Was CPL 259J amended to grant early parole release to persons convicted of a class A Felony?
Full Question:
Answer:
The following is a New York statute:
§ 259-j Exec. Merit termination of sentence and discharge from presumptive
release, parole, conditional release and release to post-release
supervision
1. The division of parole 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 division of parole 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 the
correction law, 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 merit termination granted by the division of parole 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
division of parole is satisfied that termination of sentence from
presumptive release, parole or from conditional release 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.
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.
3-a. The division of parole 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.
4. 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
presumptive release, parole, conditional release or release to post-release
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
of parole 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.
5. 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 and conditional release to
assure that such terminations and discharges are consistent with public
safety.
6. 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 division 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 division of parole: (a) consults with any licensed
psychologist, qualified psychiatrist, or other mental health professional
who is providing care or treatment to the supervisee; (b) determines that
a discharge from post-release supervision is in the best interests of
society; and (c) 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
division 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.
(As amended by Laws 2003, ch. 62, Pt. F, Secs. 10-11, eff. May 15, 2003,
Pt. N, Sec. 1, eff. Apr. 1, 2003; Laws 2004, ch. 738, Sec. 37, eff. Feb.
12, 2005, Sec. 38, eff. Sept. 30, 2005; Laws 2007, ch. 7, Sec. 44, eff.
Apr. 13, 2007, Sec. 45, eff. Sept. 1, 2009; Laws 2008, ch. 310, Sec. 1,
eff. July 21, 2008; ch. 486, Sec. 1, eff. Aug. 5, 2008; Laws 2009, ch. 56,
Pt. AAA, Sec. 13, eff. Apr. 7, 2009.)
Amendment Notes:
Laws 2009, ch. 56, Pt. AAA, Sec. 13, eff. Apr. 7, 2009, amended the
section heading and subdivisions 1, 3 and 4.
Laws 2008, ch. 486, Sec. 1, eff. Aug. 5, 2008, amended subdivision 3-a.
Laws 2008, ch. 310, Sec. 1, eff. July 21, 2008, amended subdivision 4.
Laws 2007, ch. 7, Sec. 45, eff. Sept. 1, 2009, amended this section by
adding a new subdivision 3.
Laws 2007, ch. 7, Sec. 44, eff. Apr. 13, 2007, amended this section by
adding a new subdivision 6.
Laws 2004, ch. 738, Sec. 38, eff. Sept. 30, 2005, amended this
section generally.
Laws 2004, ch. 738, Sec. 37, eff. Feb. 12, 2005, amended this section by
adding a new subdivision 3-a.
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