Senate Bill S5792

                             
                     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.