to property, public safety, or to the safety of
specific individuals. The bill also makes conforming changes to the
corrections Law.
 
JUSTIFICATION:
Upon returning to the community, formerly incarcerated 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, curbing recidivism rates, and curbing the high costs of
re-incarceration. Unfortunately, many employers maintain blanket barri-
ers 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. The law currently defines a
"direct relationship" as requiring an examination of the "direct bear-
ing" the criminal conduct has on the fitness to perform the job or get
the license. This bill will help to ensure that employers abide by the
standards of Article 23-A and do not automatically disqualify applicants
based solely on a criminal conviction.
 
LEGISLATIVE HISTORY:
2019-20: Committed to Rules
2021-22: Referred to Crime Victims, Crime and Correction
2023-24: Committed to Rules
 
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 taxpayers to the state's workforce; additional savings to
the state will be gained from a reduction in costs associated with reci-
divism, re-incarceration and social services.
 
LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Ninety days after becoming a law.

Statutes affected:
S1213: 750 correction law, 750(3) correction law, 752 correction law