§ 703-B — Issuance of certificate of good conduct

New York § 703-B

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

Text

§ 703-b. Issuance of certificate of good conduct. 1. The department of\ncorrections and community supervision shall have the power to issue a\ncertificate of good conduct to any person previously convicted of a\ncrime in this state, when the department is satisfied that:\n (a) The applicant has conducted himself or herself in a manner\nwarranting such issuance for a minimum period in accordance with the\nprovisions of subdivision three of this section;\n (b) The relief to be granted by the certificate is consistent with the\nrehabilitation of the applicant; and\n (c) The relief to be granted is consistent with the public interest.\n 2. The department shall have the power to issue a certificate of good\nconduct to any person previously convicted of a crime in any other\njurisdiction, when the department is satisfied that:\n (a) The applicant has demonstrated that there exist specific facts and\ncircumstances, and specific sections of New York state law that have an\nadverse impact on the applicant and warrant the application for relief\nto be made in New York; and\n (b) The provisions of paragraphs (a), (b) and (c) of subdivision one\nof this section have been met.\n 3. The minimum period of good conduct by the individual referred to in\nparagraph (a) of subdivision one of this section, shall be as follows:\nwhere the most serious crime of which the individual was convicted is a\nmisdemeanor, the minimum period of good conduct shall be one year; where\nthe most serious crime of which the individual was convicted is a class\nC, D or E felony, the minimum period of good conduct shall be three\nyears; and, where the most serious crime of which the individual was\nconvicted is a class B or A felony, the minimum period of good conduct\nshall be five years. Criminal acts committed outside the state shall be\nclassified as acts committed within the state based on the maximum\nsentence that could have been imposed based upon such conviction\npursuant to the laws of such foreign jurisdiction. Such minimum period\nof good conduct by the individual shall be measured either from the date\nof the payment of any fine imposed upon him or her or the suspension of\nsentence, or from the date of his or her unrevoked release from custody\nby parole, commutation or termination of his or her sentence. The\ndepartment shall have power and it shall be its duty to investigate all\npersons when such application is made and to grant or deny the same\nwithin a reasonable time after the making of the application.\n 4. Where the department has issued a certificate of good conduct, the\ndepartment may at any time issue a new certificate enlarging the relief\npreviously granted.\n 5. Any certificate of good conduct by the department to an individual\nwho at time of the issuance of the certificate is under the department's\nsupervision, shall be deemed to be a temporary certificate until such\ntime as the individual is discharged from the department's supervision,\nand, while temporary, such certificate may be revoked by the department\nfor violation of the conditions of community supervision. Revocation\nshall be upon notice to the releasee, who shall be accorded an\nopportunity to explain the violation prior to decision thereon. If the\ncertificate is not so revoked, it shall become a permanent certificate\nupon expiration or termination of the department's jurisdiction over the\nindividual.\n