New York Assembly Bill A09362

New York 2025-2026 Regular Session

• Introduced: 12/19/25
• Refer: 12/19/25
• Refer: 1/7/26

Caption

Requires community service as a condition of early release of incarcerated individuals due to prison staff shortages.

Summary

This bill would amend the New York Executive Law to create a new condition for certain early releases from incarceration when the governor uses executive clemency solely because of prison staffing shortages. In that situation, released individuals would be required to participate in community service programs, including litter removal, for a period set by the courts. The bill also allows courts to waive or substitute the requirement if the person cannot comply because of disability, old age, substance abuse treatment, or another reasonable limitation. The bill excludes several categories of people from the new requirement, including individuals who received a pardon, were released through conditional release or other alternative programs, were granted parole, or completed a determinate sentence. It also states that the community service requirement cannot be imposed if it would displace employed workers or interfere with existing service contracts. The measure would take effect immediately.

Impact

The bill would add a new section 162-a to the Executive Law and would directly affect the governor’s clemency authority when used to release incarcerated individuals early because of prison staffing shortages. It would create a court-supervised community service condition for those releases, while carving out multiple exceptions for pardons, parole, conditional release, and completed sentences. The bill would also require courts to consider disability, age, and treatment-related limitations when deciding whether to waive or modify the requirement.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a corrective or accountability measure tied to early release during staffing shortages. Its tone suggests support for requiring some form of public service in exchange for early release, while also recognizing practical and humanitarian limits. Because there is no transcript or voting history provided, there is no documented legislative sentiment beyond the proposal itself.

Contention

The main points of contention are likely to be the use of mandatory community service as a condition of clemency-based early release and the bill’s interaction with executive clemency powers. Another likely issue is whether the requirement is fair or workable for people with disabilities, older adults, or those in substance abuse treatment, though the bill gives courts discretion to waive or substitute the condition in those cases. Labor and contracting concerns are also addressed in the text, since the bill prohibits community service assignments that would replace paid workers or disrupt existing contracts.