NY State Senate Bill 2025-S5792

Senate Bill S5792

2025-2026 Legislative Session

Relates to permitting a qualified incarcerated individual eligible for early release to receive a conditional release

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Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2025	referred to crime victims, crime and correction

co-Sponsors

2025-S5792 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4565
2021-2022: S2202
2023-2024: S4919

2025-S5792 (ACTIVE) - Summary

Relates to permitting an incarcerated individual who has had a final order of deportation issued against such incarcerated individual, has not been convicted of an A-1 felony and who is eligible for early release to receive a conditional release.

2025-S5792 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5792

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the executive law, in relation to permitting a qualified
incarcerated individual eligible for early release to receive a condi-
tional release

 
PURPOSE:

To permit a qualified incarcerated individual eligible for early release
to receive a conditional release.

 
SUMMARY OF PROVISIONS:

This bill amends Executive Law § 259-i (2)(d)(1) to permit an inmate who
has a deportation order to be deported at their earliest release date.

 
JUSTIFICATION:

A limited credit time allowance (LCTA) takes six months off certain
prisoners' minimum sentences if they complete qualifying programs and
maintain a good disciplinary record. In the past, the parole board
released most prisoners from foreign countries who earned such credit to
deportation at their LCTA release dates. A few years ago, the board
decided such foreign inmates were not eligible for LCTA release because
Executive Law states that such inmates must have served their "minimum
period of imprisonment imposed by the court" before being eligible for
conditional release to deportation. LCTA is granted by DOCCS under
Correction Law § 803-B and approved by the parole board, but is not
imposed by the court, so the board decided they did not have the author-
ity to release such people to deportation. This bill corrects that over-
sight and grants the board the authority to release foreign incarcerated
individuals at the same time incarcerated Americans are eligible for
release.

 
LEGISLATIVE HISTORY:

S.4919 of 2023-2024; Referred to Crime Victims, Crime and Correction;

S.2202 of 2021-22; Referred to Crime Victims, Crime and Correction

S.4565 of 2019-20; Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

It will save the state money by allowing foreign incarcerated individ-
uals to be released from their terms of incarceration six months sooner.

 
EFFECTIVE DATE:
Immediately.

2025-S5792 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5792
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced by Sens. SEPULVEDA, COMRIE -- read twice and ordered printed,
   and  when  printed  to be committed to the Committee on Crime Victims,
   Crime and Correction
 
 AN ACT to amend the executive law, in relation to permitting a qualified
   incarcerated individual eligible for early release to receive a condi-
   tional release

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (d) of subdivision 2 of
 section 259-i of the executive law, as amended by  chapter  322  of  the
 laws of 2021, is amended to read as follows:
   (i)  Notwithstanding  the provisions of paragraphs (a), (b) and (c) of
 this subdivision, after the incarcerated individual has served  [his  or
 her]  SUCH  INCARCERATED  INDIVIDUAL'S  minimum  period  of imprisonment
 imposed by the court OR IS ELIGIBLE FOR EARLY RELEASE FROM IMPRISONMENT,
 or at any time after the incarcerated individual's period  of  imprison-
 ment  has commenced for an incarcerated individual serving a determinate
 or indeterminate term of imprisonment, provided  that  the  incarcerated
 individual  has  had a final order of deportation issued against [him or
 her] SUCH INCARCERATED INDIVIDUAL and provided further that  the  incar-
 cerated  individual  is  not  convicted  of either an A-I felony offense
 other than an A-I felony offense as defined in article two hundred twen-
 ty of the penal law or a violent felony offense as  defined  in  section
 70.02  of  the  penal  law, if the incarcerated individual is subject to
 deportation by the United  States  Bureau  of  Immigration  and  Customs
 Enforcement,  in  addition to the criteria set forth in paragraph (c) of
 this subdivision, the board may consider, as a factor warranting earlier
 release, the fact that such incarcerated individual  will  be  deported,
 and  may  grant  parole  from  an  indeterminate sentence or release for
 deportation from a determinate sentence to such incarcerated  individual
 conditioned  specifically on [his or her] SUCH INCARCERATED INDIVIDUAL'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10286-01-5

 S. 5792                             2
 
 prompt deportation. The board may make such conditional grant  of  early
 parole  from an indeterminate sentence or release for deportation from a
 determinate sentence only where it has received from the  United  States
 Bureau  of  Immigration  and  Customs  Enforcement assurance (A) that an
 order of deportation will be executed or that proceedings will  promptly
 be  commenced  for the purpose of deportation upon release of the incar-
 cerated individual from the custody of the  department  of  correctional
 services, and (B) that the incarcerated individual, if granted parole or
 release for deportation pursuant to this paragraph, will not be released
 from  the custody of the United States Bureau of Immigration and Customs
 Enforcement, unless such release be as a result of  deportation  without
 providing the board a reasonable opportunity to arrange for execution of
 its warrant for the retaking of such person.
   § 2. This act shall take effect immediately.

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Senate Bill S5792

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Sponsored By

Luis R. Sepúlveda