NY State Senate Bill 2023-S6283

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
Apr 11, 2023	referred to crime victims, crime and correction

co-Sponsors

2023-S6283 (ACTIVE) - Details

See Assembly Version of this Bill:: A7190
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§259-r & 259-s, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9465
2013-2014: A4726
2015-2016: A670
2017-2018: A4036
2019-2020: S2688, A4235
2021-2022: S2907, A4347

2023-S6283 (ACTIVE) - Summary

Relates to medical parole and determinations of whether a person released on medical parole is physically or cognitively incapable of presenting a danger to society.

2023-S6283 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6283

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the executive law, in relation to medical parole

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify the medical parole review process

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 makes a technical amendment to paragraph (a) of subdivision
one of 259-r of the executive law in requiring the consideration of
danger presented to society.

Section 2 amends paragraph (a) of section 259-r of the executive law to
clarify when medical parole can be granted.

Section 3 makes an amendment to paragraph (b) of subdivision two of
259-r of the executive law to clarify that the commissioner of the

department of corrections or his designee who reviews medical parole
applications is expected and required to make a medical determination in
certifying an application for review by the board of parole for release
consideration.

Sections 4 amends subdivision four of section 259-r of the executive law
to clarify the role of the board of parole in making a determination as
to the danger presented to public, safety by the medical parole appli-
cant who has received from the commissioner certification of medical
eligibility.

Section 5 makes the same technical amendment to section 259-s of the
executive law as section 1 of this bill makes to section 259-r.

Section 6 makes the same amendment to paragraph (b) of subdivision two
of 259-2 of the executive law as section 2 of this bill makes to section
259-r.

Section 7 makes the same amendment to subdivision four of section 259-s
of the executive law as section 3 of this bill makes to section 259-r.

Section 8 provides for the effective date.

 
JUSTIFICATION:

Sixteen people died between 2005 and 2009 while waiting for their
medical parole board interviews, an indication that the medical parole
process is taking too long.

In 2009 medical parole was expanded beyond section 259-r for terminally
ill inmates to create section 259-s for inmates with non-terminal
illnesses and conditions that render them so physically debilitated or
cognitively impaired that they do not present a danger to,society. In
spite of the legislative intent to expand medical parole, no one was
released to medical parole in 2009 or 2010, the last year for which
records are available. The near lack of use of these statutes can be

attributed to the implementation process as well as the statutory
language itself, both of which this bill attempts to rectify.

We have spent millions of dollars to build regional medical units, a
unit for the cognitively impaired, units for the terminally ill, units
for persons on dialysis, units for the wheelchair bound, hospice units
and other such units providing more than 500 beds for inmates whom we
know are seriously ill, terminally ill or physically unable to care for
themselves and yet most inmates who apply for medical parole are not
being certified by the Department of Corrections as incapacitated enough
to create a reasonable probability that they are safe to release.

The population of 2,000 inmates over age 60 is projected to quadruple to
more than 6,000 inmates in the ten years. We currently spend $12 million
a year on prescription medication for inmates, as well as millions of
dollars more on medical procedures and treatment for a variety of
infirmities such as cancer, liver failure, kidney failure and other
ailments, all costs for which also quadruple in the next decade. Of the
few inmates who were certified by the Department to proceed to the
parole board process, some died before their interview because the
procedures created to implement the statute takes too long while over
130 inmates die every year inside prisons, many from old age and infirm-
ity.

This bill attempts to address some of the deficiencies in the medical
parole certification and parole board hearing processes so that inmates
who are dying or severely restricted in their ability to self-ambulate
or perform significant normal activities due to the debilitative nature
of their medical conditions can be released to die at home or be cared
for by their families or in outside medical facilities.

Section 1 and 2 amend 259-r and 259-s, respectively, by changing the
word "any" to "a" in regards to the danger presented to society were
such inmate to be released. The Department of Correction and the Parole
Board release 26,000 inmates every year, regardless of their physical
capacity to reoffend; physically debilitated and terminally ill inmates
should not be held to a higher standard than healthy inmates under the
medical parole statute. The intention of the change in the language
provided by this bill is to instruct the board of parole to consider
whether an inmate's medical condition makes it unlikely that he or she
will pose a danger to society, not that it's a physical impossibility.
It is noteworthy that the Executive's memorandum in support of 259-s in
2009, and in much of the 259-r statute itself "a danger" is used rather
than "any danger".

Sections 3 and 4 amend 259-r and 259-s, respectively, by requiring the
commissioner or designee of the department of corrections and community
supervision to make a medical determination as to whether or not an
inmate meets the medical requirements under the statute.  Currently, the
statute requires the commissioner to make a safety determination dupli-
cative of the function of the parole board, but without the personal
interview and other due process requirements pursuant to 259-i. The
determination as to whether or not an inmate presents a danger to socie-
ty is clearly the function of the parole board, not the commissioner,
and should be provided due process protections inherent in the parole
process. This bill makes clear that the medical determination made by
the Department should not usurp the function of the parole board.

Sections 4 and 5 amends 259-r and 259-s, respectively, to clarify that
the board of parole, upon receipt of medical certification from the
department shall make a judgment as to whether or not such inmate
presents a danger to society. Finally, the bill provides that the board
shall make its determination within thirty days of receiving such
certification from the commissioner with the intended result being that
fewer inmates will die while waiting for the parole board to interview
them.

 
PRIOR LEGISLATIVE HISTORY:

S. 2907 of 2021-22: Referred to Crime Victims, Crime and Correction

S. 2688 of 2019-20: Referred to Crime Victims, Crime and Correction

2012-2020: Assembly Bill Advanced to Third Reading annually

 
FISCAL IMPLICATIONS:

Projected to cost $150K per year to retain a significantly ill, debili-
tated or terminal inmate, any additional releases may incur a savings.

 
EFFECTIVE DATE:
Immediately.

2023-S6283 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6283
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2023
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA,  MAY, PARKER -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Crime
   Victims, Crime and Correction
 
 AN ACT to amend the executive law, in relation to medical parole
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1  of  section  259-r  of  the
 executive  law,  as  amended by section 14 of chapter 322 of the laws of
 2021, is amended to read as follows:
   (a) The board shall have the power to release on  medical  parole  any
 incarcerated individual 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 inca-
 pable of presenting [any] A danger to society, provided,  however,  that
 no  incarcerated individual 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  incarcerated  individual  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
 the  sentence  and  in  the case of a determinate sentence he or she has
 served at least one-half of the term of his or her determinate sentence:
 murder in the second degree,  manslaughter  in  the  first  degree,  any
 offense  defined  in  article  one hundred thirty of the penal law or an
 attempt to commit any of these  offenses.  Solely  for  the  purpose  of
 determining  medical  parole  eligibility pursuant to this section, such
 one-half of the minimum period of the indeterminate  sentence  and  one-
 half  of the term of the determinate sentence shall not be credited with
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00263-01-3

 S. 6283                             2
 
 any time served under the jurisdiction of the department  prior  to  the
 commencement  of  such  sentence  pursuant  to  the opening paragraph of
 subdivision one of section 70.30 of the penal law or  subdivision  two-a
 of  section  70.30  of the penal law, except to the extent authorized by
 subdivision three of section 70.30 of the penal law.
   § 2. Paragraph (a) of subdivision 1 of section 259-r of the  executive
 law,  as  amended by section 14-a of chapter 322 of the laws of 2021, is
 amended to read as follows:
   (a) The board shall have the power to release on  medical  parole  any
 incarcerated individual 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 inca-
 pable of presenting [any] A danger to society, provided,  however,  that
 no  incarcerated individual 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  incarcerated  individual  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
 the  sentence  and  in  the case of a determinate sentence he or she has
 served at least one-half of the term of his or her determinate sentence:
 murder in the second degree,  manslaughter  in  the  first  degree,  any
 offense  defined  in  article  one hundred thirty of the penal law or an
 attempt to commit any of these  offenses.  Solely  for  the  purpose  of
 determining  medical  parole  eligibility pursuant to this section, such
 one-half of the minimum period of the indeterminate  sentence  and  one-
 half  of the term of the determinate sentence shall not be credited with
 any time served under the jurisdiction of the department  prior  to  the
 commencement  of  such  sentence  pursuant  to  the opening paragraph of
 subdivision one of section 70.30 of the penal law or  subdivision  two-a
 of  section  70.30  of the penal law, except to the extent authorized by
 subdivision three of section 70.30 of the penal law.
   § 3. Paragraph (b) of subdivision 2 of section 259-r of the  executive
 law,  as  amended by chapter 322 of the laws of 2021, is amended to read
 as follows:
   (b) The commissioner, or the commissioner's designee, shall review the
 diagnosis and may certify that the incarcerated individual is  suffering
 from such terminal condition, disease or syndrome and that the incarcer-
 ated  individual  is  so  debilitated  or  incapacitated as to [create a
 reasonable probability that he or she is physically or cognitively inca-
 pable of presenting any danger to society] BE SEVERELY RESTRICTED IN HIS
 OR HER ABILITY TO SELF-AMBULATE OR TO PERFORM SIGNIFICANT NORMAL  ACTIV-
 ITIES  OF DAILY LIVING. If the commissioner does not so certify then the
 incarcerated individual shall not be referred to the board for consider-
 ation for release on medical parole. If the commissioner does so  certi-
 fy, then the commissioner shall, within seven working days of receipt of
 such  diagnosis,  refer  the  incarcerated  individual  to the board for
 consideration for release on medical parole.  However, no such  referral
 of  an  incarcerated  individual  to  the board shall be made unless the
 incarcerated individual has been examined by a physician  and  diagnosed
 as  having  a  terminal  condition,  disease  or  syndrome as previously
 described herein at some time subsequent to such  incarcerated  individ-
 S. 6283                             3
 
 ual's admission to a facility operated by the department of [correction-
 al services] CORRECTIONS AND COMMUNITY SUPERVISION.
   §  4.  Subdivision 4 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,  paragraph  (b)  as amended by chapter 322 of the laws of 2021, is
 amended to read as follows:
   4. (a) THE BOARD SHALL, UPON RECEIPT OF CERTIFICATION FROM THE COMMIS-
 SIONER, INDEPENDENTLY DETERMINE WHETHER THE CONDITIONS UNDER  WHICH  THE
 INCARCERATED INDIVIDUAL WOULD BE RELEASED CREATES A REASONABLE PROBABIL-
 ITY  THAT HE OR SHE IS PHYSICALLY OR COGNITIVELY INCAPABLE OF PRESENTING
 A DANGER TO SOCIETY. THE BOARD SHALL PROVIDE A DETERMINATION OF  RELEASE
 WITHIN THIRTY DAYS UPON RECEIPT OF CERTIFICATION FROM THE COMMISSIONER.
   (B)  Medical  parole  granted  pursuant to this section shall be for a
 period of six months.
   [(b)] (C) The board shall require as a condition of release on medical
 parole that the releasee agree to remain under the care of  a  physician
 while  on medical parole and in a hospital established pursuant to arti-
 cle twenty-eight of the public health law, a hospice established  pursu-
 ant  to  article  forty  of the public health law or any other placement
 that can provide appropriate medical care as specified  in  the  medical
 discharge  plan required by subdivision two of this section. The medical
 discharge plan shall state that the availability of  the  placement  has
 been confirmed, and by whom. Notwithstanding any other provision of law,
 when  an  incarcerated  individual  who qualifies for release under this
 section is cognitively incapable of signing the requisite  documentation
 to effectuate the medical discharge plan and, after a diligent search no
 person  has  been  identified  who  could  otherwise be appointed as the
 incarcerated individual's guardian by a court of competent jurisdiction,
 then, solely for the purpose of implementing the medical discharge plan,
 the facility health services director at the facility where  the  incar-
 cerated individual is currently incarcerated shall be lawfully empowered
 to  act  as  the  incarcerated  individual's guardian for the purpose of
 effectuating the medical discharge.
   [(c)] (D) Where appropriate, the board shall require as a condition of
 release that medical parolees be supervised on  intensive  caseloads  at
 reduced supervision ratios.
   [(d)] (E) The board shall require as a condition of release on medical
 parole  that  the  releasee  undergo periodic medical examinations and a
 medical examination at least one month prior to the  expiration  of  the
 period  of  medical  parole  and,  for the purposes of making a decision
 pursuant to paragraph [(e)] (F) of this subdivision, that  the  releasee
 provide  the board with a report, prepared by the treating physician, of
 the results of such examination. Such report  shall  specifically  state
 whether  or  not  the parolee continues to suffer from a terminal condi-
 tion, disease, or syndrome, and to be so debilitated or incapacitated as
 to be severely restricted in his or her ability to self-ambulate  or  to
 perform significant normal activities of daily living.
   [(e)]  (F) Prior to the expiration of the period of medical parole the
 board shall review the medical examination report required by  paragraph
 [(d)]  (E) of this subdivision and may again grant medical parole pursu-
 ant to this section; provided, however, that the provisions of paragraph
 (c) of subdivision one and subdivision two of  this  section  shall  not
 apply.
   [(f)]  (G) If the updated medical report presented to the board states
 that a parolee released pursuant to this section is no longer so debili-
 tated or incapacitated as to create a reasonable probability that he  or
 S. 6283                             4
 
 she  is physically or cognitively incapable of presenting [any] A danger
 to society or if the releasee fails to submit the updated medical report
 then the board may not make a new grant of medical  parole  pursuant  to
 paragraph [(e)] (F) of this subdivision. Where the board has not granted
 medical  parole  pursuant  to  such  paragraph [(e)] (F) the board shall
 promptly conduct through one of its members, or cause to be conducted by
 a hearing officer designated by the board, a hearing to determine wheth-
 er the releasee is suffering  from  a  terminal  condition,  disease  or
 syndrome  and  is so debilitated or incapacitated as to create a reason-
 able probability that he or she is physically or  cognitively  incapable
 of  presenting  [any danger to society and does not present] a danger to
 society. If the board makes such a determination then it may make a  new
 grant  of  medical  parole pursuant to the standards of paragraph (b) of
 subdivision one of this section. At the hearing, the releasee shall have
 the right to representation by counsel,  including  the  right,  if  the
 releasee  is financially unable to retain counsel, to have the appropri-
 ate court assign counsel in accordance with the county or city plan  for
 representation placed in operation pursuant to article eighteen-B of the
 county law.
   [(g)]  (H)  The  hearing  and  determination provided for by paragraph
 [(f)] (G) of this subdivision shall be concluded within  the  six  month
 period  of  medical  parole.  If  the  board does not renew the grant of
 medical parole, it shall order that the releasee be returned immediately
 to the custody of the department.
   [(h)] (I) In addition to the procedures set forth in  paragraph  [(f)]
 (G)  of this subdivision, medical parole may be revoked at any time upon
 any of the grounds specified in paragraph (a) of  subdivision  three  of
 section two hundred fifty-nine-i of this article, and in accordance with
 the  procedures  specified  in  subdivision three of section two hundred
 fifty-nine-i of this article.
   [(i)] (J) A releasee who is on medical parole and who becomes eligible
 for parole pursuant to the provisions of subdivision two of section  two
 hundred  fifty-nine-i  of  this  article  shall  be  eligible for parole
 consideration pursuant to such subdivision.
   § 5. Paragraph (a) of subdivision 1 of section 259-s of the  executive
 law,  as  amended by chapter 322 of the laws of 2021, is amended to read
 as follows:
   (a) The board shall have the power to release on  medical  parole  any
 incarcerated individual serving an indeterminate or determinate sentence
 of  imprisonment  who,  pursuant to subdivision two of this section, has
 been certified to be suffering from a significant and permanent non-ter-
 minal condition, disease or syndrome that has rendered the  incarcerated
 individual  so physically or cognitively debilitated or incapacitated as
 to create a reasonable probability that he or she does not present [any]
 A danger to society, provided, however, that no incarcerated  individual
 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 incar-
 cerated individual 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 the sentence and in the case of a
 determinate sentence he or she has served at least one-half of the  term
 of  his  or  her  determinate  sentence:  murder  in  the second degree,
 manslaughter in the first degree, any offense  defined  in  article  one
 hundred  thirty  of  the  penal law or an attempt to commit any of these
 S. 6283                             5
 
 offenses. Solely for the purpose of determining medical parole eligibil-
 ity pursuant to this section, such one-half of the minimum period of the
 indeterminate sentence and one-half  of  the  term  of  the  determinate
 sentence  shall not be credited with any time served under the jurisdic-
 tion of the department prior to the commencement of such sentence pursu-
 ant to the opening paragraph of subdivision one of section 70.30 of  the
 penal law or subdivision two-a of section 70.30 of the penal law, except
 to  the  extent  authorized by subdivision three of section 70.30 of the
 penal law.
   § 6. Paragraph (b) of subdivision 2 of section 259-s of the  executive
 law,  as  amended by chapter 322 of the laws of 2021, is amended to read
 as follows:
   (b) The commissioner, or the commissioner's designee, shall review the
 diagnosis and may certify that the incarcerated individual is  suffering
 from such condition, disease or syndrome and that the incarcerated indi-
 vidual  is  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] BE SEVERELY RESTRICTED IN HIS OR HER
 ABILITY TO SELF-AMBULATE OR TO PERFORM SIGNIFICANT NORMAL ACTIVITIES  OF
 DAILY LIVING. If the commissioner does not so certify then the incarcer-
 ated individual shall not be referred to the board for consideration for
 release on medical parole. If the commissioner does so certify, then the
 commissioner shall, within seven working days of receipt of such diagno-
 sis,  refer  the  incarcerated individual to the board for consideration
 for release on medical parole.  However, no such referral of  an  incar-
 cerated  individual  to  the  board  of  parole shall be made unless the
 incarcerated individual has been examined by a physician  and  diagnosed
 as having a condition, disease or syndrome as previously described here-
 in  at  some time subsequent to such incarcerated individual's admission
 to a facility operated by the department.
   § 7. Subdivision 4 of section 259-s of the executive law,  as  amended
 by chapter 322 of the laws of 2021, is amended to read as follows:
   4. (a) THE BOARD SHALL, UPON RECEIPT OF CERTIFICATION FROM THE COMMIS-
 SIONER,  INDEPENDENTLY  DETERMINE WHETHER THE CONDITIONS UNDER WHICH THE
 INCARCERATED INDIVIDUAL WOULD BE RELEASED CREATES A REASONABLE PROBABIL-
 ITY THAT HE OR SHE IS PHYSICALLY OR COGNITIVELY INCAPABLE OF  PRESENTING
 A  DANGER TO SOCIETY. THE BOARD SHALL PROVIDE A DETERMINATION OF RELEASE
 WITHIN THIRTY DAYS UPON RECEIPT OF CERTIFICATION FROM THE COMMISSIONER.
   (B) Medical parole granted pursuant to this section  shall  be  for  a
 period of six months.
   [(b)] (C) The board shall require as a condition of release on medical
 parole  that  the releasee agree to remain under the care of a physician
 while on medical parole and in a hospital established pursuant to  arti-
 cle  twenty-eight of the public health law, a hospice established pursu-
 ant to article forty of the public health law or  any  other  placement,
 including  a residence with family or others, that can provide appropri-
 ate medical care as specified in the medical discharge plan required  by
 subdivision  two of this section. The medical discharge plan shall state
 that the availability of the placement has been confirmed, and by  whom.
 Notwithstanding  any  other provision of law, when an incarcerated indi-
 vidual who qualifies for release under this section is cognitively inca-
 pable of signing the requisite documentation to effectuate  the  medical
 discharge  plan  and, after a diligent search no person has been identi-
 fied who could otherwise be appointed as the  incarcerated  individual's
 guardian  by  a  court  of  competent jurisdiction, then, solely for the
 purpose of implementing the medical discharge plan, the facility  health
 S. 6283                             6
 
 services  director  at the facility where the incarcerated individual is
 currently incarcerated shall be lawfully empowered to act as the  incar-
 cerated  individual's  guardian  for  the  purpose  of  effectuating the
 medical discharge.
   [(c)] (D) Where appropriate, the board shall require as a condition of
 release  that  medical  parolees be supervised on intensive caseloads at
 reduced supervision ratios.
   [(d)] (E) The board shall require as a condition of release on medical
 parole that the releasee undergo periodic  medical  examinations  and  a
 medical  examination  at  least one month prior to the expiration of the
 period of medical parole and, for the  purposes  of  making  a  decision
 pursuant  to  paragraph [(e)] (F) of this subdivision, that the releasee
 provide the board with a report, prepared by the treating physician,  of
 the  results  of  such examination. Such report shall specifically state
 whether or not the parolee continues to suffer from  a  significant  and
 permanent non-terminal and debilitating condition, disease, or syndrome,
 and  to  be so debilitated or incapacitated as to be severely restricted
 in his or her ability to self-ambulate or to perform significant  normal
 activities of daily living.
   [(e)]  (F) Prior to the expiration of the period of medical parole the
 board shall review the medical examination report required by  paragraph
 [(d)]  (E) of this subdivision and may again grant medical parole pursu-
 ant to this section; provided, however, that the provisions of paragraph
 (c) of subdivision one and subdivision two of  this  section  shall  not
 apply.
   [(f)]  (G) If the updated medical report presented to the board states
 that a parolee released pursuant to this section is no longer so debili-
 tated or incapacitated as to create a reasonable probability that he  or
 she  is physically or cognitively incapable of presenting [any] A danger
 to society or if the releasee fails to submit the updated medical report
 then the board may not make a new grant of medical  parole  pursuant  to
 paragraph [(e)] (F) of this subdivision. Where the board has not granted
 medical  parole  pursuant to [such] paragraph [(e)] (F) OF THIS SUBDIVI-
 SION the board shall promptly conduct through one  of  its  members,  or
 cause  to  be  conducted by a hearing officer designated by the board, a
 hearing to determine whether the releasee is suffering  from  a  signif-
 icant  and  permanent non-terminal and incapacitating condition, disease
 or syndrome and is so  debilitated  or  incapacitated  as  to  create  a
 reasonable probability that he or she is physically or cognitively inca-
 pable  of  presenting  [any  danger  to  society and does not present] a
 danger to society. If the board makes such a determination then  it  may
 make  a  new  grant of medical parole pursuant to the standards of para-
 graph (b) of subdivision one  of  this  section.  At  the  hearing,  the
 releasee  shall  have  the right to representation by counsel, including
 the right, if the releasee is financially unable to retain  counsel,  to
 have  the appropriate court assign counsel in accordance with the county
 or city plan for representation placed in operation pursuant to  article
 eighteen-B of the county law.
   [(g)]  (H)  The  hearing  and  determination provided for by paragraph
 [(f)] (G) of this subdivision shall be concluded within  the  six  month
 period  of  medical  parole.  If  the  board does not renew the grant of
 medical parole, it shall order that the releasee be returned immediately
 to the custody of the department of correctional services.
   [(h)] (I) In addition to the procedures set forth in  paragraph  [(f)]
 (G)  of this subdivision, medical parole may be revoked at any time upon
 any of the grounds specified in paragraph (a) of  subdivision  three  of
 S. 6283                             7
 
 section two hundred fifty-nine-i of this article, and in accordance with
 the  procedures  specified  in  subdivision three of section two hundred
 fifty-nine-i of this article.
   [(i)] (J) A releasee who is on medical parole and who becomes eligible
 for  parole pursuant to the provisions of subdivision two of section two
 hundred fifty-nine-i of  this  article  shall  be  eligible  for  parole
 consideration pursuant to such subdivision.
   §  8.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph (a) of subdivision 1 of section 259-r of the
 executive law made by section one of this act shall be  subject  to  the
 expiration  and reversion of such paragraph pursuant to subdivision d of
 section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
 date the provisions of section two of this act shall take effect.

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Senate Bill S6283

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2023-S6283 (ACTIVE) - Details

2023-S6283 (ACTIVE) - Summary

2023-S6283 (ACTIVE) - Sponsor Memo

2023-S6283 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6283

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

Rachel May

Kevin S. Parker

2023-S6283 (ACTIVE) - Details

2023-S6283 (ACTIVE) - Summary

2023-S6283 (ACTIVE) - Sponsor Memo

2023-S6283 (ACTIVE) - Bill Text download pdf

Comments