S T A T E O F N E W Y O R K
________________________________________________________________________
6853
2009-2010 Regular Sessions
I N A S S E M B L Y
March 13, 2009
___________
Introduced by M. of A. CAMARA -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law and the executive law, in relation to
requiring persons released from prison or parole to be advised of
their eligibility to vote
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 75 to
read as follows:
S 75. DISCHARGE; NOTIFICATION OF ELIGIBILITY TO VOTE. UPON THE
DISCHARGE FROM A CORRECTIONAL FACILITY OF ANY PERSON WHO HAS FULLY
COMPLETED A SENTENCE OF IMPRISONMENT FOR THE CONVICTION OF A FELONY, THE
DEPARTMENT SHALL PROVIDE SUCH PERSON WITH WRITTEN NOTICE THAT SUCH
PERSON IS ELIGIBLE TO REGISTER TO VOTE AND TO VOTE AFTER SUCH DISCHARGE.
S 2. Subdivisions 2 and 4 of section 259-j of the executive law,
subdivision 2 as separately amended by section 10 of part F and section
1 of part N of chapter 62 of the laws of 2003 and subdivision 4 as
amended by chapter 310 of the laws of 2008, are amended to read as
follows:
2. A merit termination granted by the division of parole 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 division of parole is satisfied that termination of sentence from
presumptive release, parole or from conditional release is in the best
interest of society, and that the parolee or releasee, otherwise finan-
cially 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. UPON
SUCH TERMINATION, THE BOARD OF PAROLE SHALL PROVIDE THE PAROLEE WITH
WRITTEN NOTICE THAT HE OR SHE IS ELIGIBLE TO REGISTER TO VOTE AND TO
VOTE AFTER THE TERMINATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10426-01-9
A. 6853 2
4. Except where a determinate sentence was imposed for a felony, if
the board of parole is satisfied that an absolute discharge from
presumptive release, parole or conditional release is in the best inter-
ests of society, the board may grant such a discharge prior to the expi-
ration of the full term or maximum term to any person who has been on
unrevoked presumptive release, parole or conditional release 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 of
parole 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. UPON DISCHARGE, THE BOARD OF PAROLE
SHALL PROVIDE THE PAROLEE WITH WRITTEN NOTICE THAT HE OR SHE IS ELIGIBLE
TO REGISTER TO VOTE AND TO VOTE AFTER THE DISCHARGE.
S 3. Subdivision 1 of section 259-j of the executive law, as amended
by chapter 738 of the laws of 2004, is amended to read as follows:
1. Except where a determinate sentence is imposed for a violent felony
offense as defined in section 70.02 of the penal law, or a sentence with
a maximum term of life imprisonment was imposed for a felony other than
a felony defined in article two hundred twenty of the penal law, if the
board of parole is satisfied that an absolute discharge from parole or
from conditional release is in the best interests of society, the board
may grant such a discharge prior to the expiration of the full maximum
term to any person who has been on unrevoked parole or conditional
release 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 of parole is satisfied that the parolee, 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. UPON SUCH DISCHARGE, THE BOARD OF
PAROLE SHALL PROVIDE THE PAROLEE WITH WRITTEN NOTICE THAT HE OR SHE IS
ELIGIBLE TO REGISTER TO VOTE AND TO VOTE AFTER THE DISCHARGE.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law, provided that the amendments to section 259-j of the
executive law, made by section two of this act, shall not affect the
expiration and reversion of such section pursuant to subdivision d of
section 74 of chapter 3 of the laws of 1995, as amended, and shall
expire therewith, when upon such date the provisions of section three of
this act shall take effect.