Bill Text: NY A02211 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to certificates of relief from disabilities and certificates of good conduct upon discharge.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2020-01-08 - ordered to third reading cal.94 [A02211 Detail]

Download: New_York-2019-A02211-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2211
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by  M.  of A. RICHARDSON, HYNDMAN, ORTIZ, BLAKE, DE LA ROSA,
          WALKER, DAVILA -- Multi-Sponsored by -- M. of  A.  SIMON,  WALLACE  --
          read once and referred to the Committee on Correction
        AN ACT to amend the correction law and the executive law, in relation to
          certificates upon discharge
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of section 205  of  the  correction  law,  as
     2  added  by section 32 of subpart A of part C of chapter 62 of the laws of
     3  2011, is amended to read as follows:
     4    2. (a) A merit  termination  granted  by  the  department  under  this
     5  section  shall  constitute a termination of the sentence with respect to
     6  which it was granted. No such merit termination shall be granted  unless
     7  the  department  is satisfied that termination of sentence from presump-
     8  tive release, parole, conditional release or post-release supervision is
     9  in the best interest of society,  and  that  the  parolee  or  releasee,
    10  otherwise  financially  able  to comply with an order of restitution and
    11  the payment of any mandatory surcharge previously imposed by a court  of
    12  competent  jurisdiction,  has  made a good faith effort to comply there-
    13  with.
    14    (b) Notwithstanding any other provision of law, a person granted merit
    15  termination pursuant to this section shall be provided a certificate  of
    16  relief from disabilities pursuant to section seven hundred three of this
    17  chapter  or  a  certificate  of good conduct under section seven hundred
    18  three-b of this chapter, as applicable.
    19    § 2. Section 259-j of the executive law is amended  by  adding  a  new
    20  subdivision 4 to read as follows:
    21    4.  Notwithstanding  any  other  provision  of  law,  a person granted
    22  discharge pursuant to subdivision one of this section shall be  provided
    23  a  certificate  of  relief  from  disabilities pursuant to section seven
    24  hundred three of the correction law or a  certificate  of  good  conduct
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04444-01-9

        A. 2211                             2
     1  pursuant  to  section  seven  hundred  three-b of the correction law, as
     2  applicable.
     3    §  3.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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