Bill > S06727

This bill changes the legal standard of proof for evidentiary and disciplinary hearings in the correction law from "substantial evidence" to "preponderance of the evidence." In legal terms, "substantial evidence" means there is enough relevant evidence that a reasonable mind might accept as adequate to support a conclusion, which is a relatively low bar. In contrast, "preponderance of the evidence" means that a fact is more likely true than not—essentially, proving something is more than 50% likely to be true. The bill specifically amends Section 137 of the correction law and Section 7803 of the civil practice law and rules to implement this change. This modification will impact hearings related to corrections, potentially making it easier for parties to prove their case or substantiate disciplinary actions, as the new standard requires less rigorous proof than the previous "substantial evidence" standard. The bill will go into effect 90 days after it becomes law, giving institutions time to adapt to the new evidentiary requirements.

Justice

https://www.nysenate.gov/legislation/bills/2025/S6727