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Senate bill · S9535 (2025-26)

Provides for the preservation of records of certain violations in correctional facilities

Latest action May 29, 2026

New York State Senate

Same as A8739, the matching bill in the Assembly.

Sponsor

Cordell Cleare

State Senator, District 30 · Democratic

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Summary

Directs the commissioner of corrections and community supervision to promulgate rules and regulations to establish and maintain a system for the preservation of data on tier one violations in correctional facilities.

Summary from NY Open Legislation. How we handle summaries

Amends the Correction Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

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Purpose, from the sponsor's memo

The purpose of this legislation is to reinforce accountability and tran- sparency while protecting the rights of incarcerated individuals to track Tier 1 violations in investigations of potential retaliation or discrimination in accordance with current legislation that requires these records to be removed from an incarcerated individuals' discipli- nary records.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Correction · New York State Assembly

Also referred to Crime Victims, Crime And Correction · New York State Senate.

The sponsor's argument

Why Cordell Cleare says this is needed

Individuals incarcerated in state prison can be written up for Tier 1 violations for trivial disciplinary matters. Tier I hearings may involve offenses such as Disorderly Conduct, creating a Disturbance, disobeying a Direct Order, or being Out of Place. Current DOCCS policy requires that records of Tier 1 violations be destroyed after 14 days so that an incarcerated individual's institu- tional record is not permanently tainted. However, a 2022 Inspector General Report on Racial Disparities in the Administration of Discipline in New York State Prisons recommended preserving Tier 1 data to evaluate potential racial discrimination in disciplinary enforcement. This legislation responds to those recommendations by requiring Tier 1 violations to be scanned and digitally preserved for oversight purposes while upholding the removal of these records from an individual's disci- plinary file after 14 days.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. May 29, 2026

    Referred to committee

    REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

    NY Senate

  2. May 28, 2026

    Sent to the executive

    DELIVERED TO SENATE

    NY Assembly

  3. May 28, 2026

    Passed a chamber

    PASSED ASSEMBLY

    NY Assembly

  4. Mar 20, 2026

    Referred to committee

    REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

    NY Senate

  5. Mar 19, 2026

    Amended

    AMENDED ON THIRD READING 8739A

    NY Assembly

Show full history (4 earlier events)
  1. Feb 26, 2026

    Advanced to Third Reading CAL.276

    ADVANCED TO THIRD READING CAL.276

    NY Assembly

  2. Feb 25, 2026

    Reported out of committee

    REPORTED

    NY Assembly

  3. Jan 7, 2026

    Referred to committee

    REFERRED TO CORRECTION

    NY Assembly

  4. Jun 2, 2025

    Referred to committee

    REFERRED TO CORRECTION

    NY Assembly