S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5948
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 25, 2025
                                ___________
 
 Introduced  by M. of A. DILAN -- read once and referred to the Committee
   on 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] SUCH INCARCERATED INDIVIDUAL is
 physically or cognitively incapable 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]  SUCH  INCARCERATED  INDIVIDUAL
 has  served  at least one-half of the minimum period of the sentence and
 in the case of a determinate sentence  [he  or  she]  SUCH  INCARCERATED
 INDIVIDUAL  has  served  at  least  one-half of the term of [his or her]
 THEIR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10070-01-5
              

 A. 5948                             2
 
 be credited with any time served under the jurisdiction of  the  depart-
 ment  prior to the commencement of such sentence pursuant to the opening
 paragraph of subdivision one of section 70.30 of the penal law or subdi-
 vision  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] SUCH INCARCERATED INDIVIDUAL  is
 physically  or  cognitively  incapable  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] SUCH INCARCERATED INDIVIDUAL
 has served at least one-half of the minimum period of the  sentence  and
 in  the  case  of  a  determinate sentence [he or she] SUCH INCARCERATED
 INDIVIDUAL has served at least one-half of the  term  of  [his  or  her]
 THEIR  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 depart-
 ment prior to the commencement of such sentence pursuant to the  opening
 paragraph of subdivision one of section 70.30 of the penal law or subdi-
 vision  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
 THEIR  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-
 A. 5948                             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 SUCH INCARCERATED INDIVIDUAL IS PHYSICALLY OR COGNITIVELY INCA-
 PABLE  OF  PRESENTING  A  DANGER  TO  SOCIETY. THE BOARD SHALL PROVIDE A
 DETERMINATION OF RELEASE WITHIN THIRTY  DAYS  UPON  RECEIPT  OF  CERTIF-
 ICATION 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] THEIR 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-
 A. 5948                             4
 
 tated or incapacitated as to create a reasonable probability that [he or
 she]  SUCH  PAROLEE 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 whether the releasee is suffering from a  terminal  condition,
 disease  or syndrome and is so debilitated or incapacitated as to create
 a reasonable probability that [he or she] SUCH RELEASEE 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 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.
   [(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] SUCH INCARCERATED
 INDIVIDUAL does not present [any] A danger to society, provided,  howev-
 er,  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] SUCH INCARCERATED INDIVIDUAL has  served  at  least
 one-half  of  the  minimum  period  of the sentence and in the case of a
 determinate sentence [he or she] SUCH INCARCERATED INDIVIDUAL has served
 at least one-half  of  the  term  of  [his  or  her]  THEIR  determinate
 A. 5948                             5
 
 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.
   § 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 THEIR ABILI-
 TY TO SELF-AMBULATE OR TO PERFORM SIGNIFICANT NORMAL ACTIVITIES OF DAILY
 LIVING.  If  the  commissioner does not so certify then the incarcerated
 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 SUCH INCARCERATED INDIVIDUAL IS PHYSICALLY OR COGNITIVELY INCA-
 PABLE OF PRESENTING A DANGER TO  SOCIETY.  THE  BOARD  SHALL  PROVIDE  A
 DETERMINATION  OF  RELEASE  WITHIN  THIRTY  DAYS UPON RECEIPT OF CERTIF-
 ICATION 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-
 A. 5948                             6
 
 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
 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] THEIR 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] SUCH PAROLEE 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 SUBDIVISION 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
 significant 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] SUCH RELEASEE 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 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
 A. 5948                             7
 
 to  the custody of the department of [correctional services] CORRECTIONS
 AND COMMUNITY SUPERVISION.
   [(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.
   §  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.