Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 12, 2022 |
referred to governmental operations |
Assembly Bill A8812
2021-2022 Legislative Session
Sponsored By
THIELE
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Nader sayegh
2021-A8812 (ACTIVE) - Details
2021-A8812 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8812 I N A S S E M B L Y January 12, 2022 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law and the criminal procedure law, in relation to providing notice to the crime victim or victim's represen- tative that a parolee or releasee is being discharged or released THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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: § 259-j. Discharge of sentence. 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 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: (A) the board is satisfied that the parolee or releasee, other- wise 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; (B) THE CRIME VICTIM OR VICTIM'S REPRESENTATIVE IS PROVIDED NOTICE THAT THE DISCHARGED PARO- LEE OR RELEASEE IS HAVING HIS OR HER SENTENCE DISCHARGED; AND (C) THE BOARD CONSIDERS ANY CURRENT OR FORMER STATEMENTS MADE TO IT BY A CRIME VICTIM OR VICTIM'S REPRESENTATIVE PURSUANT TO PARAGRAPH (C) OF SUBDIVI- SION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE. 2. The chairman of the board of parole shall promulgate rules and regulations governing: (A) the issuance of discharges from community supervision pursuant to this section to assure that such discharges are EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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