N.Y.
Correction Law Section 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 6-C (Sex Offender Registration Act)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) 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 § 703-B (Issuance of certificate of good conduct)section seven hundred three-b of this chapter, as applicable.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.
Source:
Section 205 — Merit termination of sentence and discharge from presumptive release, parole, conditional release and release to post-release supervision, https://www.nysenate.gov/legislation/laws/COR/205 (updated Jan. 21, 2022; accessed Oct. 26, 2024).
