COMMUNITY SERVICE SOCIETY

NEW YORK REENTRY ROUNDTABLE

ADDRESSING THE ISSUES FACED BY THE FORMERLY INCARCERATED AS THEY RE-ENDTER THE COMMUNITY

Advocacy Day 2009 Legislative Proposals

INTRODUCTION ....................................................................................................................... 1
EMPLOYMENT & RESTORATION OF RIGHTS ............................................................................. 2
VOTING RIGHTS ...................................................................................................................... 2
SENTENCING ........................................................................................................................... 2
FAMILY CONNECTIONS............................................................................................................ 2
HIGHER EDUCATION ............................................................................................................... 2

INTRODUCTION

The New York Reentry Roundtable was convened in 2006 by the Community Service Society of
New York (CSS), and now represents dozens of participating organizations. The Roundtable
grew out of recognition of the challenges facing residents of New York State who return to their
families and communities after incarceration, be it a few months in county jail or decades in an
upstate prison. Most striking is the concentration of this population in a handful of
neighborhoods in each city statewide. Led by CSS, The Fortune Society’s David Rothenberg
Center for Public Policy, and The Bronx Defenders, the Roundtable has organized two successful
Reentry Advocacy Days in 2007 and 2008. Advocacy Day provides an opportunity for formerly
incarcerated people, family members, service providers and allies to challenge systemic barriers to
civic participation and economic opportunity faced by people with conviction histories.

This is an exciting moment for criminal justice advocacy and reform. We congratulate the
Legislature and the Governor on passing landmark reforms of the Rockefeller-era drug sentencing
laws earlier this session. Championed by tens of thousands of New Yorkers, including hundreds
of Roundtable participants, the reforms are a crucial step towards overhauling the failed systems
of the last three decades and implementing more sensible, effective and just drug policies. They
also carry the potential to save taxpayers millions in costs of incarceration and recidivism. In
trying economic times, the Legislature has also taken steps towards “right-sizing” the state’s
swollen prison system.

The following proposals address other costly and ineffective sentencing policies and counter-
productive obstacles faced by individuals who have had criminal justice involvement. Adopting
them would not only save money, but would bring policies into line with the goal of sentencing
added to the State’s Penal Law in 2006: “Promotion of successful and production reentry and
reintegration into society.” They are endorsed by all the participating organizations and are
consistent with recommendations of the New York State Bar Association, the Independent
Committee on Reentry & Employment, and the Coalition for Criminal Justice Reform’s Blueprint
for Criminal Justice Reform.

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EMPLOYMENT & RESTORATION OF RIGHTS

We Support Removing the blanket prohibition on individuals with criminal records working in
establishments with liquor licenses. A.3770-A (Aubry)/S4686 (Hassell-Thompson)

We Support creation of a Certificate of Restoration with all the same effects and functions of the
existing certificates: the Certificate of Restoration overcomes automatic bars to voting,
employment, licensing, public housing, and any other civil disabilities imposed as a result of a
criminal conviction. A.4923-A (Aubry)

We Support the Conditional Job Offer Bill, which prohibits prospective employer from making
any inquiry about an applicant’s criminal record until a conditional offer of employment has been
made contingent upon a satisfactory criminal background check. A.5330(Aubry)

We Support a path to sealing criminal convictions after a certain number of years in the
community without subsequent convictions. A.6065 (Lentol)/S.1708 (Sampson)

VOTING RIGHTS

We Support increasing the political participation and power of racial and language minorities in
New York State, as well as expanded avenues to civic participation for all New Yorkers,
including:

 Extending the right to vote to individuals on parole, and ensuring that every person
who is eligible has the opportunity to register and vote. A.1414 (Wright)

 Enactment of legislation which aims to remedy the U.S. Census’ policy of counting
individuals where they are incarcerated instead of in their home communities by
adjusting, for redistricting purposes, home districts of New York prisoners. A.5946
(Espaillat)/S.1633 (Schneiderman)

SENTENCING

We Support extension of merit time release eligibility to domestic violence survivors incarcerated
for committing violent crimes. A.4516-C (Weinstein)

FAMILY CONNECTIONS

We Support an amendment to the Family Court Act and the Domestic Relations Law in relation
to setting or modifying child support obligations of incarcerated non-custodial parents so that
incarceration is no longer defined as “willful unemployment.” S.4684 (Hassell-Thompson)

HIGHER EDUCATION

We Support policies that expand access to higher education for individuals in prison and those
who have returned home including restoration of eligibility for the New York State Tuition
Assistance Program (TAP) to people in prison. 1

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Developed and recommended by the Correctional Association, the National H.I.R.E. Network, the David Rothenberg Center for
Public Policy of the Fortune Society, the Bard Prison Initiative, and College & Community Fellowship.
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