Some parolees qualify for a Merit Termination of Sentence granted by the Division of Parole prior to the Maximum Expiration Date of the sentence. This means that the particular sentence is terminated and the parolee will no longer be under the jurisdiction of the Division of Parole.
Generally, non-violent felony offenders who meet the requirements of Section 259-j of the Executive Law may be eligible for a Merit Termination of Sentence. All violent felony offenders, a majority of sex offenders and those convicted of other offenses enumerated in Section 259-j of the Executive Law are not eligible for a merit termination of sentence. Changes in 2004 to Section 259-j, Laws of 2004, Chapter 738, have expanded Merit Termination availability.
Individuals not being supervised in New York State pursuant to the Interstate Compact, and those not eligible for deportation or in the custody of ICE/BICE, are not included. Eligible releasees shall be considered for a possible Merit Termination of Sentence after one year of community supervision. Article 220 Class A-felony offenders may be considered after two years of community supervision.
The Merit Termination of Sentence can be granted only when it has been determined that it is in the best interest of society to do so and that you have made a good faith effort to comply with any restitution order and/or pay any mandatory court surcharge.
Your Parole Officer can answer questions and discuss the particulars of a Merit Termination of Sentence with you anytime throughout your period of parole supervision.
his crime was om manslaughter on the 2nd degree
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).