Bill Text: NY A04310 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to birth certificates for inmates; requires birth certificate or certification of birth and social security card to be kept in the inmate records until the inmate is released from custody when such birth certificate or certification of birth and social security card shall be provided to the inmate.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-20 - REFERRED TO RULES [A04310 Detail]

Download: New_York-2019-A04310-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4310
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Correction
        AN ACT to amend the  correction  law  and  the  public  health  law,  in
          relation to birth certificates for inmates
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 71 of the correction law is amended by adding a new
     2  subdivision 9 to read as follows:
     3    9. (a) For any inmate who will be committed  to  the  custody  of  the
     4  department for one year or greater, the commissioner shall make diligent
     5  efforts  to  obtain  a copy of the birth certificate or certification of
     6  birth and social security card for each such inmate  under  his  or  her
     7  custody.  Such  birth  certificate  or certification of birth and social
     8  security card shall be kept in the inmate records until  the  inmate  is
     9  released from custody upon which such birth certificate or certification
    10  of birth and social security card shall be provided to the inmate.
    11    (b)  Where  a  facility  in which an inmate is housed receives a birth
    12  certificate or certification of birth containing missing  or  incomplete
    13  information  as  to the inmate's first name such facility shall initiate
    14  the process to correct or amend the birth certificate of the  inmate  in
    15  consultation with and upon consent of the inmate.
    16    § 2. Subdivision 2 of section 125 of the correction law, as amended by
    17  section  21 of subpart A of part C of chapter 62 of the laws of 2011, is
    18  amended to read as follows:
    19    2. The superintendent of each of said facilities shall furnish to each
    20  inmate who shall be discharged or released from said facility by pardon,
    21  parole, conditional release or otherwise, except  such  inmates  as  are
    22  released for return for resentence or new trial or upon a certificate of
    23  reasonable  doubt,  and  except such inmates who are released to partic-
    24  ipate in a program outside the facility who are required  to  return  to
    25  the facility, suitable clothing adapted to the season in which he or she
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08091-01-9

        A. 4310                             2
     1  is  discharged not to exceed sixty-five dollars in value and transporta-
     2  tion to the county of his or her conviction or to such  other  place  as
     3  the commissioner may designate. In addition, the commissioner shall take
     4  such steps as are necessary to ensure that inmates have a department-is-
     5  sued  release  photo identification card which shall be valid for ninety
     6  days or greater, and at least forty dollars available upon release.
     7    § 3. Subdivision 5 of section 201 of the correction law, as  added  by
     8  section  32 of subpart A of part C of chapter 62 of the laws of 2011, is
     9  amended to read as follows:
    10    5. (a) The department shall  assist  inmates  eligible  for  community
    11  supervision  and  [inmates]  persons who are on community supervision to
    12  secure employment, educational or vocational training, and housing.
    13    (b) Where a person on community  supervision  whose  department-issued
    14  release identification card will expire prior to such person obtaining a
    15  state  identification  card  from  the department of motor vehicles, the
    16  community supervision officer shall request that the department  reissue
    17  such  release identification card for an additional period of time if in
    18  the officer's discretion such reissuance will help to  ensure  that  the
    19  person on community supervision shall have uninterrupted possession of a
    20  state-issued photo identification card.
    21    §  4.  Subdivision  4  of  section  4174  of the public health law, as
    22  amended by chapter 323 of the laws  of  2016,  is  amended  to  read  as
    23  follows:
    24    4.  No  fee shall be charged for a search, certification, certificate,
    25  certified copy or certified transcript of a record to be used for school
    26  entrance, employment certificate or for purposes  of  public  relief  or
    27  when  required  by the veterans administration to be used in determining
    28  the eligibility of any person to participate in the benefits made avail-
    29  able by the veterans administration or  when  required  by  a  board  of
    30  elections  for  the  purposes  of  determining voter eligibility or when
    31  requested by the department of corrections and community supervision  or
    32  a  local  correctional  facility  as  defined  in subdivision sixteen of
    33  section two of the correction law for the purpose of correcting,  amend-
    34  ing,  or  providing a certified copy or certified transcript of birth to
    35  an inmate in anticipation of such inmate's release from  custody  or  to
    36  obtain a death certificate to be used for administrative purposes for an
    37  inmate  who  has  died  under custody or when requested by the office of
    38  children and family services or an authorized agency for the purpose  of
    39  providing  a  certified copy or certified transcript of birth to a youth
    40  placed in the care and custody or custody and guardianship of the  local
    41  commissioner  of  social services or the care and custody or custody and
    42  guardianship of the office of children and  family  services  in  antic-
    43  ipation of such youth's discharge from placement or foster care.
    44    §  5. Section 4179 of the public health law, as amended by chapter 323
    45  of the laws of 2016, is amended to read as follows:
    46    § 4179. Vital records; fees; city of  New  York.  Notwithstanding  the
    47  provisions  of  paragraph  one of subdivision a of section 207.13 of the
    48  health code of the city of New York,  the  department  of  health  shall
    49  charge,  and  the  applicant  shall pay, for a search of two consecutive
    50  calendar years under one name and  the  issuance  of  a  certificate  of
    51  birth, death or termination of pregnancy, or a certification of birth or
    52  death,  or  a  certification  that  the record cannot be found, a fee of
    53  fifteen dollars for each copy. Provided, however, that no such fee shall
    54  be charged when the department of corrections and community  supervision
    55  or  a  local  correctional facility as defined in subdivision sixteen of
    56  section two of the correction law requests a  certificate  of  birth  or

        A. 4310                             3
     1  certification  of  birth  for  the  purpose  of correcting, amending, or
     2  providing such certificate of birth or  certification  of  birth  to  an
     3  inmate  in  anticipation  of  such  inmate's  release from custody or to
     4  obtain a death certificate to be used for administrative purposes for an
     5  inmate  who  has  died  under custody or when the office of children and
     6  family services or an authorized agency requests  a  certified  copy  or
     7  certified  transcript  of birth for a youth placed in the custody of the
     8  local commissioner of social services or the custody of  the  office  of
     9  children  and  family  services  pursuant to article three of the family
    10  court act for the purpose of providing such certified copy or  certified
    11  transcript  of  birth  to  such  youth in anticipation of discharge from
    12  placement.
    13    § 6. This act shall take effect on the one hundred twentieth day after
    14  it shall have become a law.
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