Rpld §201 sub 9, §189 sub 2, amd §205, Cor L; rpld & add §257-c, amd §259-j, Exec L; rpld §60.35 sub 5 ¶b,
Pen L
Relates to the parole supervision fee; relates to compensation paid to a prisoner for certain work; relates to incarceration fees; relates to probation administrative fees; prohibits certain fees associated with probation; provides for the termination and discharge of certain sentences.
STATE OF NEW YORK
________________________________________________________________________
4353--A
2021-2022 Regular Sessions
IN SENATE
February 3, 2021
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to repeal subdivision 9 of section 201 of the correction law,
relating to the parole supervision fee, subdivision 2 of section 189
of the correction law, relating to compensation paid to a prisoner for
certain work performed, paragraph b of subdivision 5 of section 60.35
of the penal law, relating to incarceration fees, and section 257-c of
the executive law, relating to probation administrative fees; to amend
the executive law, in relation to prohibiting certain fees associated
with probation; and to amend the correction law and the executive law,
in relation to termination and discharge 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 9 of section 201 of the correction law is
2 REPEALED.
3 § 2. Subdivision 2 of section 189 of the correction law is REPEALED.
4 § 3. Paragraph b of subdivision 5 of section 60.35 of the penal law is
5 REPEALED.
6 § 4. Section 257-c of the executive law is REPEALED.
7 § 5. The executive law is amended by adding a new section 257-c to
8 read as follows:
9 § 257-c. Prohibition on fees associated with probation. Notwithstand-
10 ing any other provision of law, no county or city may adopt a local law
11 requiring individuals currently serving or who shall be sentenced to a
12 period of probation upon conviction of any crime to pay any fee, includ-
13 ing but not limited to an administrative fee, supervision fee, monitor-
14 ing fee, testing fee, or screening fee, to the local probation depart-
15 ment with the responsibility of supervising the probationer. Nothing in
16 this section shall be construed to affect the collection of restitution
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07684-02-1
S. 4353--A 2
1 payments and associated surcharges pursuant to sections 65.10 and 60.27
2 of the penal law and subdivision 8 of section 420.10 of the criminal
3 procedure law.
4 § 6. Subdivision 2 of section 205 of the correction law, as added by
5 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is
6 amended to read as follows:
7 2. A merit termination granted by the department under this section
8 shall constitute a termination of the sentence with respect to which it
9 was granted. No such merit termination shall be granted unless the
10 department is satisfied that termination of sentence from presumptive
11 release, parole, conditional release or post-release supervision is in
12 the best interest of society[, and that the parolee or releasee, other-
13 wise financially able to comply with an order of restitution and the
14 payment of any mandatory surcharge previously imposed by a court of
15 competent jurisdiction, has made a good faith effort to comply there-
16 with].
17 § 7. Subdivisions 1 and 3 of section 259-j of the executive law, as
18 amended by section 38-g of subpart A of part C of chapter 62 of the laws
19 of 2011, are amended to read as follows:
20 1. Except where a determinate sentence was imposed for a felony other
21 than a felony defined in article two hundred twenty or article two
22 hundred twenty-one of the penal law, if the board of parole is satisfied
23 that an absolute discharge from presumptive release, parole, conditional
24 release or release to a period of post-release supervision is in the
25 best interests of society, the board may grant such a discharge prior to
26 the expiration of the full term or maximum term to any person who has
27 been on unrevoked community supervision for at least three consecutive
28 years. A discharge granted under this section shall constitute a termi-
29 nation of the sentence with respect to which it was granted. [No such
30 discharge shall be granted unless the board is satisfied that the paro-
31 lee or releasee, otherwise financially able to comply with an order of
32 restitution and the payment of any mandatory surcharge, sex offender
33 registration fee or DNA databank fee previously imposed by a court of
34 competent jurisdiction, has made a good faith effort to comply there-
35 with.]
36 3. Notwithstanding any other provision of this section to the contra-
37 ry, where a term of post-release supervision in excess of five years has
38 been imposed on a person convicted of a crime defined in article one
39 hundred thirty of the penal law, including a sexually motivated felony,
40 the board of parole may grant a discharge from post-release supervision
41 prior to the expiration of the maximum term of post-release supervision.
42 Such a discharge may be granted only after the person has served at
43 least five years of post-release supervision, and only to a person who
44 has been on unrevoked post-release supervision for at least three
45 consecutive years. No such discharge shall be granted unless the board
46 of parole or the department acting pursuant to its responsibility under
47 subdivision one of section two hundred one of the correction law
48 consults with any licensed psychologist, qualified psychiatrist, or
49 other mental health professional who is providing care or treatment to
50 the supervisee; and the board[: (a)] determines that a discharge from
51 post-release supervision is in the best interests of society[; and (b)
52 is satisfied that the supervisee, otherwise financially able to comply
53 with an order of restitution and the payment of any mandatory surcharge,
54 sex offender registration fee, or DNA data bank fee previously imposed
55 by a court of competent jurisdiction, has made a good faith effort to
56 comply therewith]. Before making a determination to discharge a person
S. 4353--A 3
1 from a period of post-release supervision, the board of parole may
2 request that the commissioner of the office of mental health arrange a
3 psychiatric evaluation of the supervisee. A discharge granted under this
4 section shall constitute a termination of the sentence with respect to
5 which it was granted.
6 § 8. This act shall take effect immediately.
