Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 14, 2016 |
print number 8183a |
Sep 14, 2016 |
amend and recommit to rules |
Aug 29, 2016 |
referred to rules |
Senate Bill S8183A
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2015-S8183 - Details
- Current Committee:
- Senate Rules
- Law Section:
- Executive Law
- Laws Affected:
- Amd §§259-c & 259-r, rpld §259-s, Exec L; amd §70.40, Pen L
2015-S8183 - Summary
Eliminates eligibility for medical parole based cognitive inability to present a danger to society or debilitating illness; eliminates requirement for medical parole, that a terminally ill inmate shall have served at least one-half of his or her sentence; requires an inmate to apply for such parole; directs the department of corrections and community supervision to establish standards for medical discharge plans.
2015-S8183 - Sponsor Memo
BILL NUMBER: S8183 TITLE OF BILL : An act to amend the executive law and the penal law, in relation to the eligibility criteria for release on medical parole; and to repeal section 259-s of the executive law relating to release on medical parole for inmates suffering significant debilitating illnesses PURPOSE : To limit the eligibility for medical parole to inmates who are determined to be suffering from a terminal condition, disease or syndrome by barring inmates convicted of serious homicide or sex offenses and to repeal Executive Law 259-s which currently authorizes release on medical parole for inmates who are suffering from significant and permanent non-terminal illnesses. SUMMARY : The bill amends Executive Law section 259-r by providing that inmates serving a sentence upon conviction for murder in the first degree, murder in the second degree, manslaughter in the first degree or a sex offense defined in article 130 of the Penal Law are not eligible for release on medical parole, and makes conforming amendments to the remainder of section 259-r.
2015-S8183 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8183 I N S E N A T E August 29, 2016 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law and the penal law, in relation to the eligibility criteria for release on medical parole; and to repeal section 259-s of the executive law relating to release on medical parole for inmates suffering significant debilitating illnesses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 259-c of the executive law, as amended by section 38-b of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. have the power and duty of determining which inmates serving an indeterminate or determinate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r [or section two hundred fifty-nine-s] of this article, and when and under what conditions; S 2. The section heading and paragraph (a) of subdivision 1 of section 259-r of the executive law, as amended by section 38-l of subpart A of part C of chapter 62 of the laws of 2011, are amended to read as follows: Release on medical parole [for terminally ill inmates]. (a) The board shall have the power to release on medical parole any inmate serving an indeterminate or determinate sentence of imprisonment who, pursuant to subdivision two of this section, has been certified to be suffering from a terminal condition, disease or syndrome and to be so debilitated or incapacitated as to create a reasonable probability that he or she is physically [or cognitively] incapable of presenting any danger to society, provided, however, that no inmate serving a sentence imposed upon a conviction for [murder in the first degree or an attempt or conspiracy to commit murder in the first degree shall be eligible for such release, and provided further that no inmate serving a sentence imposed upon a conviction for] any of the following offenses shall be eligible for such release [unless in the case of an indeterminate sentence he or she has served at least one-half of the minimum period of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2015-S8183A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Executive Law
- Laws Affected:
- Amd §§259-c & 259-r, rpld §259-s, Exec L; amd §70.40, Pen L
2015-S8183A (ACTIVE) - Summary
Eliminates eligibility for medical parole based cognitive inability to present a danger to society or debilitating illness; eliminates requirement for medical parole, that a terminally ill inmate shall have served at least one-half of his or her sentence; requires an inmate to apply for such parole; directs the department of corrections and community supervision to establish standards for medical discharge plans.
2015-S8183A (ACTIVE) - Sponsor Memo
BILL NUMBER: S8183A TITLE OF BILL : An act to amend the executive law and the penal law, in relation to the eligibility criteria for release on medical parole; and to repeal section 259-s of the executive law relating to release on medical parole for inmates suffering significant debilitating illnesses PURPOSE : To limit the eligibility for medical parole to inmates who are determined to be suffering from a terminal condition, disease or syndrome by barring inmates convicted of serious homicide or sex offenses and to repeal Executive Law 259-s which currently authorizes release on medical parole for inmates who are suffering from significant and permanent non-terminal illnesses. SUMMARY OF PROVISIONS : The bill amends Executive Law section 259-r by providing that inmates serving a sentence upon conviction for murder in the first degree, murder in the second degree, manslaughter in the first degree, aggravated vehicular homicide, aggravated manslaughter in the first degree, aggravated murder or a sex offense defined in article 130 of the Penal Law are not eligible for release on medical parole, and
2015-S8183A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8183--A I N S E N A T E August 29, 2016 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law and the penal law, in relation to the eligibility criteria for release on medical parole; and to repeal section 259-s of the executive law relating to release on medical parole for inmates suffering significant debilitating illnesses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 259-c of the executive law, as amended by section 38-b of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. have the power and duty of determining which inmates serving an indeterminate or determinate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r [or section two hundred fifty-nine-s] of this article, and when and under what conditions; S 2. The section heading and paragraph (a) of subdivision 1 of section 259-r of the executive law, as amended by section 38-l of subpart A of part C of chapter 62 of the laws of 2011, are amended to read as follows: Release on medical parole [for terminally ill inmates]. (a) The board shall have the power to release on medical parole any inmate serving an indeterminate or determinate sentence of imprisonment who, pursuant to subdivision two of this section, has been certified to be suffering from a terminal condition, disease or syndrome WHICH COULD LEAD TO A REASONABLE CONCLUSION THAT DEATH IS, OR MAY BE, IMMINENT and to be so debilitated or incapacitated as to create a reasonable proba- bility that he or she is physically [or cognitively] incapable of presenting any danger to society, provided, however, that no inmate serving a sentence imposed upon a conviction for [murder in the first degree or an attempt or conspiracy to commit murder in the first degree shall be eligible for such release, and provided further that no inmate EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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