S T A T E O F N E W Y O R K
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11320
I N A S S E M B L Y
May 11, 2026
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Otis) --
read once and referred to the Committee on Correction
AN ACT to amend the executive law and the correction law, in relation to
prohibiting the use of artificial intelligence in parole determi-
nations and the development transitional accountability plans
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 259-c of the executive law, as
amended by chapter 322 of the laws of 2021, is amended to read as
follows:
4. establish written procedures for its use in making parole decisions
as required by law. Such written procedures shall incorporate risk and
needs principles to measure the rehabilitation of persons appearing
before the board, the likelihood of success of such persons upon
release, and assist members of the state board of parole in determining
which incarcerated individuals may be released to parole supervision;
PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY NOT USE "ARTIFICIAL INTELLI-
GENCE" AS DEFINED BY SECTION SEVENTEEN HUNDRED OF THE GENERAL BUSINESS
LAW, AN "ARTIFICIAL INTELLIGENCE MODEL" AS DEFINED BY SECTION FOURTEEN
HUNDRED TWENTY OF THE GENERAL BUSINESS LAW, OR AN "ARTIFICIAL INTELLI-
GENCE SYSTEM" AS DEFINED BY SECTION ONE HUNDRED THREE-E OF THE STATE
TECHNOLOGY LAW IN EVALUATING THE RISK AND NEEDS PRINCIPLES USED TO MEAS-
URE THE REHABILITATION OF PERSONS APPEARING BEFORE THE BOARD, IN DETER-
MINING WHICH INCARCERATED INDIVIDUALS MAY BE RELEASED TO PAROLE SUPER-
VISION, OR IN DETERMINING THE LEVEL OF SUPERVISION FOR PERSONS WHO ARE
RELEASED ON PAROLE; PROVIDED FURTHER, HOWEVER, THAT EACH PERSON APPROVED
FOR RELEASE AND THE LEVEL OF SUPERVISION ASSIGNED TO SUCH PERSON SHALL
BE APPROVED IN WRITING BY THE BOARD OF PAROLE OR ITS DESIGNEE;
§ 2. Section 71-a of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 71-a. Transitional accountability plan. Upon admission of an incar-
cerated individual committed to the custody of the department under an
indeterminate or determinate sentence of imprisonment, the department
shall develop a transitional accountability plan. Such plan shall be a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15751-01-6
A. 11320 2
comprehensive, dynamic and individualized case management plan based on
the programming and treatment needs of the incarcerated individual. The
purpose of such plan shall be to promote the rehabilitation of the
incarcerated individual and their successful and productive reentry and
reintegration into society upon release. To that end, such plan shall be
used to prioritize programming and treatment services for the incarcer-
ated individual during incarceration and any period of community super-
vision. The commissioner may consult with the office of mental health,
the office of alcoholism and substance abuse services, the board of
parole, the department of health, and other appropriate agencies in the
development of transitional case management plans; PROVIDED, HOWEVER,
THAT THE DEPARTMENT MAY NOT USE "ARTIFICIAL INTELLIGENCE" AS DEFINED BY
SECTION SEVENTEEN HUNDRED OF THE GENERAL BUSINESS LAW, AN "ARTIFICIAL
INTELLIGENCE MODEL" AS DEFINED BY SECTION FOURTEEN HUNDRED TWENTY OF THE
GENERAL BUSINESS LAW OR AN "ARTIFICIAL INTELLIGENCE SYSTEM" AS DEFINED
BY SECTION ONE HUNDRED THREE-E OF THE STATE TECHNOLOGY LAW IN THE DEVEL-
OPMENT OF THE PLAN REQUIRED PURSUANT TO THIS SECTION AND, PROVIDED
FURTHER, HOWEVER, THAT EACH PLAN DEVELOPED FOR AN INCARCERATED INDIVID-
UAL PURSUANT TO THIS SECTION SHALL BE APPROVED IN WRITING BY THE COMMIS-
SIONER OR THE COMMISSIONER'S DESIGNEE.
§ 3. This act shall take effect immediately.