State Codes and Statutes

Statutes > New-york > Cor > Article-23 > 703

§ 703. Certificates of relief from disabilities issued by the board of  parole.  1.  The  state  board of parole shall have the power to issue a  certificate of relief from disabilities to:    (a) any eligible offender who has been  committed  to  an  institution  under the jurisdiction of the state department of correctional services.  Such  certificate may be issued by the board at the time the offender is  released  from  such  institution  under  the  board's  supervision   or  otherwise or at any time thereafter;    (b)  any  eligible  offender  who  resides within this state and whose  judgment  of  conviction  was  rendered  by  a  court   in   any   other  jurisdiction.    2.  Where  the board of parole has issued a certificate of relief from  disabilities, the  board  may  at  any  time  issue  a  new  certificate  enlarging the relief previously granted.    3.  The board of parole shall not issue any certificate of relief from  disabilities pursuant to subdivisions one or two, unless  the  board  is  satisfied that:    (a) The person to whom it is to be granted is an eligible offender, as  defined in section seven hundred;    (b) The relief to be granted by the certificate is consistent with the  rehabilitation of the eligible offender; and    (c) The relief to be granted by the certificate is consistent with the  public interest.    4.  Any certificate of relief from disabilities issued by the board of  parole to an eligible offender who  at  time  of  the  issuance  of  the  certificate  is  under  the board's supervision, shall be deemed to be a  temporary certificate until  such  time  as  the  eligible  offender  is  discharged  from  the  board's  supervision,  and, while temporary, such  certificate may be revoked by the board for violation of the  conditions  of  parole  or  release. Revocation shall be upon notice to the parolee,  who shall be accorded an opportunity to explain the violation  prior  to  decision  thereon. If the certificate is not so revoked, it shall become  a permanent certificate upon expiration or termination  of  the  board's  jurisdiction over the offender.    5.  In  granting or revoking a certificate of relief from disabilities  the action of the board of parole shall be  by  unanimous  vote  of  the  members  authorized  to  grant  or  revoke  parole. Such action shall be  deemed a judicial function and shall not be reviewable if done according  to law.    6. For the purpose of determining whether such  certificate  shall  be  issued, the board may conduct an investigation of the applicant.    7. Presumption based on federal recommendation. Where a certificate of  relief  from  disabilities  is  sought  pursuant  to  paragraph  (b)  of  subdivision one of this section on a judgment of conviction rendered  by  a  federal  district  court  in this state and the board of parole is in  receipt of a written recommendation in favor of  the  issuance  of  such  certificate  from the chief probation officer of the district, the board  shall  issue  the  requested  certificate  unless  it  finds  that   the  requirements of paragraphs (a), (b) and (c) of subdivision three of this  section  have not been satisfied; or that the interests of justice would  not be advanced by the issuance of the certificate.

State Codes and Statutes

Statutes > New-york > Cor > Article-23 > 703

§ 703. Certificates of relief from disabilities issued by the board of  parole.  1.  The  state  board of parole shall have the power to issue a  certificate of relief from disabilities to:    (a) any eligible offender who has been  committed  to  an  institution  under the jurisdiction of the state department of correctional services.  Such  certificate may be issued by the board at the time the offender is  released  from  such  institution  under  the  board's  supervision   or  otherwise or at any time thereafter;    (b)  any  eligible  offender  who  resides within this state and whose  judgment  of  conviction  was  rendered  by  a  court   in   any   other  jurisdiction.    2.  Where  the board of parole has issued a certificate of relief from  disabilities, the  board  may  at  any  time  issue  a  new  certificate  enlarging the relief previously granted.    3.  The board of parole shall not issue any certificate of relief from  disabilities pursuant to subdivisions one or two, unless  the  board  is  satisfied that:    (a) The person to whom it is to be granted is an eligible offender, as  defined in section seven hundred;    (b) The relief to be granted by the certificate is consistent with the  rehabilitation of the eligible offender; and    (c) The relief to be granted by the certificate is consistent with the  public interest.    4.  Any certificate of relief from disabilities issued by the board of  parole to an eligible offender who  at  time  of  the  issuance  of  the  certificate  is  under  the board's supervision, shall be deemed to be a  temporary certificate until  such  time  as  the  eligible  offender  is  discharged  from  the  board's  supervision,  and, while temporary, such  certificate may be revoked by the board for violation of the  conditions  of  parole  or  release. Revocation shall be upon notice to the parolee,  who shall be accorded an opportunity to explain the violation  prior  to  decision  thereon. If the certificate is not so revoked, it shall become  a permanent certificate upon expiration or termination  of  the  board's  jurisdiction over the offender.    5.  In  granting or revoking a certificate of relief from disabilities  the action of the board of parole shall be  by  unanimous  vote  of  the  members  authorized  to  grant  or  revoke  parole. Such action shall be  deemed a judicial function and shall not be reviewable if done according  to law.    6. For the purpose of determining whether such  certificate  shall  be  issued, the board may conduct an investigation of the applicant.    7. Presumption based on federal recommendation. Where a certificate of  relief  from  disabilities  is  sought  pursuant  to  paragraph  (b)  of  subdivision one of this section on a judgment of conviction rendered  by  a  federal  district  court  in this state and the board of parole is in  receipt of a written recommendation in favor of  the  issuance  of  such  certificate  from the chief probation officer of the district, the board  shall  issue  the  requested  certificate  unless  it  finds  that   the  requirements of paragraphs (a), (b) and (c) of subdivision three of this  section  have not been satisfied; or that the interests of justice would  not be advanced by the issuance of the certificate.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-23 > 703

§ 703. Certificates of relief from disabilities issued by the board of  parole.  1.  The  state  board of parole shall have the power to issue a  certificate of relief from disabilities to:    (a) any eligible offender who has been  committed  to  an  institution  under the jurisdiction of the state department of correctional services.  Such  certificate may be issued by the board at the time the offender is  released  from  such  institution  under  the  board's  supervision   or  otherwise or at any time thereafter;    (b)  any  eligible  offender  who  resides within this state and whose  judgment  of  conviction  was  rendered  by  a  court   in   any   other  jurisdiction.    2.  Where  the board of parole has issued a certificate of relief from  disabilities, the  board  may  at  any  time  issue  a  new  certificate  enlarging the relief previously granted.    3.  The board of parole shall not issue any certificate of relief from  disabilities pursuant to subdivisions one or two, unless  the  board  is  satisfied that:    (a) The person to whom it is to be granted is an eligible offender, as  defined in section seven hundred;    (b) The relief to be granted by the certificate is consistent with the  rehabilitation of the eligible offender; and    (c) The relief to be granted by the certificate is consistent with the  public interest.    4.  Any certificate of relief from disabilities issued by the board of  parole to an eligible offender who  at  time  of  the  issuance  of  the  certificate  is  under  the board's supervision, shall be deemed to be a  temporary certificate until  such  time  as  the  eligible  offender  is  discharged  from  the  board's  supervision,  and, while temporary, such  certificate may be revoked by the board for violation of the  conditions  of  parole  or  release. Revocation shall be upon notice to the parolee,  who shall be accorded an opportunity to explain the violation  prior  to  decision  thereon. If the certificate is not so revoked, it shall become  a permanent certificate upon expiration or termination  of  the  board's  jurisdiction over the offender.    5.  In  granting or revoking a certificate of relief from disabilities  the action of the board of parole shall be  by  unanimous  vote  of  the  members  authorized  to  grant  or  revoke  parole. Such action shall be  deemed a judicial function and shall not be reviewable if done according  to law.    6. For the purpose of determining whether such  certificate  shall  be  issued, the board may conduct an investigation of the applicant.    7. Presumption based on federal recommendation. Where a certificate of  relief  from  disabilities  is  sought  pursuant  to  paragraph  (b)  of  subdivision one of this section on a judgment of conviction rendered  by  a  federal  district  court  in this state and the board of parole is in  receipt of a written recommendation in favor of  the  issuance  of  such  certificate  from the chief probation officer of the district, the board  shall  issue  the  requested  certificate  unless  it  finds  that   the  requirements of paragraphs (a), (b) and (c) of subdivision three of this  section  have not been satisfied; or that the interests of justice would  not be advanced by the issuance of the certificate.