Expands access to higher education in correctional facilities by requiring the department of corrections and community supervision to provide meaningful access to postsecondary educational programming and to establish a transparent process for incarcerated individuals to request transfers to facilities where such programs are available.
STATE OF NEW YORK
________________________________________________________________________
10502
IN SENATE
May 15, 2026
___________
Introduced by Sen. BOTTCHER -- 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 establishing access
to postsecondary educational programming and creating an educational
transfer process for incarcerated individuals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 137-a
2 to read as follows:
3 § 137-a. Postsecondary educational access and educational transfer
4 process. 1. For purposes of this section, the following terms shall have
5 the following meanings:
6 (a) "Postsecondary educational programming" shall mean any academic,
7 vocational, or certificate-bearing program offered in partnership with
8 an accredited institution of higher education or approved training
9 provider, including but not limited to degree-granting programs.
10 (b) "Educational transfer request" shall mean a request submitted by
11 an incarcerated individual seeking transfer to a correctional facility
12 that offers postsecondary educational programming not available at the
13 individual's current facility.
14 2. The department shall ensure meaningful access to postsecondary
15 educational programming for incarcerated individuals. Such access shall
16 include, but not be limited to:
17 (a) the availability of programs at multiple facilities throughout the
18 state; and
19 (b) the provision of information to incarcerated individuals regarding
20 program availability, eligibility requirements, and application proce-
21 dures.
22 3. (a) The department shall establish and maintain a formal process by
23 which incarcerated individuals may submit an educational transfer
24 request.
25 (b) Such process shall include standardized application procedures,
26 timelines for review, and mechanisms for notification of decisions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15688-01-6
S. 10502 2
1 4. In reviewing an educational transfer request, the department shall
2 consider:
3 (a) the individual's eligibility for the requested educational
4 program;
5 (b) institutional safety and security considerations;
6 (c) the individual's proximity to family and support networks, where
7 practicable;
8 (d) the individual's reentry planning needs, including educational and
9 vocational goals; and
10 (e) any other relevant factors as determined by the department,
11 provided such factors are applied consistently.
12 5. (a) The department shall issue a written determination for each
13 educational transfer request within a reasonable period of time.
14 (b) Any denial of such request shall include a clear statement of the
15 reasons for such denial.
16 (c) Educational transfer requests shall not be denied in an arbitrary
17 or discriminatory manner.
18 6. The department shall, on an annual basis, publish and make publicly
19 available a report containing:
20 (a) the number of educational transfer requests submitted;
21 (b) the number of requests approved and denied;
22 (c) the stated reasons for denials, aggregated and anonymized; and
23 (d) the availability and capacity of postsecondary educational
24 programming across correctional facilities.
25 7. The department is authorized to promulgate any rules and regu-
26 lations necessary to implement the provisions of this section.
27 § 2. This act shall take effect on the ninetieth day after it shall
28 have become a law. Effective immediately, the addition, amendment and/or
29 repeal of any rule or regulation necessary for the implementation of
30 this act on its effective date are authorized to be made and completed
31 on or before such effective date.
