Bill Text: NY S05375 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Relates to the discharging of certain sentences; makes all felonies eligible for discharge.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S05375 Detail]

Download: New_York-2021-S05375-Introduced.html

---

                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