2012 New York Consolidated Laws
EXC - Executive
Article 12-B - (259 - 259-S) STATE BOARD OF PAROLE
259-J - Discharge of sentence.

 
    § 259-j. Discharge of sentence. 1. Except where a determinate sentence
  was  imposed  for  a  felony  other than a felony defined in article two
  hundred twenty or article two hundred twenty-one of the  penal  law,  if
  the  board  of  parole  is  satisfied  that  an  absolute discharge from
  presumptive release, parole, conditional release or release to a  period
  of  post-release  supervision  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 community
  supervision 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  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.
    2.  The  chairman  of  the  board of parole shall promulgate rules and
  regulations  governing  the  issuance  of  discharges   from   community
  supervision  pursuant to this section to assure that such discharges are
  consistent with public safety.
    3.  Notwithstanding  any  other  provision  of  this  section  to  the
  contrary,  where  a  term  of post-release supervision in excess of five
  years has been imposed on a person  convicted  of  a  crime  defined  in
  article  one  hundred  thirty  of  the  penal  law, including a sexually
  motivated felony, the  board  of  parole  may  grant  a  discharge  from
  post-release  supervision prior to the expiration of the maximum term of
  post-release supervision.  Such a discharge may be  granted  only  after
  the  person  has served at least five years of post-release supervision,
  and only to a person who has been on unrevoked post-release  supervision
  for at least three consecutive years. No such discharge shall be granted
  unless  the  board  of  parole  or the department acting pursuant to its
  responsibility under subdivision one of section two hundred one  of  the
  correction  law  consults  with  any  licensed  psychologist,  qualified
  psychiatrist, or other mental health professional who is providing  care
  or  treatment  to  the  supervisee; and the board: (a) determines that a
  discharge from post-release supervision is  in  the  best  interests  of
  society; and (b) is satisfied that the supervisee, otherwise financially
  able  to  comply  with  an  order  of restitution and the payment of any
  mandatory surcharge, sex offender registration fee, or DNA data bank fee
  previously imposed by a court of competent jurisdiction, has made a good
  faith effort to comply  therewith.  Before  making  a  determination  to
  discharge  a person from a period of post-release supervision, the board
  of parole may request that the commissioner  of  the  office  of  mental
  health  arrange  a psychiatric evaluation of the supervisee. A discharge
  granted under  this  section  shall  constitute  a  termination  of  the
  sentence with respect to which it was granted.