N.Y. Executive Law § 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.

4. Notwithstanding any other provision of law, a person granted

discharge pursuant to subdivision one of this section shall be provided

a certificate of relief from disabilities pursuant to section seven

hundred three of the correction law or a certificate of good conduct

pursuant to section seven hundred three-b of the correction law, as

applicable.