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Assembly Bill A9362

2025-2026 Legislative Session

Requires community service as a condition of release of incarcerated individuals due to prison staffing shortages

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Current Bill Status - In Assembly Committee

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2025-A9362 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Add §162-a, Exec L

2025-A9362 (ACTIVE) - Summary

Requires community service as a condition of early release of incarcerated individuals due to prison staff shortages.

2025-A9362 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9362
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 19, 2025
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Correction
 
 AN  ACT  to  amend the executive law, in relation to requiring community
   service as a condition of release of incarcerated individuals  due  to
   prison staffing shortages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  162-a
 to read as follows:
   §  162-A. CONDITIONS FOR CERTAIN CLEMENCY RELEASES. 1. NOTWITHSTANDING
 ANY LAW TO THE CONTRARY, IN THE EVENT THE GOVERNOR EXERCISES THE  EXECU-
 TIVE  CLEMENCY  POWER  TO RELEASE INCARCERATED INDIVIDUALS IN ADVANCE OF
 SUCH INDIVIDUALS' SCHEDULED RELEASE DATES ON THE SOLE  BASIS  OF  PRISON
 STAFF  SHORTAGES,  SUCH  INDIVIDUALS  SHALL,  AS A CONDITION OF RELEASE,
 PARTICIPATE IN COMMUNITY SERVICE PROGRAMS INCLUDING, BUT NOT LIMITED TO,
 LITTER REMOVAL, FOR A PERIOD OF TIME TO BE DETERMINED BY THE COURTS.
   2. COMMUNITY SERVICES SHALL NOT BE PERFORMED BY  INDIVIDUALS  PURSUANT
 TO  THIS  SECTION IF SUCH PERFORMANCE WOULD DISPLACE EMPLOYED WORKERS OR
 IMPAIR EXISTING CONTRACTS FOR SERVICES.
   3. THE REQUIREMENTS OF THIS SECTION SHALL  NOT  APPLY  TO  INDIVIDUALS
 WHO:
   (A)  HAVE RECEIVED OFFICIAL PARDONS FROM THE GOVERNOR OR THE PRESIDENT
 OF THE UNITED STATES;
   (B) HAVE BEEN RELEASED  FROM  INCARCERATION  PURSUANT  TO  CONDITIONAL
 RELEASE  OR OTHER ALTERNATIVE PROGRAMS ADMINISTERED BY THE COURTS OR THE
 DEPARTMENT OF CORRECTIONS;
   (C) HAVE BEEN GRANTED PAROLE BY THE PAROLE BOARD; OR
   (D) HAVE BEEN RELEASED AFTER COMPLETING A DETERMINATE SENTENCE.
   4. A COURT MAY, IN ITS DISCRETION, WAIVE OR  SUBSTITUTE  THE  REQUIRE-
 MENTS  OF  THIS  SECTION  IF  AN  INDIVIDUAL TO BE RELEASED IS UNABLE TO
 COMPLY DUE TO DISABILITY, INCLUDING OLD AGE, SUBSTANCE ABUSE  TREATMENT,
 OR OTHER REASONABLE LIMITATION AS DETERMINED BY THE COURT.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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