2021 New York Laws
COR - Correction
Article 8 - Community Supervision
205 - Merit Termination of Sentence and Discharge From Presumptive Release, Parole, Conditional Release and Release to Post-Release Supervision.

§  205.  Merit  termination of sentence and discharge from presumptive
release,  parole,  conditional  release  and  release  to   post-release
supervision.  1.  The  department  may  grant  to  any  person  a  merit
termination of sentence from presumptive  release,  parole,  conditional
release  or  release to post-release supervision prior to the expiration
of the full term or maximum term,  provided  it  is  determined  by  the
department  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 this chapter, and such person is not on
presumptive  release,  parole,  conditional  release   or   release   to
post-release  supervision 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 department 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
department  is  satisfied  that termination of sentence from presumptive
release, parole, conditional release or post-release supervision  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.
  * NB Effective until January 20, 2022
  * 2.  (a)  A  merit  termination  granted by the department 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  department  is  satisfied  that  termination   of   sentence   from
presumptive   release,   parole,  conditional  release  or  post-release
supervision 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.
  (b) Notwithstanding any other provision of law, a person granted merit
termination pursuant to this section shall be provided a certificate  of
relief from disabilities pursuant to section seven hundred three of this
chapter  or  a  certificate  of good conduct under section seven hundred
three-b of this chapter, as applicable.
  * NB Effective January 20, 2022

  3. A merit termination of sentence may be granted after two  years  of
presumptive   release,   parole,   conditional  release  or  release  to
post-release supervision 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,
conditional release or release to post-release supervision.
  4. The department must grant termination of sentence after three years
of  unrevoked  presumptive  release  or  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 presumptive release or 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.
  5. The commissioner, in consultation with 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,  conditional  release or post-release supervision to assure that
such terminations and discharges are consistent with public safety.  The
board  of parole shall have access to merit termination application case
files and corresponding decisions to assess  the  effectiveness  of  the
rules  and regulations in ensuring public safety. Such review will in no
manner effect  the  decisions  made  with  regard  to  individual  merit
termination determinations.