§ 205 — Merit termination of sentence and discharge from presumptive release, parole, conditional release and release to post-release supervision

§ 205. Merit termination of sentence and discharge from presumptive\nrelease, parole, conditional release and release to post-release\nsupervision. 1. The department may grant to any person a merit\ntermination of sentence from presumptive release, parole, conditional\nrelease or release to post-release supervision prior to the expiration\nof the full term or maximum term, provided it is determined by the\ndepartment that such merit termination is in the best interests of\nsociety, such person is not required to register as a sex offender\npursuant to article six-C of this chapter, and such person is not on\npresumptive release, parole, conditional release or release to\npost-release supervision from a term of imprisonment imposed for any of\nthe following offenses, or for an attempt to commit any of the following\noffenses:\n (a) a violent felony offense as defined in section 70.02 of the penal\nlaw;\n (b) murder in the first degree or murder in the second degree;\n (c) an offense defined in article one hundred thirty of the penal law;\n (d) unlawful imprisonment in the first degree, kidnapping in the first\ndegree, or kidnapping in the second degree, in which the victim is less\nthan seventeen years old and the offender is not the parent of the\nvictim;\n (e) an offense defined in article two hundred thirty of the penal law\ninvolving the prostitution of a person less than nineteen years old;\n (f) disseminating indecent material to minors in the first degree or\ndisseminating indecent material to minors in the second degree;\n (g) incest;\n (h) an offense defined in article two hundred sixty-three of the penal\nlaw;\n (i) a hate crime as defined in section 485.05 of the penal law; or\n (j) an offense defined in article four hundred ninety of the penal\nlaw.\n 2. (a) A merit termination granted by the department under this\nsection shall constitute a termination of the sentence with respect to\nwhich it was granted. No such merit termination shall be granted unless\nthe department is satisfied that termination of sentence from\npresumptive release, parole, conditional release or post-release\nsupervision is in the best interest of society, and that the parolee or\nreleasee, otherwise financially able to comply with an order of\nrestitution and the payment of any mandatory surcharge previously\nimposed by a court of competent jurisdiction, has made a good faith\neffort to comply therewith.\n (b) Notwithstanding any other provision of law, a person granted merit\ntermination pursuant to this section shall be provided a certificate of\nrelief from disabilities pursuant to section seven hundred three of this\nchapter or a certificate of good conduct under section seven hundred\nthree-b of this chapter, as applicable.\n 3. A merit termination of sentence may be granted after two years of\npresumptive release, parole, conditional release or release to\npost-release supervision to a person serving a sentence for a class A\nfelony offense as defined in article two hundred twenty of the penal\nlaw. A merit termination of sentence may be granted to all other\neligible persons after one year of presumptive release, parole,\nconditional release or release to post-release supervision.\n 4. The department must grant termination of sentence after three years\nof unrevoked presumptive release or parole to a person serving an\nindeterminate sentence for a class A felony offense defined in article\ntwo hundred twenty of the penal law, and must grant termination of\nsentence after two years of unrevoked presumptive release or parole to a\nperson serving an indeterminate sentence for any other felony offense\ndefined in article two hundred twenty or two hundred twenty-one of the\npenal law.\n 5. The commissioner, in consultation with the chairman of the board of\nparole, shall promulgate rules and regulations governing the issuance of\nmerit terminations of sentence and discharges from presumptive release,\nparole, conditional release or post-release supervision to assure that\nsuch terminations and discharges are consistent with public safety. The\nboard of parole shall have access to merit termination application case\nfiles and corresponding decisions to assess the effectiveness of the\nrules and regulations in ensuring public safety. Such review will in no\nmanner effect the decisions made with regard to individual merit\ntermination determinations.\n