NY Exec L § 259-J (2021)
2021 New York Laws EXC - Executive Article 12-B - State Board of Parole 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.* NB Effective January 20, 2022