S 5792: Relates to permitting an incarcerated individual who has had a final order of deportation issued against such incarcerated individual, has not been convicted of an A-1 felony and who is eligible for early release to receive a conditional release.

  
  STATE OF NEW YORK ________________________________________________________________________ 5792 2025-2026 Regular Sessions  IN SENATE March 3, 2025 ___________ Introduced by Sens. SEPULVEDA, COMRIE -- 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 executive law, in relation to permitting a qualified incarcerated individual eligible for early release to receive a condi- tional release The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (d) of subdivision 2 of 2 section 259-i of the executive law, as amended by chapter 322 of the 3 laws of 2021, is amended to read as follows: 4 (i) Notwithstanding the provisions of paragraphs (a), (b) and (c) of 5 this subdivision, after the incarcerated individual has served [his or 6 her] such incarcerated individual's minimum period of imprisonment 7 imposed by the court or is eligible for early release from imprisonment, 8 or at any time after the incarcerated individual's period of imprison- 9 ment has commenced for an incarcerated individual serving a determinate 10 or indeterminate term of imprisonment, provided that the incarcerated 11 individual has had a final order of deportation issued against [him or 12 her] such incarcerated individual and provided further that the incar- 13 cerated individual is not convicted of either an A-I felony offense 14 other than an A-I felony offense as defined in article two hundred twen- 15 ty of the penal law or a violent felony offense as defined in section 16 70.02 of the penal law, if the incarcerated individual is subject to 17 deportation by the United States Bureau of Immigration and Customs 18 Enforcement, in addition to the criteria set forth in paragraph (c) of 19 this subdivision, the board may consider, as a factor warranting earlier 20 release, the fact that such incarcerated individual will be deported, 21 and may grant parole from an indeterminate sentence or release for 22 deportation from a determinate sentence to such incarcerated individual 23 conditioned specifically on [his or her] such incarcerated individual's EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10286-01-5 
 S. 5792 2 1 prompt deportation. The board may make such conditional grant of early 2 parole from an indeterminate sentence or release for deportation from a 3 determinate sentence only where it has received from the United States 4 Bureau of Immigration and Customs Enforcement assurance (A) that an 5 order of deportation will be executed or that proceedings will promptly 6 be commenced for the purpose of deportation upon release of the incar- 7 cerated individual from the custody of the department of correctional 8 services, and (B) that the incarcerated individual, if granted parole or 9 release for deportation pursuant to this paragraph, will not be released 10 from the custody of the United States Bureau of Immigration and Customs 11 Enforcement, unless such release be as a result of deportation without 12 providing the board a reasonable opportunity to arrange for execution of 13 its warrant for the retaking of such person. 14 § 2. This act shall take effect immediately.