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New York · 2025-2026 General Assembly
S05792Relates 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.
Allows earlier conditional release and deportation of certain incarcerated noncitizens with final deportation orders (who are not convicted of specified serious felonies), so they spend less time in state custody before federal removal.
the board may consider, as a factor warranting earlier release, the fact that such incarcerated individual will be deported, and may grant parole from an indeterminate sentence or release for deportation from a determinate sentence to such incarcerated individual conditioned specifically on such incarcerated individual's prompt deportation.
✓ Quote verified word for word in the bill text
Filed (completed)
Committee
Passed one chamber
Passed both
Governor
Law
Status: Died (session ended)
Last action
2026-01-07: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
Why the model tagged it this way: The bill amends Executive Law §259-i to expand eligibility for conditional early release (parole or release for deportation) for incarcerated individuals with final deportation orders who have not been convicted of A-I or violent felonies. It removes gender-specific pronouns and broadens the provision to those 'eligible for early release.' This facilitates faster transfer to federal immigration custody for deportation, reducing state detention time for qualifying noncitizens and thereby restricting the overall scope of state immigration-related detention.
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