N.Y. EXC Law § 259-J — New York Code / Act EXC / Article 12-B / Section 259-J
Discharge of sentence
Status: in_force

§ 259-j. Discharge of sentence. 1. Except where a determinate sentence\nwas imposed for a felony other than a felony defined in article two\nhundred twenty or article two hundred twenty-one of the penal law, if\nthe board of parole is satisfied that an absolute discharge from\npresumptive release, parole, conditional release or release to a period\nof post-release supervision is in the best interests of society, the\nboard may grant such a discharge prior to the expiration of the full\nterm or maximum term to any person who has been on unrevoked community\nsupervision for at least three consecutive years. A discharge granted\nunder this section shall constitute a termination of the sentence with\nrespect to which it was granted. No such discharge shall be granted\nunless the board is satisfied that the parolee or releasee, otherwise\nfinancially able to comply with an order of restitution and the payment\nof any mandatory surcharge, sex offender registration fee or DNA\ndatabank fee previously imposed by a court of competent jurisdiction,\nhas made a good faith effort to comply therewith.\n  2. The chairman of the board of parole shall promulgate rules and\nregulations governing the issuance of discharges from community\nsupervision pursuant to this section to assure that such discharges are\nconsistent with public safety.\n  3. Notwithstanding any other provision of this section to the\ncontrary, where a term of post-release supervision in excess of five\nyears has been imposed on a person convicted of a crime defined in\narticle one hundred thirty of the penal law, including a sexually\nmotivated felony, the board of parole may grant a discharge from\npost-release supervision prior to the expiration of the maximum term of\npost-release supervision.  Such a discharge may be granted only after\nthe person has served at least five years of post-release supervision,\nand only to a person who has been on unrevoked post-release supervision\nfor at least three consecutive years. No such discharge shall be granted\nunless the board of parole or the department acting pursuant to its\nresponsibility under subdivision one of section two hundred one of the\ncorrection law consults with any licensed psychologist, qualified\npsychiatrist, or other mental health professional who is providing care\nor treatment to the supervisee; and the board: (a) determines that a\ndischarge from post-release supervision is in the best interests of\nsociety; and (b) is satisfied that the supervisee, otherwise financially\nable to comply with an order of restitution and the payment of any\nmandatory surcharge, sex offender registration fee, or DNA data bank fee\npreviously imposed by a court of competent jurisdiction, has made a good\nfaith effort to comply therewith. Before making a determination to\ndischarge a person from a period of post-release supervision, the board\nof parole may request that the commissioner of the office of mental\nhealth arrange a psychiatric evaluation of the supervisee. A discharge\ngranted under this section shall constitute a termination of the\nsentence with respect to which it was granted.\n  4. Notwithstanding any other provision of law, a person granted\ndischarge pursuant to subdivision one of this section shall be provided\na certificate of relief from disabilities pursuant to section seven\nhundred three of the correction law or a certificate of good conduct\npursuant to section seven hundred three-b of the correction law, as\napplicable.\n