Section 259-J. 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.