§ 703 — Certificates of relief from disabilities issued by the department of corrections and community supervision

New York § 703

• Jurisdiction: New York
• Law COR: Correction
• Art. 23: Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law

Text

§ 703. Certificates of relief from disabilities issued by the\ndepartment of corrections and community supervision. 1. The department\nof corrections and community supervision shall have the power to issue a\ncertificate of relief from disabilities to:\n (a) any eligible offender who has been committed to an institution\nunder the jurisdiction of the state department of corrections and\ncommunity supervision. Such certificate may be issued by the department\nat the time the offender is released from such institution under the\ndepartment's supervision or otherwise or at any time thereafter;\n (b) any eligible offender who resides within this state and whose\njudgment of conviction was rendered by a court in any other\njurisdiction.\n 2. Where the department has issued a certificate of relief from\ndisabilities, the department may at any time issue a new certificate\nenlarging the relief previously granted.\n 3. The department shall issue a certificate of relief from\ndisabilities pursuant to subdivisions one or two of this section, when\nthe department is satisfied that:\n (a) The person to whom it is to be granted is an eligible offender, as\ndefined in section seven hundred of this article;\n (b) The relief to be granted by the certificate is consistent with the\nrehabilitation of the eligible offender; and\n (c) The relief to be granted by the certificate is consistent with the\npublic interest.\n 4. Any certificate of relief from disabilities issued by the\ndepartment to an eligible offender who at time of the issuance of the\ncertificate is under the department's supervision, shall be deemed to be\na temporary certificate until such time as the eligible offender is\ndischarged from the department's supervision, and, while temporary, such\ncertificate may be revoked by the department for violation of the\nconditions of community supervision. Revocation shall be upon notice to\nthe releasee, who shall be accorded an opportunity to explain the\nviolation prior to decision thereon. If the certificate is not so\nrevoked, it shall become a permanent certificate upon expiration or\ntermination of the department's jurisdiction over the individual.\n 5. In granting or revoking a certificate of relief from disabilities\nthe action of the department shall be deemed a judicial function and\nshall not be reviewable if done according to law.\n 6. For the purpose of determining whether such certificate shall be\nissued, the department may conduct an investigation of the applicant.\n 7. Presumption based on federal recommendation. Where a certificate of\nrelief from disabilities is sought pursuant to paragraph (b) of\nsubdivision one of this section on a judgment of conviction rendered by\na federal district court in this state and the department is in receipt\nof a written recommendation in favor of the issuance of such certificate\nfrom the chief probation officer of the district, the department shall\nissue the requested certificate, unless it finds that the requirements\nof paragraphs (a), (b) and (c) of subdivision three of this section have\nnot been satisfied; or that the interests of justice would not be\nadvanced by the issuance of the certificate.\n