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Bill

A 11320

Prohibits the department of corrections and community supervision from using artificial intelligence in parole determinations

2025 Regular Session

Prohibits AI use in parole decisions and Transitional Accountability Plans, requiring human-approved release decisions and supervision levels, plus AI-free, individualized planning

REFERRED TO CORRECTION
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Bill Summary · A 11320

Summary of Bill A.11320 (2025-2026) – New York

Purpose

Prohibits the use of artificial intelligence in parole determinations and in the development of transitional accountability plans. The bill aims to ensure that parole decisions and related case management are made without AI systems, requiring human approval for release decisions and supervision levels, and mandating non-AI transitional planning for incarcerated individuals.

Key Provisions

  • Parole determinations (Executive Law §259-c, subd. 4):

    • The Department of Corrections and Community Supervision (DOCCS) must establish written procedures for parole decisions that incorporate risk and needs principles to gauge rehabilitation and likelihood of success upon release.
    • The bill explicitly prohibits DOCCS from using:
    • Artificial intelligence as defined in General Business Law (GBL) §17,000 series
    • An “artificial intelligence model” as defined in GBL §14,420
    • An “artificial intelligence system” as defined in State Technology Law §1003-e
    • DOCCS may not rely on AI in evaluating risk/needs, determining eligibility for release to parole supervision, or setting the level of parole supervision.
    • Each person approved for release and the corresponding supervision level must be approved in writing by the NYS Board of Parole or its designee.

  • Transitional accountability plans (Correction Law §71-a):

    • Upon admission to DOCCS, each incarcerated individual must have a Transitional Accountability Plan.
    • The plan is a comprehensive, dynamic, individualized case management plan focused on rehabilitation and successful reentry.
    • The plan prioritizes programming and treatment during incarceration and any community supervision period.
    • DOCCS may consult other state agencies (e.g., Office of Mental Health, Office of Alcoholism and Substance Abuse Services, Board of Parole, Department of Health) to develop the plan.
    • The plan must not use AI (as defined by the same AI definitions) in its development.
    • Each plan must be approved in writing by the Commissioner or the Commissioner’s designee.

Affected Entities and Persons

  • Primary agencies: Department of Corrections and Community Supervision; New York State Board of Parole.
  • Individuals impacted: Incarcerated persons under DOCCS custody who are undergoing parole consideration or entering community supervision, as well as those receiving Transitional Accountability Plans.
  • Other stakeholders: Related state agencies (e.g., Mental Health, OASAS, Health) consulted in planning; parole board staff and designees who approve releases and supervision levels.

Procedural and Timeline Details

  • Effective date: Immediate upon enactment.
  • Ongoing processes: Requires that all parole decision procedures and transitional plans be developed without AI, with explicit written approvals for release decisions and supervision levels/plans.
  • Implementation: Written procedures and plans must be approved by the relevant authorities (Board of Parole or Commissioner/designee) as specified.

Potential Impacts and Considerations

  • Ensures human oversight in parole decisions and supervision determinations, potentially affecting consistency, transparency, and the speed of parole processing.
  • Aligns parole practices with a precautionary stance toward AI use in high-stakes criminal justice decisions.
  • Could necessitate resource allocation for human-centered evaluation and case management to replace or substitute AI-based risk assessments.
  • May influence how rehabilitation and reentry programming is prioritized and delivered through the Transitional Accountability Plan.

If you’d like, I can provide a side-by-side comparison with current law to highlight exactly what changes this bill would implement.

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

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