New York 2025-2026 Regular Session

New York Assembly Bill A04238

Introduced
1/31/25  
Refer
1/31/25  

Caption

Retroactively adjusts the compensation of formerly incarcerated individuals who were unjustly convicted; exempts such adjusted income from state income taxes.

Summary

Bill A04238 aims to amend the correction law and tax law in New York to provide retroactive compensation adjustments for formerly incarcerated individuals who were unjustly convicted. It establishes a framework for these individuals to receive adjusted compensation based on the greater of the current minimum wage, the industry standard wage for their previous employment, or their salary at the time of conviction. Additionally, the bill mandates that the Department of Corrections notify eligible individuals of their rights to compensation within 90 days of a pardon or reversal of conviction, and requires the department to remit any owed funds promptly.

Impact

The bill will significantly impact the state's correctional and tax laws by ensuring that individuals who were wrongfully convicted receive fair compensation for their time served. It also exempts the adjusted compensation from state income tax, thereby providing financial relief to these individuals. This legislative change aims to address the injustices faced by wrongfully convicted persons and may set a precedent for future legislation regarding the treatment of such individuals in the state.

Sentiment

The sentiment surrounding Bill A04238 appears to be supportive, as it addresses a critical issue of justice for wrongfully convicted individuals. However, there may be concerns regarding the financial implications for the state and the logistics of implementing the compensation adjustments, which could lead to discussions in committee sessions.

Contention

Notable points of contention may arise regarding the financial burden this bill could place on the state budget, as well as the administrative challenges of identifying eligible individuals and calculating the appropriate compensation. Some lawmakers may express concerns about the potential for abuse of the system or the criteria for determining unjust convictions, while advocates for criminal justice reform are likely to support the bill wholeheartedly.

Companion Bills

NY S07174

Same As Retroactively adjusts the compensation of formerly incarcerated individuals who were unjustly convicted; exempts such adjusted income from state income taxes.

Previously Filed As

NY S07174

Retroactively adjusts the compensation of formerly incarcerated individuals who were unjustly convicted; exempts such adjusted income from state income taxes.

NY A10738

Provides that income taxes shall be adjusted to account for a cost of living adjustment for certain tax years.

NY S09043

Provides that income taxes shall be adjusted to account for a cost of living adjustment for certain tax years.

NY HB2980

Authorizing adjustment from federal adjusted gross income for certain law enforcement pension benefit payments

NY HB5030

Authorizing adjustment from federal adjusted gross income for certain law enforcement pension benefit payments

NY HB4513

Authorizing adjustment from federal adjusted gross income for certain law enforcement pension benefit payments

NY HB3468

Authorizing adjustment from federal adjusted gross income for certain law enforcement pension benefit payments

NY LB30

Provide for an income tax adjustment for income received from overtime compensation

NY LB932

Provide an income tax adjustment for tip income and income received from overtime compensation

NY HB1248

Revenue and taxation; Senior Service Corps Act of 2025; adjustments to Oklahoma adjusted gross income and taxable income; support services; schools; effective date.

Similar Bills

CA AB2483

Wildland firefighters: Formerly Incarcerated Firefighter Certification and Employment Program.

CA AB1380

An act to add Chapter 2 (commencing with Section 4960) to Part 4 of Division 4 of the Public Resources Code, relating to wildfires.

NJ A1757

Provides corporation business tax and gross income tax credits for businesses that employ formerly incarcerated individuals.

MI HB5196

Corrections: other; screening and treatment for post traumatic prison disorder; provide for and require certain other mental health screening, planning, and treatment of incarcerated individuals. Amends sec. 67 of 1953 PA 232 (MCL 791.267) & adds secs. 34e, 67c & 67d.

NC S421

Prison Reform Omnibus

MA H1755

For second look

MI SB0537

Corrections: prisoners; information on the pre-incarceration address of incarcerated individuals; provide to the independent citizens redistricting commission after the federal decennial census. Creates new act.

PA HB1550

In Pennsylvania Board of Probation and Parole, providing for parole for reasons of age and for medical parole under certain circumstances.