STATE OF NEW YORK
________________________________________________________________________
3313
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
___________
Introduced by Sens. SANDERS, MONTGOMERY, SAVINO -- 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 correction law and the executive law, in relation to
certificates upon discharge
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 205 of the correction law, as
2 added by section 32 of subpart A of part C of chapter 62 of the laws of
3 2011, is amended to read as follows:
4 2. (a) A merit termination granted by the department under this
5 section shall constitute a termination of the sentence with respect to
6 which it was granted. No such merit termination shall be granted unless
7 the department is satisfied that termination of sentence from presump-
8 tive release, parole, conditional release or post-release supervision is
9 in the best interest of society, and that the parolee or releasee,
10 otherwise financially able to comply with an order of restitution and
11 the payment of any mandatory surcharge previously imposed by a court of
12 competent jurisdiction, has made a good faith effort to comply there-
13 with.
14 (b) Notwithstanding any other provision of law, a person granted merit
15 termination pursuant to this section shall be provided a certificate of
16 relief from disabilities pursuant to section seven hundred three of this
17 chapter or a certificate of good conduct under section seven hundred
18 three-b of this chapter, as applicable.
19 § 2. Section 259-j of the executive law is amended by adding a new
20 subdivision 4 to read as follows:
21 4. Notwithstanding any other provision of law, a person granted
22 discharge pursuant to subdivision one of this section shall be provided
23 a certificate of relief from disabilities pursuant to section seven
24 hundred three of the correction law or a certificate of good conduct
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04444-01-9
S. 3313 2
1 pursuant to section seven hundred three-b of the correction law, as
2 applicable.
3 § 3. This act shall take effect on the ninetieth day after it shall
4 have become a law.