703-B - Issuance of certificate of good conduct.

§  703-b.  Issuance of certificate of good conduct. 1. The state board  of parole, or any three members thereof by unanimous  vote,  shall  have  the  power  to  issue  a  certificate  of  good  conduct  to  any person  previously convicted of a  crime  in  this  state,  when  the  board  is  satisfied that:    (a)  The  applicant  has conducted himself in a manner warranting such  issuance for a minimum period  in  accordance  with  the  provisions  of  subdivision three of this section;    (b) The relief to be granted by the certificate is consistent with the  rehabilitation of the applicant; and    (c) The relief to be granted is consistent with the public interest.    2.  The  state  board  of  parole,  or  any  three  members thereof by  unanimous vote, shall have the power to  issue  a  certificate  of  good  conduct  to  any  person  previously  convicted  of a crime in any other  jurisdiction, when the board is satisfied that:    (a) The applicant has demonstrated that there exist specific facts and  circumstances, and specific sections of New York state law that have  an  adverse  impact  on the applicant and warrant the application for relief  to be made in New York; and    (b) The provisions of paragraphs (a), (b) and (c) of  subdivision  one  of this section have been met.    3. The minimum period of good conduct by the individual referred to in  paragraph  (a)  of subdivision one of this section, shall be as follows:  where the most serious crime of which the individual was convicted is  a  misdemeanor, the minimum period of good conduct shall be one year; where  the  most serious crime of which the individual was convicted is a class  C, D or E felony, the minimum period of  good  conduct  shall  be  three  years;  and,  where  the  most serious crime of which the individual was  convicted is a class B or A felony, the minimum period of  good  conduct  shall  be five years. Criminal acts committed outside the state shall be  classified as acts committed within  the  state  based  on  the  maximum  sentence  that  could  have  been  imposed  based  upon  such conviction  pursuant to the laws of such foreign jurisdiction. Such  minimum  period  of good conduct by the individual shall be measured either from the date  of  the  payment  of  any  fine  imposed  upon  him or the suspension of  sentence, or from the date of his  unrevoked  release  from  custody  by  parole, commutation or termination of his sentence. The board shall have  power  and  it  shall  be  its duty to investigate all persons when such  application is made and to grant or deny the same  within  a  reasonable  time after the making of the application.    4. Where the board of parole has issued a certificate of good conduct,  the  board  may at any time issue a new certificate enlarging the relief  previously granted.    5. Any certificate of good conduct  by  the  board  of  parole  to  an  individual  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 individual 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 individual.