Assembly Bill A8276

2021-2022 Legislative Session

Relates to the discharging of certain sentences

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A8276 (ACTIVE) - Details

See Senate Version of this Bill:
S5375
Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-j, Exec L
Versions Introduced in 2023-2024 Legislative Session:
S4328

2021-A8276 (ACTIVE) - Summary

Relates to the discharging of certain sentences; makes all felonies eligible for discharge.

2021-A8276 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8276
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Correction
 
 AN  ACT  to  amend  the executive law, in relation to the discharging of
   certain sentences
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  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, is 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] 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 termination of the sentence with respect to  which  it  was
 granted.  No  such discharge shall be granted unless the board is satis-
 fied 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05405-01-1

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