Res. No. 1147
Resolution calling on the New York State Senate to pass S.2811, which would create a rehabilitation program of civic service, education, and job training to assist non-violent felony offenders reintegrate successfully into society.
By Council Members Foster, Brewer, Dickens, Gerson, James, Palma, Sanders Jr., Seabrook, Sears, White Jr. and Jackson
Whereas, In 2005, nearly 2.2 million people were incarcerated in Federal or State prisons or in local jails; and
Whereas, Nearly 650,000 people are released annually from incarceration to communities nationwide; and
Whereas, Studies have shown that from 15 percent to 27 percent of prisoners expect to go to homeless shelters upon release from prison; and
Whereas, Nearly two-thirds of all released State prisoners are expected to be rearrested for a felony or serious misdemeanor within three years after release; and
Whereas, Increased recidivism has profound collateral consequences, including public health risks, homelessness, unemployment, and disenfranchisement; and
Whereas, Participation in State correctional education programs lowers the likelihood of reincarceration by 29 percent according to a United States Department of Education study; and
Whereas, A significant number of people under correctional control have committed a nonviolent felony offense; and
Whereas, Nonviolent felony offenders who have completed their prison sentence or term of probation or parole often find it difficult to reintegrate successfully into society because their records prevent them from securing employment and providing for their families; and
Whereas, S.2811 introduced by State Senator Dale M. Volker and companion bill A.4958 introduced by Assemblyman Jeffrion L. Aubry seek to reintegrate certain ex-offenders into society who have demonstrated the ability to live within the law; and
Whereas, S.2811 and A.4958 seek to remove the stigma associated with a criminal conviction by permitting any eligible person, provided at least five years have passed since their completion of any sentence resulting from a conviction, and provided that certain specified programmatic criteria are met, to apply to have all records relating to a covered prosecution or conviction sealed; and
Whereas, Such an application for a sealed record must be made to the Second Chance Commission, to be comprised of individuals appointed by the Governor, the Senate Majority Leader, Speaker of the Assembly, and the New York District Attorney’s Association; and
Whereas, Such sealed conviction, according to the terms of S.2811, will not disqualify such person from engaging in any occupation, profession or calling and will permit an individual to answer “no” to the question of whether he or she has ever been convicted of a felony or misdemeanor; and
Whereas, The sealing of a criminal record would assist a program graduate in securing employment and thus help the graduate to provide for a family as a productive citizen of society; and
Whereas, A.4958 was passed by the New York State Assembly on April 14, 2007 and delivered to the State Senate on the same date; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Senate to pass S.2811, which would create a rehabilitation program of civic service, education, and job training to assist non-violent felony offenders reintegrate successfully into society.
LS#3706
WJH
10/19/07