Prohibits the department of corrections and community supervision from using artificial intelligence in evaluating the risk and needs principles used to measure rehabilitation of a person, in determining which incarcerated individuals may be released on parole or the level of supervision for individuals on parole; prohibits the department from using artificial intelligence when developing transitional accountability plans.

                STATE OF NEW YORK
        ________________________________________________________________________

                                          11320

                   IN ASSEMBLY

                                      May 11, 2026
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Otis) --
          read once and referred to the Committee on Correction

        AN ACT to amend the executive law and the correction law, in relation to
          prohibiting the use of  artificial  intelligence  in  parole  determi-
          nations and the development transitional accountability plans

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 4 of section 259-c of  the  executive  law,  as
     2  amended  by  chapter  322  of  the  laws  of 2021, is amended to read as
     3  follows:
     4    4. establish written procedures for its use in making parole decisions
     5  as required by law. Such written procedures shall incorporate  risk  and
     6  needs  principles  to  measure  the  rehabilitation of persons appearing
     7  before the board,  the  likelihood  of  success  of  such  persons  upon
     8  release,  and assist members of the state board of parole in determining
     9  which incarcerated individuals may be released  to  parole  supervision;
    10  provided,  however, that the department may not use "artificial intelli-
    11  gence" as defined by section seventeen hundred of the  general  business
    12  law,  an  "artificial intelligence model" as defined by section fourteen
    13  hundred twenty of the general business law, or an  "artificial  intelli-
    14  gence  system"  as  defined  by section one hundred three-e of the state
    15  technology law in evaluating the risk and needs principles used to meas-
    16  ure the rehabilitation of persons appearing before the board, in  deter-
    17  mining  which  incarcerated individuals may be released to parole super-
    18  vision, or in determining the level of supervision for persons  who  are
    19  released on parole; provided further, however, that each person approved
    20  for  release  and the level of supervision assigned to such person shall
    21  be approved in writing by the board of parole or its designee;
    22    § 2. Section 71-a of the correction law, as amended by chapter 322  of
    23  the laws of 2021, is amended to read as follows:
    24    §  71-a. Transitional accountability plan. Upon admission of an incar-
    25  cerated individual committed to the custody of the department  under  an
    26  indeterminate  or  determinate  sentence of imprisonment, the department
    27  shall develop a transitional accountability plan. Such plan shall  be  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15751-01-6
        A. 11320                            2

     1  comprehensive,  dynamic and individualized case management plan based on
     2  the programming and treatment needs of the incarcerated individual.  The
     3  purpose  of  such  plan  shall  be  to promote the rehabilitation of the
     4  incarcerated  individual and their successful and productive reentry and
     5  reintegration into society upon release. To that end, such plan shall be
     6  used to prioritize programming and treatment services for the  incarcer-
     7  ated  individual during incarceration and any period of community super-
     8  vision. The commissioner may consult with the office of  mental  health,
     9  the  office  of  alcoholism  and  substance abuse services, the board of
    10  parole, the department of health, and other appropriate agencies in  the
    11  development  of  transitional  case management plans; provided, however,
    12  that the department may not use "artificial intelligence" as defined  by
    13  section  seventeen  hundred  of the general business law, an "artificial
    14  intelligence model" as defined by section fourteen hundred twenty of the
    15  general business law or an "artificial intelligence system"  as  defined
    16  by section one hundred three-e of the state technology law in the devel-
    17  opment  of  the  plan  required  pursuant  to this section and, provided
    18  further, however, that each plan developed for an incarcerated  individ-
    19  ual pursuant to this section shall be approved in writing by the commis-
    20  sioner or the commissioner's designee.
    21    § 3. This act shall take effect immediately.