STATE OF NEW YORK
________________________________________________________________________
9362
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The executive law is amended by adding a new section 162-a
2 to read as follows:
3 § 162-a. Conditions for certain clemency releases. 1. Notwithstanding
4 any law to the contrary, in the event the governor exercises the execu-
5 tive clemency power to release incarcerated individuals in advance of
6 such individuals' scheduled release dates on the sole basis of prison
7 staff shortages, such individuals shall, as a condition of release,
8 participate in community service programs including, but not limited to,
9 litter removal, for a period of time to be determined by the courts.
10 2. Community services shall not be performed by individuals pursuant
11 to this section if such performance would displace employed workers or
12 impair existing contracts for services.
13 3. The requirements of this section shall not apply to individuals
14 who:
15 (a) have received official pardons from the governor or the president
16 of the United States;
17 (b) have been released from incarceration pursuant to conditional
18 release or other alternative programs administered by the courts or the
19 department of corrections;
20 (c) have been granted parole by the parole board; or
21 (d) have been released after completing a determinate sentence.
22 4. A court may, in its discretion, waive or substitute the require-
23 ments of this section if an individual to be released is unable to
24 comply due to disability, including old age, substance abuse treatment,
25 or other reasonable limitation as determined by the court.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13233-01-5
