Bill Text: NY S06282 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to probation administrative fees; prohibits certain fees associated with probation; provides for the termination and discharge of certain sentences.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S06282 Detail]

Download: New_York-2023-S06282-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6282

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 11, 2023
                                       ___________

        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 repeal  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. Section 257-c of the executive law is REPEALED.
     2    § 2. The executive law is amended by adding a  new  section  257-c  to
     3  read as follows:
     4    § 257-c. Prohibition on fees associated with probation.  Notwithstand-
     5  ing  any other provision of law, no county or city may adopt a local law
     6  requiring individuals currently serving or who shall be sentenced  to  a
     7  period of probation upon conviction of any crime to pay any fee, includ-
     8  ing  but not limited to an administrative fee, supervision fee, monitor-
     9  ing fee, testing fee, or screening fee, to the local  probation  depart-
    10  ment  with the responsibility of supervising the probationer. Nothing in
    11  this section shall be construed to affect the collection of  restitution
    12  payments  and associated surcharges pursuant to sections 65.10 and 60.27
    13  of the penal law and subdivision 8 of section  420.10  of  the  criminal
    14  procedure law.
    15    § 3. Subdivision 2 of section 205 of the correction law, as amended by
    16  chapter 491 of the laws of 2021, is amended to read as follows:
    17    2.  (a)  A  merit  termination  granted  by  the department under this
    18  section shall constitute a termination of the sentence with  respect  to
    19  which  it was granted. No such merit termination shall be granted unless
    20  the department is satisfied that termination of sentence  from  presump-
    21  tive release, parole, conditional release or post-release supervision is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08803-01-3
        S. 6282                             2

     1  in  the  best  interest  of  society[, and that the parolee or releasee,
     2  otherwise financially able to comply with an order  of  restitution  and
     3  the  payment of any mandatory surcharge previously imposed by a court of
     4  competent  jurisdiction,  has  made a good faith effort to comply there-
     5  with].
     6    (b) Notwithstanding any other provision of law, a person granted merit
     7  termination pursuant to this section shall be provided a certificate  of
     8  relief from disabilities pursuant to section seven hundred three of this
     9  chapter  or  a  certificate  of good conduct under section seven hundred
    10  three-b of this chapter, as applicable.
    11    § 4. Subdivisions 1 and 3 of section 259-j of the  executive  law,  as
    12  amended by section 38-g of subpart A of part C of chapter 62 of the laws
    13  of 2011, are amended to read as follows:
    14    1.  Except where a determinate sentence was imposed for a felony other
    15  than a felony defined in article  two  hundred  twenty  or  article  two
    16  hundred twenty-one of the penal law, if the board of parole is satisfied
    17  that an absolute discharge from presumptive release, parole, conditional
    18  release  or  release  to  a period of post-release supervision is in the
    19  best interests of society, the board may grant such a discharge prior to
    20  the expiration of the full term or maximum term to any  person  who  has
    21  been  on  unrevoked community supervision for at least three consecutive
    22  years. A discharge granted under this section shall constitute a  termi-
    23  nation  of  the  sentence with respect to which it was granted. [No such
    24  discharge shall be granted unless the board is satisfied that the  paro-
    25  lee  or  releasee, otherwise financially able to comply with an order of
    26  restitution and the payment of any  mandatory  surcharge,  sex  offender
    27  registration  fee  or  DNA databank fee previously imposed by a court of
    28  competent jurisdiction, has made a good faith effort  to  comply  there-
    29  with.]
    30    3.  Notwithstanding any other provision of this section to the contra-
    31  ry, where a term of post-release supervision in excess of five years has
    32  been imposed on a person convicted of a crime  defined  in  article  one
    33  hundred  thirty of the penal law, including a sexually motivated felony,
    34  the board of parole may grant a discharge from post-release  supervision
    35  prior to the expiration of the maximum term of post-release supervision.
    36  Such  a  discharge  may  be  granted only after the person has served at
    37  least five years of post-release supervision, and only to a  person  who
    38  has  been  on  unrevoked  post-release  supervision  for  at least three
    39  consecutive years. No such discharge shall be granted unless  the  board
    40  of  parole or the department acting pursuant to its responsibility under
    41  subdivision one of  section  two  hundred  one  of  the  correction  law
    42  consults  with  any  licensed  psychologist,  qualified psychiatrist, or
    43  other mental health professional who is providing care or  treatment  to
    44  the  supervisee;  and  the board[: (a)] determines that a discharge from
    45  post-release supervision is in the best interests of society[;  and  (b)
    46  is  satisfied  that the supervisee, otherwise financially able to comply
    47  with an order of restitution and the payment of any mandatory surcharge,
    48  sex offender registration fee, or DNA data bank fee  previously  imposed
    49  by  a  court  of competent jurisdiction, has made a good faith effort to
    50  comply therewith]. Before making a determination to discharge  a  person
    51  from  a  period  of  post-release  supervision,  the board of parole may
    52  request that the commissioner of the office of mental health  arrange  a
    53  psychiatric evaluation of the supervisee. A discharge granted under this
    54  section  shall  constitute a termination of the sentence with respect to
    55  which it was granted.
    56    § 5. This act shall take effect immediately.