Senate Bill S5375

2021-2022 Legislative Session

Relates to the discharging of certain sentences

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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2021-S5375 (ACTIVE) - Details

See Assembly Version of this Bill:
A8276
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-j, Exec L
Versions Introduced in 2023-2024 Legislative Session:
S4328

2021-S5375 (ACTIVE) - Summary

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

2021-S5375 (ACTIVE) - Sponsor Memo

2021-S5375 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5375
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 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
 
 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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