S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5433
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DE LA ROSA  -- read once and referred to the
   Committee on Correction
 
 AN ACT to repeal subdivision 9 of section 201  of  the  correction  law,
   relating to the parole supervision fee, and section 257-c of the exec-
   utive  law,  relating  to  probation administrative fees; to amend the
   executive law, in relation to prohibiting certain fees associated with
   probation; and to amend the correction law and the executive  law,  in
   relation to termination and discharge of certain sentences
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 9 of section  201  of  the  correction  law  is
 REPEALED.
   § 2. Section 257-c of the executive law is REPEALED.
   §  3.  The  executive  law is amended by adding a new section 257-c to
 read as follows:
   § 257-C. PROHIBITION ON FEES ASSOCIATED WITH PROBATION.  NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW, NO COUNTY OR CITY MAY ADOPT A LOCAL  LAW
 REQUIRING  INDIVIDUALS  CURRENTLY SERVING OR WHO SHALL BE SENTENCED TO A
 PERIOD OF PROBATION UPON CONVICTION OF ANY CRIME TO PAY ANY FEE, INCLUD-
 ING BUT NOT LIMITED TO AN ADMINISTRATIVE FEE, SUPERVISION FEE,  MONITOR-
 ING  FEE,  TESTING FEE, OR SCREENING FEE, TO THE LOCAL PROBATION DEPART-
 MENT WITH THE RESPONSIBILITY OF SUPERVISING THE PROBATIONER. NOTHING  IN
 THIS  SECTION SHALL BE CONSTRUED TO AFFECT THE COLLECTION OF RESTITUTION
 PAYMENTS AND ASSOCIATED SURCHARGES PURSUANT TO SECTIONS 65.10 AND  60.27
 OF  THE  PENAL  LAW  AND SUBDIVISION 8 OF SECTION 420.10 OF THE CRIMINAL
 PROCEDURE LAW.
   § 4. 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 merit termination granted by the department  under  this  section
 shall  constitute a termination of the sentence with respect to which it
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07684-01-1

 A. 5433                             2
 
 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, other-
 wise 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].
   §  5.  Subdivisions  1 and 3 of section 259-j of the executive law, as
 amended by section 38-g of subpart A of part C of chapter 62 of the laws
 of 2011, are amended to read as follows:
   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 termi-
 nation of the sentence with respect to which it was  granted.  [No  such
 discharge  shall be granted unless the board is satisfied that the paro-
 lee 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 there-
 with.]
   3. Notwithstanding any other provision of this section to the  contra-
 ry, 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.
   § 6. This act shall take effect immediately.