STATE OF NEW YORK ________________________________________________________________________ 4220 2025-2026 Regular Sessions IN SENATE February 3, 2025 ___________ Introduced by Sen. 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 prohibiting medical parole for persons convicted of an act of terrorism The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 259-r of the executive law, as amended by section 2 38-l of subpart A of part C of chapter 62 of the laws of 2011, the 3 section heading and subdivisions 1, 2, paragraph (b) of subdivision 4, 4 subdivisions 5, 9, 10 and 11 as amended by section 14 of chapter 322 of 5 the laws of 2021, is amended to read as follows: 6 § 259-r. Release on medical parole for terminally ill incarcerated 7 individuals. 1. (a) The [board] commissioner shall have the power to 8 release on medical parole any incarcerated individual serving an inde- 9 terminate or determinate sentence of imprisonment who, pursuant to 10 subdivision two of this section, has been certified to be suffering from 11 a terminal condition, disease or syndrome and to be so debilitated or 12 incapacitated as to create a reasonable probability that [he or she] 13 such incarcerated individual is physically or cognitively incapable of 14 presenting any danger to society, provided, however, that no incarcerat- 15 ed individual serving a sentence imposed upon a conviction for [murder 16 in the first degree or an attempt or conspiracy to commit murder in the 17 first degree shall be eligible for such release, and provided further 18 that no incarcerated individual serving a sentence imposed upon a 19 conviction for any of the following offenses shall be eligible for such 20 release unless in the case of an indeterminate sentence he or she has 21 served at least one-half of the minimum period of the sentence and in 22 the case of a determinate sentence he or she has served at least one- 23 half of the term of his or her determinate sentence: murder in the 24 second degree, manslaughter in the first degree, any offense defined in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07859-01-5
S. 4220 2 1 article one hundred thirty of the penal law or an attempt to commit any 2 of these offenses. Solely for the purpose of determining medical parole 3 eligibility pursuant to this section, such one-half of the minimum peri- 4 od of the indeterminate sentence and one-half of the term of the deter- 5 minate sentence shall not be credited with any time served under the 6 jurisdiction of the department prior to the commencement of such 7 sentence pursuant to the opening paragraph of subdivision one of section 8 70.30 of the penal law or subdivision two-a of section 70.30 of the 9 penal law, except to the extent authorized by subdivision three of 10 section 70.30 of the penal law] an act of terrorism as defined in 11 section 490.05 of the penal law, shall be eligible for release. 12 (b) Such release shall be granted only after the [board] commissioner 13 considers whether, in light of the incarcerated individual's medical 14 condition, there is a reasonable probability that the incarcerated indi- 15 vidual, if released, will live and remain at liberty without violating 16 the law, and that such release is not incompatible with the welfare of 17 society and will not so deprecate the seriousness of the crime as to 18 undermine respect for the law, and shall be subject to the limits and 19 conditions specified in subdivision four of this section. Except as set 20 forth in paragraph (a) of this subdivision, such release may be granted 21 at any time during the term of an incarcerated individual's sentence, 22 notwithstanding any other provision of law. 23 [(c) The board shall afford notice to the sentencing court, the 24 district attorney and the attorney for the incarcerated individual that 25 the incarcerated individual is being considered for release pursuant to 26 this section and the parties receiving notice shall have fifteen days to 27 comment on the release of the incarcerated individual. Release on 28 medical parole shall not be granted until the expiration of the comment 29 period provided for in this paragraph.] 30 2. (a) The commissioner, on the commissioner's own initiative or at 31 the request of an incarcerated individual, or an incarcerated individ- 32 ual's spouse, relative or attorney, may, in the exercise of the commis- 33 sioner's discretion, direct that an investigation be undertaken to 34 determine whether a diagnosis should be made of an incarcerated individ- 35 ual who appears to be suffering from a terminal condition, disease or 36 syndrome. Any such medical diagnosis shall be made by a physician 37 licensed to practice medicine in this state pursuant to section sixty- 38 five hundred twenty-four of the education law. Such physician shall 39 either be employed by the department, shall render professional services 40 at the request of the department, or shall be employed by a hospital or 41 medical facility used by the department for the medical treatment of 42 incarcerated individuals. The diagnosis shall be reported to the commis- 43 sioner and shall include but shall not be limited to a description of 44 the terminal condition, disease or syndrome suffered by the incarcerated 45 individual, a prognosis concerning the likelihood that the incarcerated 46 individual will not recover from such terminal condition, disease or 47 syndrome, a description of the incarcerated individual's physical or 48 cognitive incapacity which shall include a prediction respecting the 49 likely duration of the incapacity, and a statement by the physician of 50 whether the incarcerated individual is so debilitated or incapacitated 51 as to be severely restricted in [his or her] their ability to self-ambu- 52 late or to perform significant normal activities of daily living. This 53 report also shall include a recommendation of the type and level of 54 services and treatment the incarcerated individual would require if 55 granted medical parole and a recommendation for the types of settings in 56 which the services and treatment should be given.
S. 4220 3 1 (b) The commissioner, or the commissioner's designee, shall review the 2 diagnosis and may certify that the incarcerated individual is suffering 3 from such terminal condition, disease or syndrome and that the incarcer- 4 ated individual is so debilitated or incapacitated as to create a 5 reasonable probability that [he or she is] they are physically or cogni- 6 tively incapable of presenting [any] a danger to society. [If the 7 commissioner does not so certify then the incarcerated individual shall 8 not be referred to the board for consideration for release on medical 9 parole.] If the commissioner does so certify, then the commissioner 10 shall, within seven working days of receipt of such diagnosis, refer the 11 incarcerated individual [to the board for consideration] for release on 12 medical parole. However, no such [referral of an incarcerated individ- 13 ual to the board] release shall be made unless the incarcerated individ- 14 ual has been examined by a physician and diagnosed as having a terminal 15 condition, disease or syndrome as previously described herein at some 16 time subsequent to such incarcerated individual's admission to a facili- 17 ty operated by the department of correctional services. 18 (c) [When the commissioner refers an incarcerated individual to the 19 board, the] The commissioner shall provide an appropriate medical 20 discharge plan established by the department. The department is author- 21 ized to request assistance from the department of health and from the 22 county in which the incarcerated individual resided and committed [his 23 or her] their crime, which shall provide assistance with respect to the 24 development and implementation of a discharge plan, including potential 25 placements of a releasee. The department and the department of health 26 shall jointly develop standards for the medical discharge plan that are 27 appropriately adapted to the criminal justice setting, based on stand- 28 ards established by the department of health for hospital medical 29 discharge planning. The [board] commissioner may postpone [its] their 30 decision pending completion of an adequate discharge plan, or may deny 31 release based on inadequacy of the discharge plan. 32 3. Any certification by the commissioner or the commissioner's desig- 33 nee pursuant to this section shall be deemed a judicial function and 34 shall not be reviewable if done in accordance with law. 35 4. (a) Medical parole granted pursuant to this section shall be for a 36 period of six months. 37 (b) The [board] commissioner shall require as a condition of release 38 on medical parole that the releasee agree to remain under the care of a 39 physician while on medical parole and in a hospital established pursuant 40 to article twenty-eight of the public health law, a hospice established 41 pursuant to article forty of the public health law or any other place- 42 ment that can provide appropriate medical care as specified in the 43 medical discharge plan required by subdivision two of this section. The 44 medical discharge plan shall state that the availability of the place- 45 ment has been confirmed, and by whom. Notwithstanding any other 46 provision of law, when an incarcerated individual who qualifies for 47 release under this section is cognitively incapable of signing the 48 requisite documentation to effectuate the medical discharge plan and, 49 after a diligent search no person has been identified who could other- 50 wise be appointed as the incarcerated individual's guardian by a court 51 of competent jurisdiction, then, solely for the purpose of implementing 52 the medical discharge plan, the facility health services director at the 53 facility where the incarcerated individual is currently incarcerated 54 shall be lawfully empowered to act as the incarcerated individual's 55 guardian for the purpose of effectuating the medical discharge.
S. 4220 4 1 (c) Where appropriate, the [board] commissioner shall require as a 2 condition of release that medical parolees be supervised on intensive 3 caseloads at reduced supervision ratios. 4 (d) The [board] commissioner shall require as a condition of release 5 on medical parole that the releasee undergo periodic medical examina- 6 tions and a medical examination at least one month prior to the expira- 7 tion of the period of medical parole and, for the purposes of making a 8 decision pursuant to paragraph (e) of this subdivision, that the releas- 9 ee provide the board with a report, prepared by the treating physician, 10 of the results of such examination. Such report shall specifically state 11 whether or not the parolee continues to suffer from a terminal condi- 12 tion, disease, or syndrome, and to be so debilitated or incapacitated as 13 to be severely restricted in [his or her] their ability to self-ambulate 14 or to perform significant normal activities of daily living. 15 (e) Prior to the expiration of the period of medical parole the 16 [board] commissioner shall review the medical examination report 17 required by paragraph (d) of this subdivision and may again grant 18 medical parole pursuant to this section; provided, however, that the 19 provisions of [paragraph (c) of subdivision one and] subdivision two of 20 this section shall not apply. 21 (f) If the updated medical report presented to the [board] commission- 22 er states that a parolee released pursuant to this section is no longer 23 so debilitated or incapacitated as to create a reasonable probability 24 that [he or she is] they are physically or cognitively incapable of 25 presenting any danger to society or if the releasee fails to submit the 26 updated medical report then the board may not make a new grant of 27 medical parole pursuant to paragraph (e) of this subdivision. Where the 28 [board] commissioner has not granted medical parole pursuant to such 29 paragraph (e) the [board] commissioner shall promptly conduct [through 30 one of its members,] or cause to be conducted by a hearing officer 31 [designated by the board,] a hearing to determine whether the releasee 32 is suffering from a terminal condition, disease or syndrome and is so 33 debilitated or incapacitated as to create a reasonable probability that 34 [he or she is] they are physically or cognitively incapable of present- 35 ing any danger to society and does not present a danger to society. If 36 the [board] commissioner makes such a determination then [it] such 37 commissioner may make a new grant of medical parole pursuant to the 38 standards of paragraph (b) of subdivision one of this section. At the 39 hearing, the releasee shall have the right to representation by counsel, 40 including the right, if the releasee is financially unable to retain 41 counsel, to have the appropriate court assign counsel in accordance with 42 the county or city plan for representation placed in operation pursuant 43 to article eighteen-B of the county law. 44 (g) The hearing and determination provided for by paragraph (f) of 45 this subdivision shall be concluded within the six month period of 46 medical parole. If the [board] commissioner does not renew the grant of 47 medical parole, [it] such commissioner shall order that the releasee be 48 returned immediately to the custody of the department. 49 (h) In addition to the procedures set forth in paragraph (f) of this 50 subdivision, medical parole may be revoked at any time upon any of the 51 grounds specified in paragraph (a) of subdivision three of section two 52 hundred fifty-nine-i of this article, and in accordance with the proce- 53 dures specified in subdivision three of section two hundred fifty-nine-i 54 of this article. 55 (i) A releasee who is on medical parole and who becomes eligible for 56 parole pursuant to the provisions of subdivision two of section two
S. 4220 5 1 hundred fifty-nine-i of this article shall be eligible for parole 2 consideration pursuant to such subdivision. 3 5. A denial of release on medical parole or expiration of medical 4 parole in accordance with the provisions of paragraph (f) of subdivision 5 four of this section shall not preclude the incarcerated individual from 6 reapplying for medical parole or otherwise affect an incarcerated indi- 7 vidual's eligibility for any other form of release provided for by law. 8 6. To the extent that any provision of this section requires disclo- 9 sure of medical information for the purpose of processing an application 10 or making a decision, regarding release on medical parole or renewal of 11 medical parole, or for the purpose of appropriately supervising a person 12 released on medical parole, and that such disclosure would otherwise be 13 prohibited by article twenty-seven-F of the public health law, the 14 provisions of this section shall be controlling. 15 7. The commissioner [and the chairman of the board] shall be author- 16 ized to promulgate rules and regulations for their respective agencies 17 to implement the provisions of this section. 18 8. Any decision made by the [board] commissioner pursuant to this 19 section may be appealed pursuant to subdivision four of section two 20 hundred fifty-nine-i of this article. 21 9. The [chairman] commissioner shall report annually to the governor, 22 the temporary president of the senate and the speaker of the assembly, 23 the chairpersons of the assembly and senate codes committees, the chair- 24 person of the senate crime and corrections committee, and the chair- 25 person of the assembly corrections committee the number of incarcerated 26 individuals who have applied for medical parole; the number who have 27 been granted medical parole; the nature of the illness of the appli- 28 cants, the counties to which they have been released and the nature of 29 the placement pursuant to the medical discharge plan; the categories of 30 reasons for denial for those who have been denied; the number of releas- 31 ees who have been granted an additional period or periods of medical 32 parole and the number of such grants; the number of releasees on medical 33 parole who have been returned to imprisonment in the custody of the 34 department and the reasons for return. 35 [10. Notwithstanding any other provision of law, in the case of an 36 incarcerated individual whose terminal condition, disease or syndrome 37 meets the criteria for medical parole as set forth in paragraph (a) of 38 subdivision one of this section, and who is not serving a sentence for 39 one or more offenses set forth in paragraph (i) of subdivision one of 40 section eight hundred six of the correction law which would render such 41 incarcerated individual ineligible for presumptive release, the granting 42 of medical parole shall be determined by the commissioner provided that 43 a release of such incarcerated individual shall be in accordance with 44 subdivision eleven of this section. In such case, the provisions that 45 would have applied to and the procedures that would have been followed 46 by the board of parole pursuant to this section shall apply to and be 47 followed by the commissioner. 48 11. (a) After the commissioner has made a determination to grant 49 medical parole pursuant to subdivision ten of this section, the commis- 50 sioner shall notify the chairperson of the board of parole, or their 51 designee who shall be a member of the board of parole, and provide him 52 or her with all relevant records, files, information and documentation, 53 which includes but is not limited to the criminal history, medical diag- 54 nosis and treatment pertaining to the terminally ill incarcerated indi- 55 vidual no more than five days from the date of the determination. (b) 56 The chairperson or his or her designee shall either accept the commis-
S. 4220 6 1 sioner's grant of medical parole, in which case the incarcerated indi- 2 vidual may be released by the commissioner, or conduct further review. 3 This decision or review shall be made within five days of the receipt of 4 the relevant records, files, information and documentation from the 5 commissioner. The chairperson's further review may include, but not be 6 limited to, an appearance by the terminally ill incarcerated individual 7 before the chairperson or his or her designee. (c) After this further 8 review, the chairperson shall either accept the commissioner's grant of 9 medical parole, in which case the incarcerated individual may be 10 released by the commissioner, or the chairperson shall schedule an 11 appearance for the terminally ill incarcerated individual before the 12 board of parole. 13 In the event the terminally ill incarcerated individual is scheduled 14 to make an appearance before the board of parole pursuant to this subdi- 15 vision, the matter shall be heard by a panel that does not include the 16 chairperson or any member of the board of parole who was involved in the 17 review of the commissioner's determination.] 18 § 2. Paragraph (a) of subdivision 1 of section 259-r of the executive 19 law, as amended by section 14-a of chapter 322 of the laws of 2021, is 20 amended to read as follows, 21 (a) The [board] commissioner shall have the power to release on 22 medical parole any incarcerated individual serving an indeterminate or 23 determinate sentence of imprisonment who, pursuant to subdivision two of 24 this section, has been certified to be suffering from a terminal condi- 25 tion, disease or syndrome and to be so debilitated or incapacitated as 26 to create a reasonable probability that [he or she] such incarcerated 27 individual is physically or cognitively incapable of presenting any 28 danger to society, provided, however, that no incarcerated individual 29 serving a sentence imposed upon a conviction for [murder in the first 30 degree or an attempt or conspiracy to commit murder in the first degree 31 shall be eligible for such release, and provided further that no incar- 32 cerated individual serving a sentence imposed upon a conviction for any 33 of the following offenses shall be eligible for such release unless in 34 the case of an indeterminate sentence he or she has served at least 35 one-half of the minimum period of the sentence and in the case of a 36 determinate sentence he or she has served at least one-half of the term 37 of his or her determinate sentence: murder in the second degree, 38 manslaughter in the first degree, any offense defined in article one 39 hundred thirty of the penal law or an attempt to commit any of these 40 offenses. Solely for the purpose of determining medical parole eligibil- 41 ity pursuant to this section, such one-half of the minimum period of the 42 indeterminate sentence and one-half of the term of the determinate 43 sentence shall not be credited with any time served under the jurisdic- 44 tion of the department prior to the commencement of such sentence pursu- 45 ant to the opening paragraph of subdivision one of section 70.30 of the 46 penal law or subdivision two-a of section 70.30 of the penal law, except 47 to the extent authorized by subdivision three of section 70.30 of the 48 penal law] an act of terrorism as defined in section 490.04 of the penal 49 law, shall be eligible for such release. 50 § 3. Section 259-s of the executive law, as amended by chapter 322 of 51 the laws of 2021, is amended to read as follows: 52 § 259-s. Release on medical parole for incarcerated individuals 53 suffering significant debilitating illnesses. 1. (a) The [board] commis- 54 sioner shall have the power to release on medical parole any incarcerat- 55 ed individual serving an indeterminate or determinate sentence of impri- 56 sonment who, pursuant to subdivision two of this section, has been
S. 4220 7 1 certified to be suffering from a significant and permanent non-terminal 2 condition, disease or syndrome that has rendered the incarcerated indi- 3 vidual so physically or cognitively debilitated or incapacitated as to 4 create a reasonable probability that [he or she] such incarcerated indi- 5 vidual does not present any danger to society, provided, however, that 6 no incarcerated individual serving a sentence imposed upon a conviction 7 for [murder in the first degree or an attempt or conspiracy to commit 8 murder in the first degree shall be eligible for such release, and 9 provided further that no incarcerated individual serving a sentence 10 imposed upon a conviction for any of the following offenses shall be 11 eligible for such release unless in the case of an indeterminate 12 sentence he or she has served at least one-half of the minimum period of 13 the sentence and in the case of a determinate sentence he or she has 14 served at least one-half of the term of his or her determinate sentence: 15 murder in the second degree, manslaughter in the first degree, any 16 offense defined in article one hundred thirty of the penal law or an 17 attempt to commit any of these offenses. Solely for the purpose of 18 determining medical parole eligibility pursuant to this section, such 19 one-half of the minimum period of the indeterminate sentence and one- 20 half of the term of the determinate sentence shall not be credited with 21 any time served under the jurisdiction of the department prior to the 22 commencement of such sentence pursuant to the opening paragraph of 23 subdivision one of section 70.30 of the penal law or subdivision two-a 24 of section 70.30 of the penal law, except to the extent authorized by 25 subdivision three of section 70.30 of the penal law] an act of terrorism 26 as defined in section 490.05 of the penal law, shall be eligible for 27 such release. 28 (b) Such release shall be granted only after the [board] commissioner 29 considers whether, in light of the incarcerated individual's medical 30 condition, there is a reasonable probability that the incarcerated indi- 31 vidual, if released, will live and remain at liberty without violating 32 the law, and that such release is not incompatible with the welfare of 33 society and will not so deprecate the seriousness of the crime as to 34 undermine respect for the law, and shall be subject to the limits and 35 conditions specified in subdivision four of this section. In making this 36 determination, the [board] commissioner shall consider: (i) the nature 37 and seriousness of the incarcerated individual's crime; (ii) the incar- 38 cerated individual's prior criminal record; (iii) the incarcerated indi- 39 vidual's disciplinary, behavioral and rehabilitative record during the 40 term of [his or her] their incarceration; (iv) [the amount of time the 41 incarcerated individual must serve before becoming eligible for release 42 pursuant to section two hundred fifty-nine-i of this article; (v)] the 43 current age of the incarcerated individual and [his or her] their age at 44 the time of the crime; [(vi) the recommendations of the sentencing 45 court, the district attorney and the victim or the victim's represen- 46 tative; (vii)] (v) the nature of the incarcerated individual's medical 47 condition, disease or syndrome and the extent of medical treatment or 48 care that the incarcerated individual will require as a result of that 49 condition, disease or syndrome; and [(viii)] (vi) any other relevant 50 factor. Except as set forth in paragraph (a) of this subdivision, such 51 release may be granted at any time during the term of an incarcerated 52 individual's sentence, notwithstanding any other provision of law. 53 [(c) The board shall afford notice to the sentencing court, the 54 district attorney, the attorney for the incarcerated individual and, 55 where necessary pursuant to subdivision two of section two hundred 56 fifty-nine-i of this article, the crime victim, that the incarcerated
S. 4220 8 1 individual is being considered for release pursuant to this section and 2 the parties receiving notice shall have thirty days to comment on the 3 release of the incarcerated individual. Release on medical parole shall 4 not be granted until the expiration of the comment period provided for 5 in this paragraph.] 6 2. (a) The commissioner, on the commissioner's own initiative or at 7 the request of an incarcerated individual, or an incarcerated individ- 8 ual's spouse, relative or attorney, may, in the exercise of the commis- 9 sioner's discretion, direct that an investigation be undertaken to 10 determine whether a diagnosis should be made of an incarcerated individ- 11 ual who appears to be suffering from a significant and permanent non- 12 terminal and incapacitating condition, disease or syndrome. Any such 13 medical diagnosis shall be made by a physician licensed to practice 14 medicine in this state pursuant to section sixty-five hundred twenty- 15 four of the education law. Such physician shall either be employed by 16 the department, shall render professional services at the request of the 17 department, or shall be employed by a hospital or medical facility used 18 by the department for the medical treatment of incarcerated individuals. 19 The diagnosis shall be reported to the commissioner and shall include 20 but shall not be limited to a description of the condition, disease or 21 syndrome suffered by the incarcerated individual, a prognosis concerning 22 the likelihood that the incarcerated individual will not recover from 23 such condition, disease or syndrome, a description of the incarcerated 24 individual's physical or cognitive incapacity which shall include a 25 prediction respecting the likely duration of the incapacity, and a 26 statement by the physician of whether the incarcerated individual is so 27 debilitated or incapacitated as to be severely restricted in [his or 28 her] their ability to self-ambulate or to perform significant normal 29 activities of daily living. This report also shall include a recommenda- 30 tion of the type and level of services and treatment the incarcerated 31 individual would require if granted medical parole and a recommendation 32 for the types of settings in which the services and treatment should be 33 given. 34 (b) The commissioner, or the commissioner's designee, shall review the 35 diagnosis and may certify that the incarcerated individual is suffering 36 from such condition, disease or syndrome and that the incarcerated indi- 37 vidual is so debilitated or incapacitated as to create a reasonable 38 probability that [he or she] such incarcerated individual is physically 39 or cognitively incapable of presenting any danger to society. If the 40 commissioner does not so certify then the incarcerated individual shall 41 not be referred to the board for consideration for release on medical 42 parole. If the commissioner does so certify, then the commissioner 43 shall, within seven working days of receipt of such diagnosis, [refer 44 the incarcerated individual to the board for consideration for] release 45 the incarcerated individual on medical parole. However, no such refer- 46 ral of an incarcerated individual to the [board of parole] commissioner 47 shall be made unless the incarcerated individual has been examined by a 48 physician and diagnosed as having a condition, disease or syndrome as 49 previously described herein at some time subsequent to such incarcerated 50 individual's admission to a facility operated by the department. 51 (c) [When the commissioner refers an incarcerated individual to the 52 board, the] The commissioner shall provide an appropriate medical 53 discharge plan established by the department. The department is author- 54 ized to request assistance from the department of health and from the 55 county in which the incarcerated individual resided and committed [his 56 or her] their crime, which shall provide assistance with respect to the
S. 4220 9 1 development and implementation of a discharge plan, including potential 2 placements of a releasee. The department and the department of health 3 shall jointly develop standards for the medical discharge plan that are 4 appropriately adapted to the criminal justice setting, based on stand- 5 ards established by the department of health for hospital medical 6 discharge planning. [The board may postpone its decision pending 7 completion of an adequate discharge plan, or may deny release based on 8 inadequacy of the discharge plan.] 9 3. Any certification by the commissioner or the commissioner's desig- 10 nee pursuant to this section shall be deemed a judicial function and 11 shall not be reviewable if done in accordance with law. 12 4. (a) Medical parole granted pursuant to this section shall be for a 13 period of six months. 14 (b) The [board] commissioner shall require as a condition of release 15 on medical parole that the releasee agree to remain under the care of a 16 physician while on medical parole and in a hospital established pursuant 17 to article twenty-eight of the public health law, a hospice established 18 pursuant to article forty of the public health law or any other place- 19 ment, including a residence with family or others, that can provide 20 appropriate medical care as specified in the medical discharge plan 21 required by subdivision two of this section. The medical discharge plan 22 shall state that the availability of the placement has been confirmed, 23 and by whom. Notwithstanding any other provision of law, when an incar- 24 cerated individual who qualifies for release under this section is 25 cognitively incapable of signing the requisite documentation to effectu- 26 ate the medical discharge plan and, after a diligent search no person 27 has been identified who could otherwise be appointed as the incarcerated 28 individual's guardian by a court of competent jurisdiction, then, solely 29 for the purpose of implementing the medical discharge plan, the facility 30 health services director at the facility where the incarcerated individ- 31 ual is currently incarcerated shall be lawfully empowered to act as the 32 incarcerated individual's guardian for the purpose of effectuating the 33 medical discharge. 34 (c) Where appropriate, the [board] commissioner shall require as a 35 condition of release that medical parolees be supervised on intensive 36 caseloads at reduced supervision ratios. 37 (d) The [board] commissioner shall require as a condition of release 38 on medical parole that the releasee undergo periodic medical examina- 39 tions and a medical examination at least one month prior to the expira- 40 tion of the period of medical parole and, for the purposes of making a 41 decision pursuant to paragraph (e) of this subdivision, that the releas- 42 ee provide the [board] commissioner with a report, prepared by the 43 treating physician, of the results of such examination. Such report 44 shall specifically state whether or not the parolee continues to suffer 45 from a significant and permanent non-terminal and debilitating condi- 46 tion, disease, or syndrome, and to be so debilitated or incapacitated as 47 to be severely restricted in [his or her] their ability to self-ambulate 48 or to perform significant normal activities of daily living. 49 (e) Prior to the expiration of the period of medical parole the 50 [board] commissioner shall review the medical examination report 51 required by paragraph (d) of this subdivision and may again grant 52 medical parole pursuant to this section; provided, however, that the 53 provisions of paragraph (c) of subdivision one and subdivision two of 54 this section shall not apply. 55 (f) If the updated medical report presented to the [board] commission- 56 er states that a parolee released pursuant to this section is no longer
S. 4220 10 1 so debilitated or incapacitated as to create a reasonable probability 2 that [he or she] such parolee is physically or cognitively incapable of 3 presenting [any] a danger to society or if the releasee fails to submit 4 the updated medical report then the [board] commissioner may not make a 5 new grant of medical parole pursuant to paragraph (e) of this subdivi- 6 sion. Where the [board] commissioner has not granted medical parole 7 pursuant to such paragraph (e) the [board] commissioner shall promptly 8 conduct [through one of its members,] or cause to be conducted by a 9 hearing officer [designated by the board,] a hearing to determine wheth- 10 er the releasee is suffering from a significant and permanent non-termi- 11 nal and incapacitating condition, disease or syndrome and is so debili- 12 tated or incapacitated as to create a reasonable probability that [he or 13 she is] they are physically or cognitively incapable of presenting any 14 danger to society and does not present a danger to society. If the 15 [board] commissioner makes such a determination then [it] they may make 16 a new grant of medical parole pursuant to the standards of paragraph (b) 17 of subdivision one of this section. At the hearing, the releasee shall 18 have the right to representation by counsel, including the right, if the 19 releasee is financially unable to retain counsel, to have the appropri- 20 ate court assign counsel in accordance with the county or city plan for 21 representation placed in operation pursuant to article eighteen-B of the 22 county law. 23 (g) The hearing and determination provided for by paragraph (f) of 24 this subdivision shall be concluded within the six month period of 25 medical parole. If the [board] commissioner does not renew the grant of 26 medical parole, [it] they shall order that the releasee be returned 27 immediately to the custody of the department of correctional services. 28 (h) In addition to the procedures set forth in paragraph (f) of this 29 subdivision, medical parole may be revoked at any time upon any of the 30 grounds specified in paragraph (a) of subdivision three of section two 31 hundred fifty-nine-i of this article, and in accordance with the proce- 32 dures specified in subdivision three of section two hundred fifty-nine-i 33 of this article. 34 (i) A releasee who is on medical parole and who becomes eligible for 35 parole pursuant to the provisions of subdivision two of section two 36 hundred fifty-nine-i of this article shall be eligible for parole 37 consideration pursuant to such subdivision. 38 5. A denial of release on medical parole or expiration of medical 39 parole in accordance with the provisions of paragraph (f) of subdivision 40 four of this section shall not preclude the incarcerated individual from 41 reapplying for medical parole or otherwise affect an incarcerated indi- 42 vidual's eligibility for any other form of release provided for by law. 43 6. To the extent that any provision of this section requires disclo- 44 sure of medical information for the purpose of processing an application 45 or making a decision, regarding release on medical parole or renewal of 46 medical parole, or for the purpose of appropriately supervising a person 47 released on medical parole, and that such disclosure would otherwise be 48 prohibited by article twenty-seven-F of the public health law, the 49 provisions of this section shall be controlling. 50 7. The commissioner [and the chair of the board] shall be authorized 51 to promulgate rules and regulations for their respective [agencies] 52 agency to implement the provisions of this section. 53 8. Any decision made by the [board] commissioner pursuant to this 54 section may be appealed pursuant to subdivision four of section two 55 hundred fifty-nine-i of this article.
S. 4220 11 1 9. The [chair of the board] commissioner shall report annually to the 2 governor, the temporary president of the senate and the speaker of the 3 assembly, the chairpersons of the assembly and senate codes committees, 4 the chairperson of the senate crime and corrections committee, and the 5 chairperson of the assembly corrections committee the number of incar- 6 cerated individuals who have applied for medical parole under this 7 section; the number who have been granted medical parole; the nature of 8 the illness of the applicants, the counties to which they have been 9 released and the nature of the placement pursuant to the medical 10 discharge plan; the categories of reasons for denial for those who have 11 been denied; the number of releasees who have been granted an additional 12 period or periods of medical parole and the number of such grants; the 13 number of releasees on medical parole who have been returned to impri- 14 sonment in the custody of the department and the reasons for return. 15 § 4. This act shall take effect immediately; provided, however, that 16 the amendments to paragraph (a) of subdivision 1 of section 259-r of the 17 executive law made by section one of this act shall be subject to the 18 expiration and reversion of such paragraph pursuant to subdivision d of 19 section 74 of chapter 3 of the laws of 1995, as amended, when upon such 20 date the provisions of section two of this act shall take effect.