New York A 3688: Relates to expanding prison work release program eligibility and participation

Bill Text

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A03688 Summary:

BILL NOA03688 

&nbsp

SAME ASSAME AS S07029

&nbsp

SPONSORWeprin

&nbsp

COSPNSRSteck

&nbsp

MLTSPNSR

&nbsp

Amd §851, Cor L

&nbsp

Relates to expanding prison work release program eligibility and participation.

Go to top A03688 Actions:

BILL NOA03688 

&nbsp

01/30/2025referred to correction

01/07/2026referred to correction

Go to topA03688 Committee&nbspVotes:

Go to topA03688 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03688 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3688

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. WEPRIN, STECK -- read once and referred to the
 Committee on 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-
 25 ment fixed by the court or where the court has not fixed any period,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07368-01-5

 A. 3688 2

 1 after service of the minimum period fixed by the state board of parole.
 2 If an incarcerated individual is denied release on parole, such incar-
 3 cerated individual shall not be deemed an eligible incarcerated individ-
 4 ual until [he or she] such incarcerated individual is within two years
 5 of [his or her] such incarcerated individual's next scheduled appearance
 6 before the state parole board. In any case where an incarcerated indi-
 7 vidual is denied release on parole while participating in a temporary
 8 release program, the department shall review the status of the incarcer-
 9 ated individual to determine if continued placement in the program is
 10 appropriate. No person convicted of any escape or absconding offense
 11 defined in article two hundred five of the penal law shall be eligible
 12 for temporary release. [Further, no person under sentence for aggravated
 13 harassment of an employee by an incarcerated individual as defined in
 14 section 240.32 of the penal law for, any homicide offense defined in
 15 article one hundred twenty-five of the penal law, for any sex offense
 16 defined in article one hundred thirty of the penal law, or for an
 17 offense defined in section 255.25, 255.26 or 255.27 of the penal law
 18 shall be eligible to participate in a work release program as defined in
 19 subdivision three of this section. Nor shall any person unde