STATE OF NEW YORK
________________________________________________________________________
5375
2021-2022 Regular Sessions
IN SENATE
March 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
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.
LBD05405-01-1
