US Laws, Codes, Statutes & Cases

 
    * §   259-j.   Merit   termination  of  sentence  and  discharge  from
  presumptive release, parole and conditional release. 1. The division  of
  parole  may  grant  to  any  person a merit termination of sentence from
  presumptive release, parole or from conditional  release  prior  to  the
  expiration  of  the full term or maximum term, provided it is determined
  by the division of parole that such merit termination  is  in  the  best
  interests  of  society, such person is not required to register as a sex
  offender pursuant to article six-c  of  the  correction  law,  and  such
  person is not on presumptive release, parole or conditional release from
  a term of imprisonment imposed for any of the following offenses, or for
  an attempt to commit any of the following offenses:
    (a)  a violent felony offense as defined in section 70.02 of the penal
  law;
    (b) murder in the first degree or murder in the second degree;
    (c) an offense defined in article one hundred thirty of the penal law;
    (d) unlawful imprisonment in the first degree, kidnapping in the first
  degree, or kidnapping in the second degree, in which the victim is  less
  than  seventeen  years  old  and  the  offender is not the parent of the
  victim;
    (e) an offense defined in article two hundred thirty of the penal  law
  involving the prostitution of a person less than nineteen years old;
    (f)  disseminating  indecent material to minors in the first degree or
  disseminating indecent material to minors in the second degree;
    (g) incest;
    (h) an offense defined in article two hundred sixty-three of the penal
  law;
    (i) a hate crime as defined in section 485.05 of the penal law; or
    (j) an offense defined in article four hundred  ninety  of  the  penal
  law.
    2.  A  merit  termination granted by the division of parole under this
  section shall constitute a termination of the sentence with  respect  to
  which  it was granted. No such merit termination shall be granted unless
  the division of parole is satisfied that termination  of  sentence  from
  presumptive  release,  parole or from conditional release is in the best
  interest of  society,  and  that  the  parolee  or  releasee,  otherwise
  financially  able to comply with an order of restitution and the payment
  of any mandatory surcharge previously imposed by a  court  of  competent
  jurisdiction, has made a good faith effort to comply therewith.
    3.  A  merit termination of sentence may be granted after two years of
  presumptive release or parole to a person serving a sentence for a class
  A felony offense as defined in article two hundred twenty of  the  penal
  law.  A  merit  termination  of  sentence  may  be  granted to all other
  eligible persons after  one  year  of  presumptive  release,  parole  or
  conditional release.
    3-a.  The  division of parole must grant termination of sentence after
  three years of unrevoked parole to a  person  serving  an  indeterminate
  sentence  for  a  class  A felony offense defined in article two hundred
  twenty of the penal law, and must grant termination  of  sentence  after
  two  years  of  unrevoked  parole  to  a person serving an indeterminate
  sentence for any other felony offense defined  in  article  two  hundred
  twenty or two hundred twenty-one of the penal law.
    4.  Except  where  a determinate sentence or a sentence with a maximum
  term of life imprisonment was imposed for a felony other than  a  felony
  defined  in article two hundred twenty of the penal law, if the board of
  parole is satisfied that an absolute discharge from presumptive release,
  parole or conditional release is in the best interests of  society,  the
  board  may  grant  such  a discharge prior to the expiration of the full
  term or maximum term to any person who has been on unrevoked presumptive
  release, parole or conditional release for at  least  three  consecutive
  years.  A  discharge  granted  under  this  section  shall  constitute a
  termination of the sentence with respect to which  it  was  granted.  No
  such  discharge shall be granted unless the board of parole is satisfied
  that the parolee or releasee, otherwise financially able to comply  with
  an  order of restitution and the payment of any mandatory surcharge, sex
  offender registration fee or DNA databank fee previously  imposed  by  a
  court  of competent jurisdiction, has made a good faith effort to comply
  therewith.
    5. The chairman of the board of  parole  shall  promulgate  rules  and
  regulations governing the issuance of merit terminations of sentence and
  discharges  from  presumptive release, parole and conditional release to
  assure that such terminations and discharges are consistent with  public
  safety.
    * NB Effective until September 1, 2009
    * § 259-j. Discharge  from  parole  and conditional release. 1. Except
  where a determinate sentence is imposed for a violent felony offense  as
  defined  in section 70.02 of the penal law, or a sentence with a maximum
  term of life imprisonment was imposed for a felony other than  a  felony
  defined  in article two hundred twenty of the penal law, if the board of
  parole is satisfied that an  absolute  discharge  from  parole  or  from
  conditional  release  is in the best interests of society, the board may
  grant such a discharge prior to the expiration of the full maximum  term
  to  any  person  who has been on unrevoked parole or conditional release
  for at least three consecutive years. A  discharge  granted  under  this
  section  shall  constitute a termination of the sentence with respect to
  which it was granted. No such discharge  shall  be  granted  unless  the
  board  of  parole  is  satisfied that the parolee, otherwise financially
  able to comply with an order of  restitution  and  the  payment  of  any
  mandatory  surcharge,  sex offender registration fee or DNA databank fee
  previously imposed by a court of competent jurisdiction, has made a good
  faith effort to comply therewith.
    2. The division of parole must grant  termination  of  sentence  after
  three  years  of  unrevoked  parole to a person serving an indeterminate
  sentence for a class A felony offense defined  in  article  two  hundred
  twenty  of  the  penal law, and must grant termination of sentence after
  two years of unrevoked parole  to  a  person  serving  an  indeterminate
  sentence  for  any  other  felony offense defined in article two hundred
  twenty or two hundred twenty-one of the penal law.
    * NB Effective September 1, 2009