What's happening
This bill allows qualified inmates eligible for early release to receive conditional release, including those subject to deportation.
Why it matters
Expands early release eligibility. By including inmates who are eligible for early release—not just those who have served their minimum sentence—the bill broadens the pool of incarcerated people who can be considered for conditional release, potentially reducing prison populations and associated costs.
Addresses immigration status in release decisions. The bill specifically allows for the conditional release of inmates with final deportation orders, recognizing the intersection of criminal justice and immigration enforcement, and facilitating more coordinated removals.
Maintains public safety guardrails. Certain serious offenders (A-I felonies not related to drug offenses and violent felonies) remain ineligible for this type of release, ensuring that the policy targets lower-risk individuals.
Requires federal cooperation. The process depends on assurances from U.S. Immigration and Customs Enforcement that deportation will occur promptly and that individuals will not be released into the community, which may impact how smoothly the program functions in practice.
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Who cares
Incarcerated people subject to deportation
The bill would let the parole board consider early-release eligibility as a basis for granting qualifying inmates release conditioned on prompt deportation.
New York State Board of Parole
The board would retain discretion to grant release for deportation, subject to offense restrictions and federal immigration assurances.
U.S. Immigration and Customs Enforcement
The agency would need to assure the board that deportation would be executed or proceedings promptly begun and that any release other than deportation would allow the board an opportunity to retake the person.
Headline styles
Allow Early Release for Inmates
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Early Inmate Release
In Senate Committee · Crime Victims, Crime And Correction · Sponsor Luis R. Sepúlveda
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11043
IN ASSEMBLY
October 7, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. De La Rosa) -- read once and referred to the Committee on Correction
AN ACT to amend the executive law, in relation to permitting a qualified inmate eligible for early release to receive a conditional release
The People of the State of New York, represented in Senate and Assembly, 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 section 38-f-1 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
(i) Notwithstanding the provisions of paragraphs (a), (b) and (c) of this subdivision, after the inmate has served his or her minimum period of imprisonment imposed by the court or is eligible for early release from imprisonment, or at any time after the inmate's period of imprisonment has commenced for an inmate serving a determinate or indeterminate term of imprisonment, provided that the inmate has had a final order of deportation issued against him or her and provided further that the inmate is not convicted of either an A-I felony offense other than an A-I felony offense as defined in article two hundred twenty of the penal law or a violent felony offense as defined in section 70.02 of the penal law, if the inmate 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 inmate will be deported, and may grant parole from an indeterminate sentence or release for deportation from a determinate sentence to such inmate conditioned specifically on his or her 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 inmate from the custody of the department of correctional services, and (B) that the inmate, if granted parole or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10764-01-9
A. 11043 2
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.