New York 2025-2026 Regular Session

New York Assembly Bill A00127

Introduced
1/8/25  
Refer
1/8/25  
Report Pass
4/2/25  
Refer
4/2/25  

Caption

Provides for findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole.

Summary

This bill would change New York’s parole-release standard for incarcerated individuals eligible for discretionary parole. It replaces the current language that parole should not be granted merely as a reward for good conduct and that release depends on whether the person is likely to live lawfully and whether release would be incompatible with public welfare. Under the bill, parole would be granted unless the record shows a current and unreasonable risk that the person will violate the law if released, and that risk cannot be mitigated by parole supervision. The bill also expands and clarifies the factors the parole board must consider. It directs the board to weigh evidence of rehabilitation and reform, including programming, therapeutic support, community service, vocational education, work assignments, support from staff and other incarcerated people, and release plans involving family, community networks, employment, education, and reentry services. It also preserves consideration of deportation orders, sentence length for certain drug offenses, victim statements, seriousness of the offense, and prior criminal record, but bars the board from relying solely or primarily on the offense-seriousness factors when deciding whether there is a current and unreasonable risk of reoffending. The board must give detailed written reasons for any denial. The bill would also increase transparency by requiring quarterly public reports on parole denials. Those reports must include the number of denials, reasons for each denial, the commissioners involved and their votes, and demographic information such as race, sex, facility, and crime of conviction, while excluding identifying information. The bill also requires toll-free telephone access for crime victims and preserves procedures for victim and victim-representative statements and transcripts. Overall, the bill would significantly shift parole decision-making in New York toward a more rehabilitation-focused and risk-based standard, while also imposing more detailed explanation and reporting obligations on the parole board. It would affect the executive law governing parole, the Department of Corrections and Community Supervision’s parole process, incarcerated people seeking release, crime victims participating in parole hearings, and the public through expanded disclosure of denial data. The available voting history suggests some committee support but not unanimity: the Assembly Correction Committee voted 8-4 to favorably refer the bill to the Codes Committee. No transcript excerpts were provided, so the broader discussion record is limited. Based on the bill text and committee vote, the measure appears to have support from members favoring parole reform and greater transparency, while likely facing opposition from those concerned about public safety, victim input, and limiting the parole board’s discretion.

Impact

The bill would amend Executive Law section 259-i, changing the legal standard the state board of parole must apply when deciding whether to release an eligible incarcerated individual. It would require the board to find a current and unreasonable risk of lawbreaking that cannot be mitigated by supervision before denying release, and it would require detailed written explanations for denials. It also adds mandatory consideration of rehabilitation evidence, reentry supports, and other individualized factors, while limiting reliance on offense seriousness and criminal history as the primary basis for denial. In addition, it creates quarterly public reporting requirements on parole denials and demographic data, affecting parole board administration and public transparency.

Sentiment

The bill appears to have a reform-oriented and generally supportive base among its sponsors and the committee members who voted to advance it, reflecting interest in making parole decisions more individualized, rehabilitation-focused, and transparent. The 8-4 committee vote indicates meaningful support but also clear opposition. Because no hearing transcript was provided, the record does not show detailed debate, but the structure of the bill suggests supporters view it as a fairness and reentry measure, while opponents likely view it as constraining parole board discretion and potentially reducing the weight given to the seriousness of the underlying offense and victim concerns.

Contention

The main points of contention are likely the new parole standard and the limits it places on the board’s discretion. Supporters would favor the bill’s requirement that denial be based on a current and unreasonable risk that cannot be managed through supervision, along with its emphasis on rehabilitation, programming, and reentry planning. Opponents are likely to object to the reduced role of offense seriousness, criminal history, and sentence length in parole decisions, as well as the requirement for detailed written explanations and public reporting of denial data. Victim participation remains preserved, but the bill’s shift toward release unless a specific risk is shown may be viewed by critics as weakening public safety protections.

Companion Bills

NY S00159

Same As Provides for findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole.

Previously Filed As

NY S00307

Provides for findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole.

NY A00162

Provides for findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole.

NY S00159

Provides for findings of the state board of parole necessary for discretionary release of incarcerated individuals on parole.

NY SB1446

An act to amend Section 3041 of the Penal Code, and to amend Section 6601 of the Welfare and Institutions Code, relating to incarcerated persons.

NY SJR26

Parole; JLARC to study expansion of discretionary eligibility.

NY HB1030

Parole; discretionary criteria guidelines, delayed effective date.

NY SB1506

Relating to the frequency with which the Board of Pardons and Paroles reconsiders inmates for release on parole.

NY A4288

Revises requirements for parole release and violations of parole; repeals law relating to violations committed by parolee released due to overcrowding.

NY S10349

Prohibits the department of corrections and community supervision from using artificial intelligence in evaluating the risk and needs principles used to measure rehabilitation of a person, in determining which incarcerated individuals may be released on parole or the level of supervision for individuals on parole; prohibits the department from using artificial intelligence when developing transitional accountability plans.

NY HB4937

Relating to the frequency with which the Board of Pardons and Paroles reconsiders inmates for release on parole.

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