Criminal Justice Reform in New York | 2026 NYS Legislative Agenda
The City Bar supports a comprehensive approach to criminal justice reform focused on rehabilitation, proportionality, and public safety, while addressing the enduring effects of mass incarceration. New York’s criminal legal system should promote individualized decision-making, effective treatment and diversion, and meaningful opportunities for release when continued incarceration no longer serves public safety or justice.
End Mandatory Minimum Sentences
The Marvin Mayfield Act allows judges to consider the individual before them in sentencing rather than requiring them to sentence people to predetermined sentences and reduces the potential for coercive pleas. Importantly, the bill establishes rehabilitation and successful reentry into the community as the purpose of sentencing, and it directs judges to impose the “minimum sentence necessary” to achieve those goals. Judges would be able to consider sentences that would be most effective in addressing the individual’s behavior and the unique circumstances of the offense and enable more people to remain with their families and communities. Notably, the bill does not change New York’s maximum allowable sentences, and judges could continue to impose long sentences in instances where they deem them appropriate. This bill is part of the Communities Not Cages suite of bills.
Expand Treatment-Based Alternative
Large numbers of people with mental health disorders and substance use disorders are funneled into the criminal legal system, which is ill-equipped to address their underlying needs. Studies have consistently shown that a significant portion of individuals incarcerated in New York’s jails and prisons live with mental illness, underscoring the need for alternatives that prioritize treatment over punishment. The Treatment Court Expansion Act would strengthen and expand diversion options by increasing access to specialized courts and broadening eligibility for treatment-based alternatives. By directing individuals with mental health and substance use disorders toward appropriate therapeutic interventions, the Act would promote more humane and effective responses to behavioral health needs, reduce recidivism, and enhance public safety by addressing the underlying causes of criminalized behavior rather than relying on incarceration.
Reform Parole & Resentencing Laws
Despite evolving views on punishment and public safety, the legacy of past sentencing practices remains deeply embedded in New York’s criminal legal system. Nearly half of individuals currently incarcerated in state prisons are serving minimum sentences of ten years or more, many under sentencing regimes that would likely not be imposed today. These lengthy sentences have had racially disparate impacts, with Black New Yorkers significantly overrepresented in the state’s prison population.
Meaningful reform requires mechanisms that allow for reconsideration of long sentences, recognition of rehabilitation, and release decisions grounded in individualized assessments of public safety. The City Bar supports the following reforms:
- The Elder Parole bill would permit the Board of Parole to consider parole release for incarcerated individuals aged 55 and older who have served at least 15 years, regardless of whether they have completed their minimum sentence. The bill does not mandate release but authorizes individualized assessments that account for rehabilitation, diminished risk of recidivism with age, and public safety considerations.
- The Fair and Timely Parole Act would reform parole decision-making standards by requiring the Board to give meaningful weight to an individual’s rehabilitation and conduct while incarcerated, rather than focusing predominantly on the original offense. The Act maintains public safety safeguards by permitting denial of parole where there is an identifiable and unmitigable risk.
- The Second Look Act would allow individuals serving long sentences to petition a court for sentence modification after a defined period of incarceration. By creating a judicial mechanism to reassess sentences in light of demonstrated rehabilitation and changed circumstances, the Act would incentivize participation in programming while ensuring continued incarceration serves a legitimate public safety purpose. This bill is part of the Communities Not Cages suite of bills.
- The Earned Time Act would allow individuals serving long sentences to earn sentence reductions through compliance with prison rules and participation in educational, vocational, treatment, and work programs. By incentivizing rehabilitation and skill-building, the Act would reduce recidivism and lower correctional costs while promoting safer reentry outcomes. This bill is part of the Communities Not Cages suite of bills.