S 10502 NY
Establishes access to postsecondary educational programming and creating an educational transfer process for incarcerated individuals
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Summary
This New York bill requires the Department of Corrections and Community Supervision to provide meaningful access to postsecondary educational programs for incarcerated individuals by making programs available at multiple facilities and providing information about enrollment. The bill establishes a formal process for incarcerated individuals to request transfer to different facilities that offer educational programs not available at their current facility. Transfer requests must be reviewed based on program eligibility, safety and security considerations, proximity to family, and reentry planning needs, with written decisions provided within a reasonable timeframe and clear reasons given for any denials. The department is required to publish an annual public report detailing the number of transfer requests, approval and denial rates, reasons for denials, and the availability of educational programs across the state's correctional facilities.
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Official abstract
Expands access to higher education in correctional facilities by requiring the department of corrections and community supervision to provide meaningful access to postsecondary educational programming and to establish a transparent process for incarcerated individuals to request transfers to facilities where such programs are available.
Sponsor (1)
- Erik Bottcher Democratic · primary
Action history (1)
- May 15, 2026 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION · upper
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S10502 Summary: BILL NO S10502   SAME AS No Same As   SPONSOR BOTTCHER   COSPNSR   MLTSPNSR   Add §137-a, Cor L   Expands access to higher education in correctional facilities by requiring the department of corrections and community supervision to provide meaningful access to postsecondary educational programming and to establish a transparent process for incarcerated individuals to request transfers to facilities where such programs are available.
Go to top S10502 Text:
STATE OF NEW YORK ________________________________________________________________________
10502
IN SENATE
May 15, 2026 ___________
Introduced by Sen. BOTTCHER -- 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 correction law, in relation to establishing access to postsecondary educational programming and creating an educational transfer process for incarcerated individuals
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. The correction law is amended by adding a new section 137-a 2 to read as follows: 3 § 137-a. Postsecondary educational access and educational transfer 4 process. 1. For purposes of this section, the following terms shall have 5 the following meanings: 6 (a) "Postsecondary educational programming" shall mean any academic, 7 vocational, or certificate-bearing program offered in partnership with 8 an accredited institution of higher education or approved training 9 provider, including but not limited to degree-granting programs. 10 (b) "Educational transfer request" shall mean a request submitted by 11 an incarcerated individual seeking transfer to a correctional facility 12 that offers postsecondary educational programming not available at the 13 individual's current facility. 14 2. The department shall ensure meaningful access to postsecondary 15 educational programming for incarcerated individuals. Such access shall 16 include, but not be limited to: 17 (a) the availability of programs at multiple facilities throughout the 18 state; and 19 (b) the provision of information to incarcerated individuals regarding 20 program availability, eligibility requirements, and application proce- 21 dures. 22 3. (a) The department shall establish and maintain a formal process by 23 which incarcerated individuals may submit an educational transfer 24 request. 25 (b) Such process shall include standardized application procedures, 26 timelines for review, and mechanisms for notification of decisions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15688-01-6
S. 10502 2
1 4. In reviewing an educational transfer request, the department shall 2 consider: 3 (a) the individual's eligibility for the requested educational 4 program; 5 (b) institutional safety and security considerations; 6 (c) the individual's proximity to family and support networks, where 7 practicable; 8 (d) the individual's reentry planning needs, including educational and 9 vocational goals; and 10 (e) any other relevant factors as determined by the department, 11 provided such factors are applied consistently. 12 5. (a) The department shall issue a written determination for each 13 educational transfer request within a reasonable period of time. 14 (b) Any denial of such request shall include a clear statement of the 15 reasons for such denial. 16 (c) Educational transfer requests shall not be denied in an arbitrary 17 or discriminatory manner. 18 6. The department shall, on an annual basis, publish and make publicly 19 available a report containing: 20 (a) the number of educational transfer requests submitted; 21 (b) the number of requests approved and denied; 22 (c) the stated reasons for denials, aggregated and anonymized; and 23 (d) the availability and capacity of postsecondary educational 24 programming across correctional facilities. 25 7. The department is authorized to promulgate any rules and regu- 26 lations necessary to implement the provisions of this section. 27 § 2. This act shall take effect on the ninetieth day after it shall 28 have become a law. Effective immediately, the addition, amendment and/or 29 repeal of any rule or regulation necessary for the implementation of 30 this act on its effective date are authorized to be made and completed 31 on or before such effective date.
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