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 - Dead) 2020-07-20 - 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. LBD08091-01-9A. 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 orA. 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.