What's happening
This bill expands eligibility for New York's prison work release programs and limits the governor's authority to restrict participation.
Why it matters
Expands eligibility for work release. By increasing the eligibility window from two years to three years before parole or conditional release, the bill would allow more incarcerated individuals to participate in work release programs. This could help more people prepare for reintegration into society, potentially reducing recidivism.
Removes executive barriers. The bill removes the governor’s ability to exclude entire classes of otherwise eligible inmates from work release by executive order. This change prioritizes transparency and consistency in access to work release, reducing the potential for politically motivated or sweeping restrictions.
Clarifies and narrows exclusions. The legislation specifies and updates which convictions make someone ineligible for work release, such as terrorism, certain sex offenses, and offenses involving child sexual performance. This aims to balance public safety concerns with expanded access for others.
Shifts authority to corrections professionals. Decision-making about who can participate in work release would rest solely with the Department of Corrections and Community Supervision, which must develop supportive programs—especially during the crucial first three months of work release. This shift emphasizes evidence-based, individualized assessment over broad, executive-level restrictions.
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Headline styles
Expand Prison Work Release
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and 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.
Expand Prison Work Release
In Assembly Committee · Codes · Sponsor David Weprin
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
806
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. MONTGOMERY, KRUEGER -- 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 Assembly, do enact as follows:
Section 1. Subdivision 2 of section 851 of the correction law, as amended by chapter 60 of the laws of 1994, the opening paragraph as amended by chapter 320 of the laws of 2006, the closing paragraph as amended by section 42 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
2. "Eligible inmate" 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] three 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 participate 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] thirty 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03065-01-9
S. 806 2
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 fixed any period, after service of the minimum period fixed by the state board of parole. [If an inmate is denied release on parole, such inmate shall not be deemed an eligible inmate 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 inmate is denied release on parole while participating in a temporary release program, the department shall review the status of the inmate 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 inmate 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, for an act of terrorism as defined in article four hundred ninety of the penal law, for an offense involving the sexual performance of a child as defined in article two hundred sixty-three 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 foregoing, no person who is an otherwise eligible inmate who is under sentence for a crime involving: (a) infliction of serious physical 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] determining which inmates are eligible and appropriate to participate in the temporary release programs.
The governor[, by executive order,] may not issue or enforce any executive order to exclude or limit the participation of any class of [otherwise] eligible inmates 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 inmates in such program or] the authority of the commissioner of the department of corrections and community supervision to impose appropriate regulations [limiting such participation] for determining which inmates are eligible and appropriate to participate in the temporary release programs. The commissioner shall promulgate regulations giving direction to department and transitional services staff with regard to developing and providing programmatic support to temporary release participants with emphasis on the first three months of work release.
§ 2. Subdivision 2 of section 851 of the correction law, as amended by chapter 447 of the laws of 1991, the opening paragraph as amended by chapter 252 of the laws of 2005, and the closing paragraph as amended by section 43 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
S. 806 3
2. "Eligible inmate" 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] three 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 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, 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 fixed any period, after service of the minimum period fixed by the state board of parole. [If an inmate is denied release on parole, such inmate shall not be deemed an eligible inmate 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 inmate is denied release on parole while participating in a temporary release program, the department shall review the status of the inmate 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 inmate 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, for an act of terrorism as defined in article four hundred ninety of the penal law, for an offense involving the sexual performance of a child as defined in article two hundred sixty-three 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 foregoing, no person who is an otherwise eligible inmate 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.] 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] determining which inmates are eligible and appropriate to participate in the temporary release programs.
The governor[, by executive order,] may not issue or enforce any executive order to exclude or limit the participation of any class of [otherwise] eligible inmates 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 inmates in such program or] the authority of the commissioner to impose appropriate regulations [limiting such participation] for determining which inmates are eligible and
S. 806 4
appropriate to participate in temporary release programs. The commissioner shall promulgate regulations giving direction to department and transitional services staff with regard to developing and providing programmatic support to temporary release participants with emphasis on the first three months of work release.
§ 3. Subdivision 2 of section 851 of the correction law, as added by chapter 472 of the laws of 1969, is amended to read as follows:
2. "Eligible inmate" means a person confined in an institution where a work release program has been established who is eligible for release on parole or who will become eligible for release on parole within [one year] three years.
§ 4. Subdivision 2-a of section 851 of the correction law, as added by chapter 251 of the laws of 2002, is amended to read as follows:
2-a. Notwithstanding subdivision two of this section, the term "eligible inmate" 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] three 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 inmate's immediate family as that term is defined in section 120.40 of the penal law or had a child in common with the inmate; (b) the inmate was subjected to substantial physical, sexual or psychological abuse committed by the victim of such homicide or assault; and (c) such abuse was a substantial factor in causing the inmate to commit such homicide or assault. With respect to an inmate's claim that he or she was subjected to substantial 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 inmate'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 subdivision shall be deemed a judicial function and shall not be reviewable in any court.
§ 5. 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 commissioner 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
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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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to expanding prison work release program eligibility and participation
Purpose
To expand the scope of eligibility in prison work release programs in an effort to increase participation and better prepare inmates for success- ful reentry.
Summary of provisions
Section 1: Amends subdivision 2 of section 851 of the correction law, as amended by chapter 60 of the laws of 1994, the opening paragraph as amended by chapter 320 of the laws of 2006, and the closing paragraph as amended by section 42 of subpart B of part C of chapter 62 of the laws of 2011 by expanding the definition of "eligible inmate" to include those persons who will become eligible for parole or conditional release within three years. Those persons incarcerated for an offense involving the use or threatened use of a deadly weapon or dangerous instrument will now qualify as an "eligible inmate" when they will become eligible for parole or conditional release within thirty months. Persons ineligi- ble for work release was expanded to include those under sentence for (1) an act of terrorism or (2) for an offense involving sexual perform- ance of a child. Additionally, section 1 contains an amendment which would withdraw the governor's ability to issue an executive order to exclude or limit inmates from participating in work release, and gives the commissioner of DOCCS the responsibility of enacting regulations which would provide support to work release participants.
Read the full memo (1,333 words)
Section 2: Amends subdivision 2 of section 851 of the correction law, as amended by chapter 447 of the laws of 1991, the opening paragraph as amended by chapter 252 of the laws of 2005, and the closing paragraph as amended by section 43 of subpart B of part C of chapter 62 of the laws of 2011 by expanding the list of ineligible inmates to include persons under sentence for: (1) aggravated harassment of an employee by an inmate, (2) homicide, (3) sex offense, (4) terrorism, or (5) an offense involving sexual performance of a child. Additionally, section 2 contains an amendment which would withdraw the governor's ability to issue an executive order to exclude or limit inmates from participating in work release, and gives the commissioner of DOCCS the responsibility of enacting regulations to determine which inmates are eligible to participate in work release.
Section 3: Amends subdivision 2 of section 851 of the correction law, as added by chapter 472 of the laws of 1969 by expanding the definition of "eligible inmate" to include those persons who will become eligible for parole or conditional release within three years.
Section 4: Amends subdivision 2-a of section 851 of the correction law, as added by chapter 251 of the laws of 2002 by expanding the definition of "eligible inmate" to include those persons who will become eligible for parole or conditional release within three years.
Section 5: 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.
Existing law
The current law does not allow inmates to participate in work release programs until two years prior to the date on which they will become eligible for parole or conditional release. Additionally, current law allows those under sentence for terrorism and offenses involving the sexual performance of a child to participate in work release. The proposed law would expand the particular sentences that are ineligible for work release participation to include these two crimes
Justification
This legislation will ensure that eligible inmates will be able to participate in prison work release programs. Changes in sentencing laws throughout the years have resulting in more and more people serving determinate rather than indeterminate sentences. At its peak in 1994, 24,055' individuals participated in the work release progr.am. As of 2010, program participation 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 inmate 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 stand- alone 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.
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 limitless potential to further this purpose.
Temporary Release provides for a structured transition from incarcera- tion to life in the community, helping participants to develop the work, educational, and basic life management skills they need to become law-a- biding, contributing members of their communities. The evidence has shown that programs like Temporary 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 decisions about readiness for release, it can also be an invaluable resource to help DOCCS staff iden- tify the supports a person needs while being supervised in the communi- ty. For examp le, 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 participants than to house "traditional prisoners." Second, because individuals involved in work release earn a taxable income, this program generates 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 period. 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
2011-2012: S.5920 - Died in Committee;
2013-2014: S.1415 - Died in Committee
Fiscal implications
Unknown.
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 @ 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, when upon such date the provisions of section three of this act shall take effect; provided further that the amendments to subdivisions 2-a 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.
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