NY State Senate Bill 2025-S7029

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 28, 2025	referred to crime victims, crime and correction

co-Sponsors

2025-S7029 (ACTIVE) - Details

See Assembly Version of this Bill:: A3688
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §851, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7685, A9558
2021-2022: S2218, A7587
2023-2024: S4916, A6481

2025-S7029 (ACTIVE) - Summary

Relates to expanding prison work release program eligibility and participation.

2025-S7029 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7029

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law, in relation to expanding prison work
release program eligibility and participation

 
PURPOSE:

To make people who have committed certain crimes ineligible for tempo-
rary release while expanding eligibility for people who do not pose a
public safety risk.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 2 of section 851 of the correction law, as
amended by section 228 of chapter 322 of the laws of 2021 by changing
the definition of "eligible incarcerated individual," and expanding that
a person ineligible for work release to include people committed specif-
ic sex crimes and acts of terrorism or incest. Discretion to decide
eligibility and participation was restored to DOCCS and the legislature.

Section 2: Amends subdivision 2 of section 851 of the correction law, as
amended by chapter 322 section 228-b of the laws of 2021 by expanding
the list of ineligible incarcerated individuals.

Section 3: Amends subdivision 2-a of section 851 of the correction law,
as amended by chapter 322 of the laws of 2021 by expanding the defi-
nition of "eligible incarcerated individual" to include those persons
who will become eligible for parole or conditional release within four
years.

Section 4: Amends subdivision 2-b of section 851 of the correction law,
as added by chapter 738 of the laws of 2004 to include additional merit
time in calculating a person's eligibility date for parole or condi-
tional release.

Section 5: Provides an effective date.

 
JUSTIFICATION:

This legislation will ensure that incarcerated individuals who do not
pose a threat to public safety will be eligible to participate in prison
temporary release programs. At its peak in 1994, 24,055 individuals
participated in the work release program. As of 2010, program partic-
ipation has plummeted to 1,910. In the two-year period from 2009 to 2010
alone, the number of new, admissions to the program was halved - in
2009, 416 applicants were accepted into the program, while in 2010, only
201 applicants were accepted. This low admission rate is not for lack of
interest in the program. In 2010, about 24,269 incarcerated people
applied to participate in the program, but only 702 people were accepted
into work release as a standalone program or work release as part of the
Comprehensive Alcohol and Substance Abuse Treatment (CASAT) program.
This means that only 4% of all Temporary Release program applicants are
accepted into the program.

Although many prison superintendents and central office staff strongly
support increasing participation in work release, the department needs a
change in the statute to permit greater eligibility.  Eligibility does
not guarantee participation in the program, since DOCCS has discretion
about which eligible inmates are chosen for the program.

A revitalized Temporary Release program is fully consistent with the
underlying goals of the recent merger of the New York Department of
Correctional Services and the Division of Parole to form the Department
of Corrections and Community Supervision (DOCCS), which include enhanced
public safety through the promotion of individuals' successful reentry
and reintegration into the community. The Temporary Release program has
great potential to further this purpose. Temporary Release provides for
a structured transition from incarceration to life in the community,
helping participants to develop the work, educational, and basic life
management skills they need to become law-abiding, contributing members
of their communities. The evidence has shown that programs like Tempo-
rary Release are effective at reducing recidivism, which enhances public
safety.

Participation in the Temporary Release program provides a sound and
accurate picture of a person's readiness for release to the community as
a law-abiding citizen. Not only does it aid the board in making deci-
sions about readiness for release, but it can also be an invaluable
resource to help DOCCS staff identify the support a person needs while
being supervised in the community. For example, it can help identify the
need for better job skill development, the need for more education to
further career advancement, or the need for ongoing after-care to
address a substance abuse problem. Temporary Release is an exceptionally
cost-effective program. Indeed, a robust Temporary Release program is a
sure way to reduce the staggering cost of the prison system. The
program, particularly work release, saves taxpayers in two important
ways. First, it costs significantly less to house work release partic-
ipants than to house "traditional prisoners". Second, because individ-
uals involved in work release earn a taxable income, this program gener-
ates local, state, and federal tax revenues. Additionally, the proposed
legislation will ensure that work release participants are provided the
services and support necessary for success during the transitional peri-
od. Further proposals will ensure the safety and security of the public
by limiting eligible participants to those who have not committed
certain enumerated crimes.

 
LEGISLATIVE HISTORY:

S.4916 of 2023-2024; Referred to Crime Victims, Crime and Correction;

S.2218 of 2022-22: Referred to Crime Victims, Crime and Correction

S.7685 of 2020; Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effectively immediately, provided however, that the amendments to subdi-
vision 2 of section 851 of the correction law made by section one of
this act shall be subject to the expiration and reversion of such subdi-
vision and section pursuant to subdivision (c) of section 46 of chapter
60 of the laws of 1994 and section 10 of chapter 339 of the laws of
1972, as amended, when upon such date the provisions of section two of
this act shall take effect; provided further, that the amendments to
subdivision 2 of section 851 of the correction law, made by section two
of this act shall expire on the same date as subdivision (c) of section
46 of chapter 60 of the laws of 1994, section 10 of chapter 339 of the
laws of 1972, and section 5 of chapter 554 of the laws of 1996, as
amended, expire, when upon such date the provisions of section three of
this act shall rake effect; provided further that the amendments to
subdivisions 2a and 2-b of section 851 of the correction law, made by
sections four and five of this act shall not affect the expiration of
such section and shall expire therewith.

2025-S7029 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7029
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 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 correction law, in relation to expanding prison work
   release program eligibility and participation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 851 of the correction law, as
 amended by section 228 of chapter 322 of the laws of 2021, is amended to
 read as follows:
   2. "Eligible incarcerated individual" means: a person confined  in  an
 institution  who  is  eligible  for release on parole or who will become
 eligible for release on parole or conditional release within two  years.
 [Provided,  however, that a person under sentence for an offense defined
 in paragraphs (a) and (b) of subdivision one of  section  70.02  of  the
 penal  law,  where  such offense involved the use or threatened use of a
 deadly weapon or dangerous instrument shall not be eligible  to  partic-
 ipate  in a work release program until he or she is eligible for release
 on parole or who will be eligible for release on parole  or  conditional
 release  within  eighteen  months.  Provided,  further,  however, that a
 person under a determinate sentence as a second felony drug offender for
 a class B felony offense defined in article two hundred  twenty  of  the
 penal  law,  who  was  sentenced  pursuant to section 70.70 of such law,
 shall not be eligible to participate  in  a  temporary  release  program
 until  the  time  served  under  imprisonment for his or her determinate
 sentence, including any jail time credited pursuant to the provisions of
 article seventy of the penal law, shall be at least eighteen months.] In
 the case of a person serving an indeterminate sentence  of  imprisonment
 imposed  pursuant  to the penal law in effect after September one, nine-
 teen hundred sixty-seven, for the purposes of this article parole eligi-
 bility shall be upon the expiration of the minimum period  of  imprison-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07368-01-5

 S. 7029                             2
 
 ment  fixed  by  the  court or where the court has not fixed any period,
 after service of the minimum period fixed by the state board of  parole.
 If  an  incarcerated individual is denied release on parole, such incar-
 cerated individual shall not be deemed an eligible incarcerated individ-
 ual  until  [he or she] SUCH INCARCERATED INDIVIDUAL is within two years
 of [his or her] SUCH INCARCERATED INDIVIDUAL'S next scheduled appearance
 before the state parole board. In any case where an  incarcerated  indi-
 vidual  is  denied  release on parole while participating in a temporary
 release program, the department shall review the status of the incarcer-
 ated individual to determine if continued placement in  the  program  is
 appropriate.  No  person  convicted  of any escape or absconding offense
 defined in article two hundred five of the penal law shall  be  eligible
 for temporary release. [Further, no person under sentence for aggravated
 harassment  of  an  employee by an incarcerated individual as defined in
 section 240.32 of the penal law for, any  homicide  offense  defined  in
 article  one  hundred  twenty-five of the penal law, for any sex offense
 defined in article one hundred thirty  of  the  penal  law,  or  for  an
 offense  defined  in  section  255.25, 255.26 or 255.27 of the penal law
 shall be eligible to participate in a work release program as defined in
 subdivision three of this section. Nor shall any person  under  sentence
 for  any  sex offense defined in article one hundred thirty of the penal
 law be eligible to  participate  in  a  community  services  program  as
 defined in subdivision five of this section. Notwithstanding the forego-
 ing,  no person who is an otherwise eligible incarcerated individual who
 is under sentence for a crime involving: (a) infliction of serious phys-
 ical injury upon another as defined in the penal law or  (b)  any  other
 offense  involving  the  use  or  threatened  use of a deadly weapon may
 participate in a temporary release program without the written  approval
 of  the  commissioner.]  The  commissioner  shall promulgate regulations
 giving direction to the temporary release committee at each  institution
 in order to aid such committees in carrying out this mandate.
   [The  governor,  by  executive order, may exclude or limit the partic-
 ipation of any class of otherwise eligible incarcerated individuals from
 participation in a temporary release program. Nothing in this  paragraph
 shall  be construed to affect either the validity of any executive order
 previously issued  limiting  the  participation  of  otherwise  eligible
 incarcerated individuals in such program or the authority of the commis-
 sioner to impose appropriate regulations limiting such participation.]
   § 2. Subdivision 2 of section 851 of the correction law, as amended by
 section  228-b of chapter 322 of the laws of 2021, is amended to read as
 follows:
   2. "Eligible incarcerated individual" means: a person confined  in  an
 institution  who  is  eligible  for release on parole or who will become
 eligible for release on parole or conditional release within two  years.
 [Provided, that a person under a determinate sentence as a second felony
 drug  offender  for  a  class  B  felony  offense defined in article two
 hundred twenty of the penal law, who was sentenced pursuant  to  section
 70.70  of  such law, shall not be eligible to participate in a temporary
 release program until the time served under imprisonment for his or  her
 determinate  sentence,  including any jail time credited pursuant to the
 provisions of article seventy of the penal law, shall be at least  eigh-
 teen  months.] In the case of a person serving an indeterminate sentence
 of imprisonment imposed pursuant  to  the  penal  law  in  effect  after
 September  one,  nineteen  hundred sixty-seven, for the purposes of this
 article parole eligibility shall be upon the expiration of  the  minimum
 period  of  imprisonment  fixed  by the court or where the court has not
 S. 7029                             3
 
 fixed any period, after service of the minimum period fixed by the state
 board of parole. [If an incarcerated individual  is  denied  release  on
 parole,  such  incarcerated  individual  shall not be deemed an eligible
 incarcerated  individual  until  he or she is within two years of his or
 her next scheduled appearance before the state  parole  board.]  In  any
 case  where an incarcerated individual is denied release on parole while
 participating in a  temporary  release  program,  the  department  shall
 review the status of the incarcerated individual to determine if contin-
 ued  placement in the program is appropriate. No person convicted of any
 escape or absconding offense defined in article two hundred five of  the
 penal law shall be eligible for temporary release. [Nor shall any person
 under sentence for any sex offense defined in article one hundred thirty
 of  the  penal  law  be  eligible to participate in a community services
 program as defined in subdivision five of this section.  Notwithstanding
 the foregoing, no person who is an otherwise eligible incarcerated indi-
 vidual who is under sentence for a crime involving:  (a)  infliction  of
 serious  physical injury upon another as defined in the penal law, (b) a
 sex offense involving forcible compulsion,  or  (c)  any  other  offense
 involving  the  use or threatened use of a deadly weapon may participate
 in a temporary release program  without  the  written  approval  of  the
 commissioner.] AN INCARCERATED INDIVIDUAL SHALL NOT BE ELIGIBLE FOR WORK
 RELEASE IF SUCH INCARCERATED INDIVIDUAL IS SUBJECT TO A SENTENCE IMPOSED
 FOR  AGGRAVATED  MURDER  AS  DEFINED IN SECTION 125.26 OF THE PENAL LAW,
 MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION  125.27  OF  THE  PENAL
 LAW,  RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL
 LAW, RAPE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.30 OF THE PENAL
 LAW, RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35 OF THE  PENAL
 LAW,  CRIMINAL  SEXUAL  ACT  IN  THE SECOND DEGREE AS DEFINED IN SECTION
 130.45 OF THE PENAL LAW, CRIMINAL SEXUAL ACT  IN  THE  FIRST  DEGREE  AS
 DEFINED  IN  SECTION 130.50 OF THE PENAL LAW, PERSISTENT SEXUAL ABUSE AS
 DEFINED IN SECTION 130.53 OF THE PENAL LAW, SEXUAL ABUSE  IN  THE  FIRST
 DEGREE  AS DEFINED IN SECTION 130.65 OF THE PENAL LAW, AGGRAVATED SEXUAL
 ABUSE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.66 OF THE PENAL LAW,
 AGGRAVATED SEXUAL ABUSE IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
 130.67  OF THE PENAL LAW, AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE AS
 DEFINED IN SECTION 130.70 OF THE PENAL LAW,  COURSE  OF  SEXUAL  CONDUCT
 AGAINST  A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 130.75 OF THE
 PENAL LAW, COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE
 AS DEFINED IN SECTION 130.80 OF THE PENAL LAW, PREDATORY SEXUAL  ASSAULT
 AS  DEFINED IN SECTION 130.95 OF THE PENAL LAW, PREDATORY SEXUAL ASSAULT
 AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL LAW, PROMOTING
 PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION  230.30  OF  THE
 PENAL  LAW,  PROMOTING  PROSTITUTION  IN  THE FIRST DEGREE AS DEFINED IN
 SECTION 230.32 OF THE PENAL LAW, COMPELLING PROSTITUTION AS  DEFINED  IN
 SECTION  230.33  OF THE PENAL LAW, SEX TRAFFICKING AS DEFINED IN SECTION
 230.34 OF THE PENAL LAW, INCEST IN THE FIRST OR SECOND DEGREE AS DEFINED
 IN ARTICLE TWO HUNDRED FIFTY-FIVE  OF  THE  PENAL  LAW,  AN  OFFENSE  OF
 TERRORISM DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, OR AN
 ATTEMPT  OR  A  CONSPIRACY  TO COMMIT ANY SUCH OFFENSE. The commissioner
 shall promulgate regulations giving direction to the  temporary  release
 committee  at each institution in order to aid such committees in carry-
 ing out this mandate.
   [The governor, by executive order, may exclude or  limit  the  partic-
 ipation of any class of otherwise eligible incarcerated individuals from
 participation  in a temporary release program. Nothing in this paragraph
 shall be construed to affect either the validity of any executive  order
 S. 7029                             4

 previously  issued  limiting  the  participation  of  otherwise eligible
 incarcerated individuals in such program or the authority of the commis-
 sioner to impose appropriate regulations limiting such participation.]
   §  3. Subdivision 2-a of section 851 of the correction law, as amended
 by chapter 322 of the laws of 2021, is amended to read as follows:
   2-a. Notwithstanding subdivision two of this section, the term "eligi-
 ble incarcerated individual" shall also include a person confined in  an
 institution  who  is  eligible  for release on parole or who will become
 eligible for release on parole or conditional release within [two]  FOUR
 years, and who was convicted of a homicide offense as defined in article
 one  hundred  twenty-five of the penal law or an assault offense defined
 in article one hundred twenty of the penal law, and who can  demonstrate
 to the commissioner that: (a) the victim of such homicide or assault was
 a  member of the incarcerated individual's immediate family as that term
 is defined in section 120.40 of the penal law or had a child  in  common
 with  the  incarcerated  individual; (b) the incarcerated individual was
 subjected to substantial physical, sexual or psychological abuse commit-
 ted by the victim of such homicide or assault; and (c) such abuse was  a
 substantial factor in causing the incarcerated individual to commit such
 homicide  or assault. With respect to an incarcerated individual's claim
 that [he or she] SUCH INCARCERATED INDIVIDUAL was subjected to  substan-
 tial  physical,  sexual  or psychological abuse committed by the victim,
 such  demonstration  shall  include  corroborative  material  that   may
 include,  but  is  not  limited  to, witness statements, social services
 records, hospital records, law enforcement records and a  showing  based
 in  part on documentation prepared at or near the time of the commission
 of the offense or the prosecution thereof tending to support the  incar-
 cerated  individual's  claim. Prior to making a determination under this
 subdivision, the commissioner is  required  to  request  and  take  into
 consideration  the  opinion  of the district attorney who prosecuted the
 underlying homicide or assault offense and the opinion of the sentencing
 court. If such opinions are  received  within  forty-five  days  of  the
 request,  the  commissioner  shall take them into consideration. If such
 opinions are not so received, the  commissioner  may  proceed  with  the
 determination.  Any action by the commissioner pursuant to this subdivi-
 sion shall be deemed a judicial function and shall not be reviewable  in
 any court.
   § 4. Subdivision 2-b of section 851 of the correction law, as added by
 chapter 738 of the laws of 2004, is amended to read as follows:
   2-b. When calculating in advance the date on which a person is or will
 be  eligible  for release on parole or conditional release, for purposes
 of determining eligibility for temporary release or for placement at  an
 alcohol  and  substance  abuse treatment correctional annex, the commis-
 sioner shall consider and include credit for all potential  credits  and
 reductions  including  but  not  limited to merit time, ADDITIONAL MERIT
 TIME and good behavior allowances. Nothing in this subdivision shall  be
 interpreted  as precluding the consideration and inclusion of credit for
 all potential credits and reductions  including,  but  not  limited  to,
 merit  time,  ADDITIONAL  MERIT  TIME  and good behavior allowances when
 calculating in advance for any other purpose the date on which a  person
 is or will be eligible for release on parole or conditional release.
   §  5.  This  act shall take effect immediately, provided however, that
 the amendments to subdivision 2 of section 851  of  the  correction  law
 made  by  section one of this act shall be subject to the expiration and
 reversion of such subdivision and section pursuant to subdivision (c) of
 section 46 of chapter 60 of the laws of 1994 and section 10  of  chapter
 S. 7029                             5
 
 339  of the laws of 1972, as amended, when upon such date the provisions
 of section two of this act shall take effect; provided further, that the
 amendments to subdivision 2 of section 851 of the correction law made by
 section two of this act shall expire on the same date as subdivision (c)
 of  section  46 of chapter 60 of the laws of 1994, section 10 of chapter
 339 of the laws of 1972, and section 5 of chapter 554  of  the  laws  of
 1986, as amended, expire; provided further that the amendments to subdi-
 visions  2-a  and  2-b  of  section  851  of the correction law, made by
 sections three and four of this act shall not affect the  expiration  of
 such section and shall expire therewith.

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Senate Bill S7029

Sponsored By

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

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co-Sponsors

2025-S7029 (ACTIVE) - Details

2025-S7029 (ACTIVE) - Summary

2025-S7029 (ACTIVE) - Sponsor Memo

2025-S7029 (ACTIVE) - Bill Text download pdf

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Senate Bill S7029

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Sponsored By

Luis R. Sepúlveda

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

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co-Sponsors

Leroy Comrie

2025-S7029 (ACTIVE) - Details

2025-S7029 (ACTIVE) - Summary

2025-S7029 (ACTIVE) - Sponsor Memo

2025-S7029 (ACTIVE) - Bill Text download pdf

Comments