N.Y. Correction Law § 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) 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.

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.