Assembly Bill A9805A

2015-2016 Legislative Session

Relates to certificates upon discharge

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2015-A9805 - Details

See Senate Version of this Bill:
S8076
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §205, Cor L; amd §259-j, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A1052, S3494, S5561
2019-2020: A2211, S3313
2021-2022: A5549, S2630

2015-A9805 - Summary

Relates to certificates of relief from disabilities and certificates of good conduct upon discharge.

2015-A9805 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9805

                          I N  A S S E M B L Y

                             April 11, 2016
                               ___________

Introduced  by  M.  of  A.  RICHARDSON  -- read once and referred to the
  Committee on Correction

AN ACT to amend the correction law and the executive law, in relation to
  certificates upon discharge

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section 205 of the correction law, as
added by section 32 of subpart A of part C of chapter 62 of the laws  of
2011, is amended to read as follows:
  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  presump-
tive 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  there-
with.
  (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.
  S  2.  Section  259-j  of the executive law is amended by adding a new
subdivision 4 to read as follows:
  4. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  A  PERSON  GRANTED
DISCHARGE  PURSUANT  TO  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.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14926-01-6
              

co-Sponsors

2015-A9805A (ACTIVE) - Details

See Senate Version of this Bill:
S8076
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §205, Cor L; amd §259-j, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A1052, S3494, S5561
2019-2020: A2211, S3313
2021-2022: A5549, S2630

2015-A9805A (ACTIVE) - Summary

Relates to certificates of relief from disabilities and certificates of good conduct upon discharge.

2015-A9805A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9805--A

                          I N  A S S E M B L Y

                             April 11, 2016
                               ___________

Introduced  by  M.  of  A.  RICHARDSON  -- read once and referred to the
  Committee on Correction -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the correction law and the executive law, in relation to
  certificates upon discharge

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section 205 of the correction law, as
added by section 32 of subpart A of part C of chapter 62 of the laws  of
2011, is amended to read as follows:
  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  presump-
tive 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  there-
with.
  (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.
  S  2.  Section  259-j  of the executive law is amended by adding a new
subdivision 4 to read as follows:
  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.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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