2023 New York Laws › COR - Correction › Article 8 - Community Supervision › 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.