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Assembly Bill A1052

2017-2018 Legislative Session

Relates to certificates upon discharge

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Archive: Last Bill Status - On Floor Calendar

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2017-A1052 (ACTIVE) - Details

See Senate Version of this Bill:
S5561
Law Section:
Correction Law
Laws Affected:
Amd §205, Cor L; amd §259-j, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9805, S8076
2019-2020: A2211, S3313
2021-2022: A5549, S2630

2017-A1052 (ACTIVE) - Summary

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

2017-A1052 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1052
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 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.
   §  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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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