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S 9846

Relates to parole eligibility for certain incarcerated persons age fifty-five or older

2025 Regular Session Introduced by Jamaal Bailey and 31 co-sponsors

Creates a parole pathway for inmates aged 55+ who have served 15+ years, allowing a release determination with conditions if appropriate.

REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
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Bill Summary · S 9846

Bill Summary: S.9846 (2025-2026) – Relates to Parole Eligibility for Certain Incarcerated Persons Aged 55 or Older (New York)

Purpose and intent

  • The bill adds a specialized parole eligibility process for incarcerated individuals who are at least 55 years old and have served at least 15 years of their sentence.
  • The aim is to determine, within a defined framework, whether such individuals should be released to community supervision before completing the standard minimum sentence.

Key provisions

New parole eligibility procedure (Executive Law § 259-c; additions are subdivisions 18 and 19)

    1. Eligibility interview and release determination
    • Eligibility criteria: A person must have:
    • Served at least 15 years of their sentence(s), and
    • Reached age 55 or older.
    • Timing: Conduct an interview within 60 days of either the person’s 55th birthday or the end of the 15th year of their sentence, whichever is later.
    • Process: The interview is conducted pursuant to existing procedures for parole determinations under § 259-i.
    • Outcome:
    • If the Board determines release to community supervision is appropriate, the person is released under community supervision.
    • If release is denied:
      • The agency must inform the person in writing within two weeks of the denial of the factors and reasons for the denial.
      • A new reconsideration date must be set within 24 months of the denial, with the same procedural framework for reconsideration.
    • If release is granted:
      • Release conditions are set, and the remaining provisions of the article apply as though the person had been released after completing the minimum sentence.
    • Relationship to other releases: This “release assessment and determination” must be in addition to, not a replacement for, other release assessments required by law.
    1. Reporting requirements
    • The Board must submit quarterly reports to:
    • Governor, Temporary President of the Senate, Speaker of the Assembly, minority leaders of both chambers, and chairs of relevant committees.
    • Contents of reports:
    • Number of parole interviews conducted under subdivision 18.
    • Outcomes of those interviews.
    • For denials: articulated reasons for each denial, board member assignments, and voting records, plus demographic and offense data (race, sex, facility, crime of conviction) for each denied applicant.
    • Privacy: Reports cannot include personally identifiable information about applicants.
    • Publication: Reports must be published quarterly on a publicly accessible website maintained by the Board.

Affected individuals and entities

  • Incarcerated persons who meet both criteria: age 55+ and at least 15 years served.
  • New York State Division of Parole (or the relevant parole board) responsible for conducting interviews, determinations, and setting release conditions.
  • Government oversight and transparency offices (as detailed in the quarterly reporting requirements).

Timing and effective date

  • Effective date: Immediate.
  • Implementation: All individuals who meet the eligibility criteria on the act’s effective date must be interviewed within 60 days.

Practical impact and considerations

  • Potentially expands opportunities for early release for older inmates with substantial time served, subject to parole board determination.
  • Introduces formalized, age- and tenure-based criteria to trigger an additional parole interview, with a built-in reconsideration timeline if release is denied.
  • Increases transparency through quarterly public reporting on interview activity, outcomes, and denial rationales (while protecting personal identifiers).
  • Does not alter other release assessments or criteria beyond adding this specific pathway for eligible individuals.

Notes

  • The bill includes a broad list of sponsors from both chambers, signaling cross-chamber support and procedural advancement.
  • If passed, agencies will need to establish the specific interview schedules, release condition frameworks, and reporting systems to implement the new process.

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

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