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Bill

S 10502

Establishes access to postsecondary educational programming and creating an educational transfer process for incarcerated individuals

2025 Regular Session Introduced by Erik Bottcher

Expands access to postsecondary education for incarcerated individuals by creating a formal transfer process to relocate inmates to facilities with needed programs and requires ann

REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
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Bill Summary · S 10502

Summary of Bill S. 10502 (2025-2026) — New York

Purpose and intent

This bill amends the New York Correction Law to expand access to postsecondary educational programming for incarcerated individuals and to create a formal educational transfer process between correctional facilities. The goal is to facilitate educational advancement and reentry planning while ensuring program availability and consistent decision-making.

Key provisions and changes

  • Definitions (new §137-a(1))

    • Postsecondary educational programming: Any academic, vocational, or certificate-bearing program offered by an accredited higher-education institution or approved training provider, including degree programs.
    • Educational transfer request: A request by an incarcerated person to transfer to a facility that offers a postsecondary program not available at their current facility.
  • Access to programming (new §137-a(2))

    • The Department of Corrections and Community Supervision (or applicable department) must ensure meaningful access to postsecondary programs, including:
    • Availability of programs at multiple facilities statewide.
    • Information provided to incarcerated individuals about program availability, eligibility, and application procedures.
  • Educational transfer process (new §137-a(3))

    • Establish a formal process for submitting educational transfer requests.
    • Include standardized applications, review timelines, and notification mechanisms for decisions.
  • Factors in reviewing transfer requests (new §137-a(4))

    • Eligibility for the requested program.
    • Institutional safety and security considerations.
    • Proximity to family and support networks, where practical.
    • Reentry planning needs, including educational and vocational goals.
    • Other relevant, consistently applied factors.
  • Decision communications (new §137-a(5))

    • Written determination issued within a reasonable period.
    • Denials must include clear reasons.
    • Transfers and denials must not be arbitrary or discriminatory.
  • Transparency and reporting (new §137-a(6))

    • An annual public report detailing:
    • Number of transfer requests submitted.
    • Number approved vs. denied.
    • Aggregated, anonymized denial reasons.
    • Availability and capacity of postsecondary programming across facilities.
  • Rulemaking (new §137-a(7))

    • The department may promulgate rules and regulations to implement the section.
  • Effective date (Section 2)

    • The act takes effect 90 days after becoming law, with immediate authority to issue necessary implementing regulations.

Who is affected

  • Incarcerated individuals seeking access to postsecondary education.
  • Correctional facilities and the Department of Corrections and Community Supervision (or relevant state agency) responsible for managing programming access and transfer processes.
  • The broader public, via annual transparency reports on program capacity and transfer activity.

Procedural and timeline aspects

  • Establishment of a standardized, transparent process for educational transfer requests, including timelines for reviews and decisions.
  • Annual publication of program availability data and transfer statistics.
  • Implementation governed by department-rulemaking to operationalize the new process and access provisions.

Overall impact

If enacted, the bill would formalize and broaden access to higher education for incarcerated individuals, create a structured mechanism to relocate inmates to facilities with needed programs, and support rehabilitation and reentry through documented planning and outcomes.

Compiled from official sources — confirm details with the bill’s official record.

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