§ 205. Merit termination of sentence and discharge from presumptive
release, parole, conditional release and release to post-release
supervision. 1. The department may grant to any person a merit
termination of sentence from presumptive release, parole, conditional
release or release to post-release supervision prior to the expiration
of the full term or maximum term, provided it is determined by the
department that such merit termination is in the best interests of
society, such person is not required to register as a sex offender
pursuant to article six-C of this chapter, and such person is not on
presumptive release, parole, conditional release or release to
post-release supervision from a term of imprisonment imposed for any of
the following offenses, or for an attempt to commit any of the following
offenses:

(a) a violent felony offense as defined in section 70.02 of the penal
law;

(b) murder in the first degree or murder in the second degree;

(c) an offense defined in article one hundred thirty of the penal law;

(d) unlawful imprisonment in the first degree, kidnapping in the first
degree, or kidnapping in the second degree, in which the victim is less
than seventeen years old and the offender is not the parent of the
victim;

(e) an offense defined in article two hundred thirty of the penal law
involving the prostitution of a person less than nineteen years old;

(f) disseminating indecent material to minors in the first degree or
disseminating indecent material to minors in the second degree;

(g) incest;

(h) an offense defined in article two hundred sixty-three of the penal
law;

(i) a hate crime as defined in section 485.05 of the penal law; or

(j) an offense defined in article four hundred ninety of the penal
law.

2. (a) A merit termination granted by the department under this
section shall constitute a termination of the sentence with respect to
which it was granted. No such merit termination shall be granted unless
the department is satisfied that termination of sentence from
presumptive release, parole, conditional release or post-release
supervision is in the best interest of society, and that the parolee or
releasee, otherwise financially able to comply with an order of
restitution and the payment of any mandatory surcharge previously
imposed by a court of competent jurisdiction, has made a good faith
effort to comply therewith.

(b) Notwithstanding any other provision of law, a person granted merit
termination pursuant to this section shall be provided a certificate of
relief from disabilities pursuant to section seven hundred three of this
chapter or a certificate of good conduct under section seven hundred
three-b of this chapter, as applicable.

3. A merit termination of sentence may be granted after two years of
presumptive release, parole, conditional release or release to
post-release supervision to a person serving a sentence for a class A
felony offense as defined in article two hundred twenty of the penal
law. A merit termination of sentence may be granted to all other
eligible persons after one year of presumptive release, parole,
conditional release or release to post-release supervision.

4. The department must grant termination of sentence after three years
of unrevoked presumptive release or parole to a person serving an
indeterminate sentence for a class A felony offense defined in article
two hundred twenty of the penal law, and must grant termination of
sentence after two years of unrevoked presumptive release or parole to a
person serving an indeterminate sentence for any other felony offense
defined in article two hundred twenty or two hundred twenty-one of the
penal law.

5. The commissioner, in consultation with the chairman of the board of
parole, shall promulgate rules and regulations governing the issuance of
merit terminations of sentence and discharges from presumptive release,
parole, conditional release or post-release supervision to assure that
such terminations and discharges are consistent with public safety. The
board of parole shall have access to merit termination application case
files and corresponding decisions to assess the effectiveness of the
rules and regulations in ensuring public safety. Such review will in no
manner effect the decisions made with regard to individual merit
termination determinations.