Bill Text: NY A01052 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 1052 (Prior Session Legislation)

Introduced

Bill Title: Relates to certificates of relief from disabilities and certificates of good conduct upon discharge.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2018-01-03 - ordered to third reading cal.72 [A01052 Detail]

Download: New_York-2017-A01052-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          1052
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2017
                                       ___________
        Introduced  by  M.  of  A.  RICHARDSON  -- read once and referred to the
          Committee on 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
    25  pursuant to section seven hundred three-b  of  the  correction  law,  as
    26  applicable.
    27    §  3.  This  act shall take effect on the ninetieth day after it shall
    28  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05583-01-7