§ 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 the board is satisfied that the parolee or releasee, otherwise
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.

2. The chairman of the board of parole shall promulgate rules and
regulations governing the issuance of discharges from community
supervision pursuant to this section to assure that such discharges are
consistent with public safety.

3. Notwithstanding any other provision of this section to the
contrary, where a term of post-release supervision in excess of five
years has been imposed on a person convicted of a crime defined in
article one hundred thirty of the penal law, including a sexually
motivated felony, the board of parole may grant a discharge from
post-release supervision prior to the expiration of the maximum term of
post-release supervision. Such a discharge may be granted only after
the person has served at least five years of post-release supervision,
and only to a person who has been on unrevoked post-release supervision
for at least three consecutive years. No such discharge shall be granted
unless the board of parole or the department acting pursuant to its
responsibility under subdivision one of section two hundred one of the
correction law consults with any licensed psychologist, qualified
psychiatrist, or other mental health professional who is providing care
or treatment to the supervisee; and the board: (a) determines that a
discharge from post-release supervision is in the best interests of
society; and (b) is satisfied that the supervisee, otherwise financially
able to comply with an order of restitution and the payment of any
mandatory surcharge, sex offender registration fee, or DNA data bank fee
previously imposed by a court of competent jurisdiction, has made a good
faith effort to comply therewith. Before making a determination to
discharge a person from a period of post-release supervision, the board
of parole may request that the commissioner of the office of mental
health arrange a psychiatric evaluation of the supervisee. A discharge
granted under this section shall constitute a termination of the
sentence with respect to which it was granted.

4. Notwithstanding any other provision of law, a person granted
discharge pursuant to subdivision one of this section shall be provided
a certificate of relief from disabilities pursuant to section seven
hundred three of the correction law or a certificate of good conduct
pursuant to section seven hundred three-b of the correction law, as
applicable.