Introduction:

The criminal justice system is far from perfect, and mistakes can and do happen. Unfortunately, these mistakes can have devastating consequences for those who are wrongly accused and imprisoned. Individuals who have been unjustly convicted can lose years of their lives, suffer immeasurable damage to their reputations, relationships, and well-being, and face significant challenges in rebuilding their lives and making up for lost time. New York State Senate Bill S4855 recognizes the harm that these individuals have suffered and seeks to provide them with the financial support they need to move forward. Specifically, it will provide compensation for lost wages and opportunities, as well as emotional and physical trauma, to help these individuals rebuild their lives and overcome the injustices they have faced. This bill is an important step towards rectifying the injustices that have been perpetrated against wrongly convicted individuals. The compensation provided will help to mitigate some of the harms caused by wrongful convictions and provide support to individuals who have been wronged. By providing compensation, the bill acknowledges the harm done to individuals who have been unjustly convicted and seeks to provide them with the resources necessary to begin to rebuild their lives. BILL NUMBER: S4855

SPONSOR:

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TITLE OF BILL:

An act to amend the correction law and the tax law, in relation to adjusting the earnings of formerly incarcerated individuals who were unjustly convicted

PURPOSE OF BILL:

To ensure that those who are unjustly convicted receive proper recom- pense for compulsory work performed for substandard wages while incar- cerated.

SUMMARY OF SPECIFIC PROVISIONS:

Amends the Correction & Tax Law to ensure that those who are unjustly convicted receive proper recompense for compulsory work performed for substandard wages while incarcerated and are not otherwise punished from a tax perspective on these earnings. Effective date: 30 Days.

JUSTIFICATION:

Those who are victims of an unjust conviction are often doubly punished by having to wait interminably long times to receive the return of fines, restitution and reparation payments that they are owed. Compound- ing this factor, many such exonerated individuals were forced into the equivalent of slave labor while incarcerated, performing skilled jobs while being paid pennies. This bill will rightfully, allow the vindicat- ed to received proper remuneration and not be penalized for it from a new York Tax Perspective.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None beyond what justice requires.

EFFECTIVE DATE:

This act shall take effect in 30 days.