STATE OF NEW YORK
________________________________________________________________________
7029
2025-2026 Regular Sessions
IN SENATE
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:
1 Section 1. Subdivision 2 of section 851 of the correction law, as
2 amended by section 228 of chapter 322 of the laws of 2021, is amended to
3 read as follows:
4 2. "Eligible incarcerated individual" means: a person confined in an
5 institution who is eligible for release on parole or who will become
6 eligible for release on parole or conditional release within two years.
7 [Provided, however, that a person under sentence for an offense defined
8 in paragraphs (a) and (b) of subdivision one of section 70.02 of the
9 penal law, where such offense involved the use or threatened use of a
10 deadly weapon or dangerous instrument shall not be eligible to partic-
11 ipate in a work release program until he or she is eligible for release
12 on parole or who will be eligible for release on parole or conditional
13 release within eighteen months. Provided, further, however, that a
14 person under a determinate sentence as a second felony drug offender for
15 a class B felony offense defined in article two hundred twenty of the
16 penal law, who was sentenced pursuant to section 70.70 of such law,
17 shall not be eligible to participate in a temporary release program
18 until the time served under imprisonment for his or her determinate
19 sentence, including any jail time credited pursuant to the provisions of
20 article seventy of the penal law, shall be at least eighteen months.] In
21 the case of a person serving an indeterminate sentence of imprisonment
22 imposed pursuant to the penal law in effect after September one, nine-
23 teen hundred sixty-seven, for the purposes of this article parole eligi-
24 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
1 ment fixed by the court or where the court has not fixed any period,
2 after service of the minimum period fixed by the state board of parole.
3 If an incarcerated individual is denied release on parole, such incar-
4 cerated individual shall not be deemed an eligible incarcerated individ-
5 ual until [he or she] such incarcerated individual is within two years
6 of [his or her] such incarcerated individual's next scheduled appearance
7 before the state parole board. In any case where an incarcerated indi-
8 vidual is denied release on parole while participating in a temporary
9 release program, the department shall review the status of the incarcer-
10 ated individual to determine if continued placement in the program is
11 appropriate. No person convicted of any escape or absconding offense
12 defined in article two hundred five of the penal law shall be eligible
13 for temporary release. [Further, no person under sentence for aggravated
14 harassment of an employee by an incarcerated individual as defined in
15 section 240.32 of the penal law for, any homicide offense defined in
16 article one hundred twenty-five of the penal law, for any sex offense
17 defined in article one hundred thirty of the penal law, or for an
18 offense defined in section 255.25, 255.26 or 255.27 of the penal law
19 shall be eligible to participate in a work release program as defined in
20 subdivision three of this section. Nor shall any person under sentence
21 for any sex offense defined in article one hundred thirty of the penal
22 law be eligible to participate in a community services program as
23 defined in subdivision five of this section. Notwithstanding the forego-
24 ing, no person who is an otherwise eligible incarcerated individual who
25 is under sentence for a crime involving: (a) infliction of serious phys-
26 ical injury upon another as defined in the penal law or (b) any other
27 offense involving the use or threatened use of a deadly weapon may
28 participate in a temporary release program without the written approval
29 of the commissioner.] The commissioner shall promulgate regulations
30 giving direction to the temporary release committee at each institution
31 in order to aid such committees in carrying out this mandate.
32 [The governor, by executive order, may exclude or limit the partic-
33 ipation of any class of otherwise eligible incarcerated individuals from
34 participation in a temporary release program. Nothing in this paragraph
35 shall be construed to affect either the validity of any executive order
36 previously issued limiting the participation of otherwise eligible
37 incarcerated individuals in such program or the authority of the commis-
38 sioner to impose appropriate regulations limiting such participation.]
39 § 2. Subdivision 2 of section 851 of the correction law, as amended by
40 section 228-b of chapter 322 of the laws of 2021, is amended to read as
41 follows:
42 2. "Eligible incarcerated individual" means: a person confined in an
43 institution who is eligible for release on parole or who will become
44 eligible for release on parole or conditional release within two years.
45 [Provided, that a person under a determinate sentence as a second felony
46 drug offender for a class B felony offense defined in article two
47 hundred twenty of the penal law, who was sentenced pursuant to section
48 70.70 of such law, shall not be eligible to participate in a temporary
49 release program until the time served under imprisonment for his or her
50 determinate sentence, including any jail time credited pursuant to the
51 provisions of article seventy of the penal law, shall be at least eigh-
52 teen months.] In the case of a person serving an indeterminate sentence
53 of imprisonment imposed pursuant to the penal law in effect after
54 September one, nineteen hundred sixty-seven, for the purposes of this
55 article parole eligibility shall be upon the expiration of the minimum
56 period of imprisonment fixed by the court or where the court has not
S. 7029 3
1 fixed any period, after service of the minimum period fixed by the state
2 board of parole. [If an incarcerated individual is denied release on
3 parole, such incarcerated individual shall not be deemed an eligible
4 incarcerated individual until he or she is within two years of his or
5 her next scheduled appearance before the state parole board.] In any
6 case where an incarcerated individual is denied release on parole while
7 participating in a temporary release program, the department shall
8 review the status of the incarcerated individual to determine if contin-
9 ued placement in the program is appropriate. No person convicted of any
10 escape or absconding offense defined in article two hundred five of the
11 penal law shall be eligible for temporary release. [Nor shall any person
12 under sentence for any sex offense defined in article one hundred thirty
13 of the penal law be eligible to participate in a community services
14 program as defined in subdivision five of this section. Notwithstanding
15 the foregoing, no person who is an otherwise eligible incarcerated indi-
16 vidual who is under sentence for a crime involving: (a) infliction of
17 serious physical injury upon another as defined in the penal law, (b) a
18 sex offense involving forcible compulsion, or (c) any other offense
19 involving the use or threatened use of a deadly weapon may participate
20 in a temporary release program without the written approval of the
21 commissioner.] An incarcerated individual shall not be eligible for work
22 release if such incarcerated individual is subject to a sentence imposed
23 for aggravated murder as defined in section 125.26 of the penal law,
24 murder in the first degree as defined in section 125.27 of the penal
25 law, rape in the third degree as defined in section 130.25 of the penal
26 law, rape in the second degree as defined in section 130.30 of the penal
27 law, rape in the first degree as defined in section 130.35 of the penal
28 law, criminal sexual act in the second degree as defined in section
29 130.45 of the penal law, criminal sexual act in the first degree as
30 defined in section 130.50 of the penal law, persistent sexual abuse as
31 defined in section 130.53 of the penal law, sexual abuse in the first
32 degree as defined in section 130.65 of the penal law, aggravated sexual
33 abuse in the third degree as defined in section 130.66 of the penal law,
34 aggravated sexual abuse in the second degree as defined in section
35 130.67 of the penal law, aggravated sexual abuse in the first degree as
36 defined in section 130.70 of the penal law, course of sexual conduct
37 against a child in the first degree as defined in section 130.75 of the
38 penal law, course of sexual conduct against a child in the second degree
39 as defined in section 130.80 of the penal law, predatory sexual assault
40 as defined in section 130.95 of the penal law, predatory sexual assault
41 against a child as defined in section 130.96 of the penal law, promoting
42 prostitution in the second degree as defined in section 230.30 of the
43 penal law, promoting prostitution in the first degree as defined in
44 section 230.32 of the penal law, compelling prostitution as defined in
45 section 230.33 of the penal law, sex trafficking as defined in section
46 230.34 of the penal law, incest in the first or second degree as defined
47 in article two hundred fifty-five of the penal law, an offense of
48 terrorism defined in article four hundred ninety of the penal law, or an
49 attempt or a conspiracy to commit any such offense. The commissioner
50 shall promulgate regulations giving direction to the temporary release
51 committee at each institution in order to aid such committees in carry-
52 ing out this mandate.
53 [The governor, by executive order, may exclude or limit the partic-
54 ipation of any class of otherwise eligible incarcerated individuals from
55 participation in a temporary release program. Nothing in this paragraph
56 shall be construed to affect either the validity of any executive order
S. 7029 4
1 previously issued limiting the participation of otherwise eligible
2 incarcerated individuals in such program or the authority of the commis-
3 sioner to impose appropriate regulations limiting such participation.]
4 § 3. Subdivision 2-a of section 851 of the correction law, as amended
5 by chapter 322 of the laws of 2021, is amended to read as follows:
6 2-a. Notwithstanding subdivision two of this section, the term "eligi-
7 ble incarcerated individual" shall also include a person confined in an
8 institution who is eligible for release on parole or who will become
9 eligible for release on parole or conditional release within [two] four
10 years, and who was convicted of a homicide offense as defined in article
11 one hundred twenty-five of the penal law or an assault offense defined
12 in article one hundred twenty of the penal law, and who can demonstrate
13 to the commissioner that: (a) the victim of such homicide or assault was
14 a member of the incarcerated individual's immediate family as that term
15 is defined in section 120.40 of the penal law or had a child in common
16 with the incarcerated individual; (b) the incarcerated individual was
17 subjected to substantial physical, sexual or psychological abuse commit-
18 ted by the victim of such homicide or assault; and (c) such abuse was a
19 substantial factor in causing the incarcerated individual to commit such
20 homicide or assault. With respect to an incarcerated individual's claim
21 that [he or she] such incarcerated individual was subjected to substan-
22 tial physical, sexual or psychological abuse committed by the victim,
23 such demonstration shall include corroborative material that may
24 include, but is not limited to, witness statements, social services
25 records, hospital records, law enforcement records and a showing based
26 in part on documentation prepared at or near the time of the commission
27 of the offense or the prosecution thereof tending to support the incar-
28 cerated individual's claim. Prior to making a determination under this
29 subdivision, the commissioner is required to request and take into
30 consideration the opinion of the district attorney who prosecuted the
31 underlying homicide or assault offense and the opinion of the sentencing
32 court. If such opinions are received within forty-five days of the
33 request, the commissioner shall take them into consideration. If such
34 opinions are not so received, the commissioner may proceed with the
35 determination. Any action by the commissioner pursuant to this subdivi-
36 sion shall be deemed a judicial function and shall not be reviewable in
37 any court.
38 § 4. Subdivision 2-b of section 851 of the correction law, as added by
39 chapter 738 of the laws of 2004, is amended to read as follows:
40 2-b. When calculating in advance the date on which a person is or will
41 be eligible for release on parole or conditional release, for purposes
42 of determining eligibility for temporary release or for placement at an
43 alcohol and substance abuse treatment correctional annex, the commis-
44 sioner shall consider and include credit for all potential credits and
45 reductions including but not limited to merit time, additional merit
46 time and good behavior allowances. Nothing in this subdivision shall be
47 interpreted as precluding the consideration and inclusion of credit for
48 all potential credits and reductions including, but not limited to,
49 merit time, additional merit time and good behavior allowances when
50 calculating in advance for any other purpose the date on which a person
51 is or will be eligible for release on parole or conditional release.
52 § 5. This act shall take effect immediately, provided however, that
53 the amendments to subdivision 2 of section 851 of the correction law
54 made by section one of this act shall be subject to the expiration and
55 reversion of such subdivision and section pursuant to subdivision (c) of
56 section 46 of chapter 60 of the laws of 1994 and section 10 of chapter
S. 7029 5
1 339 of the laws of 1972, as amended, when upon such date the provisions
2 of section two of this act shall take effect; provided further, that the
3 amendments to subdivision 2 of section 851 of the correction law made by
4 section two of this act shall expire on the same date as subdivision (c)
5 of section 46 of chapter 60 of the laws of 1994, section 10 of chapter
6 339 of the laws of 1972, and section 5 of chapter 554 of the laws of
7 1986, as amended, expire; provided further that the amendments to subdi-
8 visions 2-a and 2-b of section 851 of the correction law, made by
9 sections three and four of this act shall not affect the expiration of
10 such section and shall expire therewith.
