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S05019 Summary:

BILL NOS05019
 
SAME ASNo Same As
 
SPONSORSEPULVEDA
 
COSPNSRFERNANDEZ
 
MLTSPNSR
 
Amd §259-j, Exec L
 
Relates to the discharging of certain sentences; makes all felonies eligible for discharge.
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S05019 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5019
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 18, 2025
                                       ___________
 
        Introduced  by  Sens.  SEPULVEDA,  FERNANDEZ  --  read twice and ordered
          printed, and when printed to be committed to the  Committee  on  Crime
          Victims, Crime and Correction
 
        AN  ACT  to  amend  the executive law, in relation to the discharging of
          certain sentences
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of section 259-j of the executive law, as
     2  amended by section 38-g of subpart A of part C of chapter 62 of the laws
     3  of 2011, is amended to read as follows:
     4    1. [Except where a determinate sentence was imposed for a felony other
     5  than a felony defined in article  two  hundred  twenty  or  article  two
     6  hundred  twenty-one  of  the  penal  law,  if] If the board of parole is
     7  satisfied that an absolute discharge from presumptive  release,  parole,
     8  conditional  release  or release to a period of post-release supervision
     9  is in the best  interests  of  society,  the  board  may  grant  such  a
    10  discharge  prior  to  the expiration of the full term or maximum term to
    11  any person who has been on unrevoked community supervision for at  least
    12  three  consecutive  years.  A discharge granted under this section shall
    13  constitute a termination of the sentence with respect to  which  it  was
    14  granted.  No  such discharge shall be granted unless the board is satis-
    15  fied that the parolee or releasee, otherwise financially able to  comply
    16  with an order of restitution and the payment of any mandatory surcharge,
    17  sex  offender registration fee or DNA databank fee previously imposed by
    18  a court of competent jurisdiction, has  made  a  good  faith  effort  to
    19  comply therewith.
    20    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09721-01-5
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