BILL NUMBER: S3795
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the correction law and the executive law, in relation to
prohibiting colleges from asking about an applicant's prior arrests or
convictions during the pre-admissions process
 
PURPOSE:
To make the aspirations of Brown v. Board of Education a reality for
people with past criminal justice involvement and to benefit New York
State's economy. This will be accomplished by removing barriers to high-
er education, and those with past criminal justice involvement will be
equipped with the tools necessary to become fully reintegrated into
society, in turn strengthening families and the fabric of New York's
communities.
 
SUMMARY OF PROVISIONS:
Section 1 amends the correction law by adding a new article 23-B which
provides definitions, and legislative intent of this bill.
Section 2 amends section 296 of the executive law by adding a new subdi-
vision 23 which explicitly prohibits colleges from asking about or
considering applicants' past arrests and/or convictions during the
application and admission decision-making process. It will be unlawful
discriminatory practice for colleges to ask about or consider prior
criminal justice involvement during the application and admission deci-
sion-making process. Colleges would not be prevented from asking about
or using information about past criminal justice involvement once an
applicant is admitted to make post-admission decisions, such as housing
and support services. In making such decisions, colleges are urged to
consider the reentry benefits of allowing students with past criminal
convictions full access to all aspects of college life, as well as the
disparate impact on students of color that will necessarily follow if
decision-making is based on criminal histories.
Section 3 provides the effective date.
 
JUSTIFICATION:
Long ago, in the landmark decision Brown v. Board of Education, 347 U.S.
493, the United States Supreme Court recognized the critical role that
education plays in our society and the importance of ensuring that all
people have access to education, stating as follows: "(Education) is
required in the performance of our most basic public responsibilities,
even service in the armed forces. It is the very foundation of good
citizenship. Today it is a principal instrument in awakening the child
to cultural values, in preparing him for later professional training,
and in helping him to adjust normally to his environment" Today it is
doubtful that any child may reasonably be expected to succeed in life if
he is denied the opportunity of an education. Such an opportunity where
the state has undertaken to provide it is a right which must be made
available to all on equal terms.
This legislation will make the aspirations of Brown v. Board of Educa-
tion a reality for people with past criminal justice involvement.
Furthermore, it is to the benefit of our great state's economy to have
more of its citizens as gainfully employed taxpayers than either re-in-
carcerated or reliant on public assistance because they are unable to
compete in our demanding economy. By removing barriers to higher educa-
tion, those with past criminal justice involvement will be equipped with
the tools necessary to become fully reintegrated into society, in turn
strengthening families and the fabric of New York's communities.
 
LEGISLATIVE HISTORY:
S3415 of 2023-24: Reported and Committed to Higher Education.
S4068 of 2021-22: Referred to Crime Victims, Crime and Correction.
S809 of 2019-20: Referred to Crime Victims, Crime and Correction.
S3740 of 2017-18: Referred to Crime Victims, Crime and Correction.
S6437 of 2014: Referred to Crime Victims, Crime and Correction.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3795: 296 executive law