Senate Bill S4353A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4353--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Crime Victims, Crime and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to repeal subdivision 9 of section 201  of  the  correction  law,
   relating  to  the parole supervision fee, subdivision 2 of section 189
   of the correction law, relating to compensation paid to a prisoner for
   certain work performed, paragraph b of subdivision 5 of section  60.35
   of the penal law, relating to incarceration fees, and section 257-c of
   the executive 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 REPEALED.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.  Subdivision 2 of section 189 of the correction law is REPEALED.
   § 3. Paragraph b of subdivision 5 of section 60.35 of the penal law is
 REPEALED.
   § 4.  Section 257-c of the executive law is REPEALED.
   § 5. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07684-02-1

 S. 4353--A                          2
 
 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.
   §  6.  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
 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].
   § 7. 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

 S. 4353--A                          3
 
 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.
   § 8. This act shall take effect immediately.