STATE OF NEW YORK ________________________________________________________________________ 5804 2025-2026 Regular Sessions IN SENATE March 3, 2025 ___________ 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: 1 Section 1. Paragraph (a) of subdivision 1 of section 259-r of the 2 executive law, as amended by section 14 of chapter 322 of the laws of 3 2021, is amended to read as follows: 4 (a) The board shall have the power to release on medical parole any 5 incarcerated individual serving an indeterminate or determinate sentence 6 of imprisonment who, pursuant to subdivision two of this section, has 7 been certified to be suffering from a terminal condition, disease or 8 syndrome and to be so debilitated or incapacitated as to create a 9 reasonable probability that [he or she] such incarcerated individual is 10 physically or cognitively incapable of presenting [any] a danger to 11 society, provided, however, that no incarcerated individual serving a 12 sentence imposed upon a conviction for murder in the first degree or an 13 attempt or conspiracy to commit murder in the first degree shall be 14 eligible for such release, and provided further that no incarcerated 15 individual serving a sentence imposed upon a conviction for any of the 16 following offenses shall be eligible for such release unless in the case 17 of an indeterminate sentence [he or she] such incarcerated individual 18 has served at least one-half of the minimum period of the sentence and 19 in the case of a determinate sentence [he or she] such incarcerated 20 individual has served at least one-half of the term of [his or her] 21 their determinate sentence: murder in the second degree, manslaughter 22 in the first degree, any offense defined in article one hundred thirty 23 of the penal law or an attempt to commit any of these offenses. Solely 24 for the purpose of determining medical parole eligibility pursuant to 25 this section, such one-half of the minimum period of the indeterminate EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10070-01-5
S. 5804 2 1 sentence and one-half of the term of the determinate sentence shall not 2 be credited with any time served under the jurisdiction of the depart- 3 ment prior to the commencement of such sentence pursuant to the opening 4 paragraph of subdivision one of section 70.30 of the penal law or subdi- 5 vision two-a of section 70.30 of the penal law, except to the extent 6 authorized by subdivision three of section 70.30 of the penal law. 7 § 2. Paragraph (a) of subdivision 1 of section 259-r of the executive 8 law, as amended by section 14-a of chapter 322 of the laws of 2021, is 9 amended to read as follows: 10 (a) The board shall have the power to release on medical parole any 11 incarcerated individual serving an indeterminate or determinate sentence 12 of imprisonment who, pursuant to subdivision two of this section, has 13 been certified to be suffering from a terminal condition, disease or 14 syndrome and to be so debilitated or incapacitated as to create a 15 reasonable probability that [he or she] such incarcerated individual is 16 physically or cognitively incapable of presenting [any] a danger to 17 society, provided, however, that no incarcerated individual serving a 18 sentence imposed upon a conviction for murder in the first degree or an 19 attempt or conspiracy to commit murder in the first degree shall be 20 eligible for such release, and provided further that no incarcerated 21 individual serving a sentence imposed upon a conviction for any of the 22 following offenses shall be eligible for such release unless in the case 23 of an indeterminate sentence [he or she] such incarcerated individual 24 has served at least one-half of the minimum period of the sentence and 25 in the case of a determinate sentence [he or she] such incarcerated 26 individual has served at least one-half of the term of [his or her] 27 their determinate sentence: murder in the second degree, manslaughter 28 in the first degree, any offense defined in article one hundred thirty 29 of the penal law or an attempt to commit any of these offenses. Solely 30 for the purpose of determining medical parole eligibility pursuant to 31 this section, such one-half of the minimum period of the indeterminate 32 sentence and one-half of the term of the determinate sentence shall not 33 be credited with any time served under the jurisdiction of the depart- 34 ment prior to the commencement of such sentence pursuant to the opening 35 paragraph of subdivision one of section 70.30 of the penal law or subdi- 36 vision two-a of section 70.30 of the penal law, except to the extent 37 authorized by subdivision three of section 70.30 of the penal law. 38 § 3. Paragraph (b) of subdivision 2 of section 259-r of the executive 39 law, as amended by chapter 322 of the laws of 2021, is amended to read 40 as follows: 41 (b) The commissioner, or the commissioner's designee, shall review the 42 diagnosis and may certify that the incarcerated individual is suffering 43 from such terminal condition, disease or syndrome and that the incarcer- 44 ated individual is so debilitated or incapacitated as to [create a 45 reasonable probability that he or she is physically or cognitively inca- 46 pable of presenting any danger to society] be severely restricted in 47 their ability to self-ambulate or to perform significant normal activ- 48 ities of daily living. If the commissioner does not so certify then the 49 incarcerated individual shall not be referred to the board for consider- 50 ation for release on medical parole. If the commissioner does so certi- 51 fy, then the commissioner shall, within seven working days of receipt of 52 such diagnosis, refer the incarcerated individual to the board for 53 consideration for release on medical parole. However, no such referral 54 of an incarcerated individual to the board shall be made unless the 55 incarcerated individual has been examined by a physician and diagnosed 56 as having a terminal condition, disease or syndrome as previously
S. 5804 3 1 described herein at some time subsequent to such incarcerated individ- 2 ual's admission to a facility operated by the department of [correction- 3 al services] corrections and community supervision. 4 § 4. Subdivision 4 of section 259-r of the executive law, as amended 5 by section 38-l of subpart A of part C of chapter 62 of the laws of 6 2011, paragraph (b) as amended by chapter 322 of the laws of 2021, is 7 amended to read as follows: 8 4. (a) The board shall, upon receipt of certification from the commis- 9 sioner, independently determine whether the conditions under which the 10 incarcerated individual would be released creates a reasonable probabil- 11 ity that such incarcerated individual is physically or cognitively inca- 12 pable of presenting a danger to society. The board shall provide a 13 determination of release within thirty days upon receipt of certif- 14 ication from the commissioner. 15 (b) Medical parole granted pursuant to this section shall be for a 16 period of six months. 17 [(b)] (c) The board shall require as a condition of release on medical 18 parole that the releasee agree to remain under the care of a physician 19 while on medical parole and in a hospital established pursuant to arti- 20 cle twenty-eight of the public health law, a hospice established pursu- 21 ant to article forty of the public health law or any other placement 22 that can provide appropriate medical care as specified in the medical 23 discharge plan required by subdivision two of this section. The medical 24 discharge plan shall state that the availability of the placement has 25 been confirmed, and by whom. Notwithstanding any other provision of law, 26 when an incarcerated individual who qualifies for release under this 27 section is cognitively incapable of signing the requisite documentation 28 to effectuate the medical discharge plan and, after a diligent search no 29 person has been identified who could otherwise be appointed as the 30 incarcerated individual's guardian by a court of competent jurisdiction, 31 then, solely for the purpose of implementing the medical discharge plan, 32 the facility health services director at the facility where the incar- 33 cerated individual is currently incarcerated shall be lawfully empowered 34 to act as the incarcerated individual's guardian for the purpose of 35 effectuating the medical discharge. 36 [(c)] (d) Where appropriate, the board shall require as a condition of 37 release that medical parolees be supervised on intensive caseloads at 38 reduced supervision ratios. 39 [(d)] (e) The board shall require as a condition of release on medical 40 parole that the releasee undergo periodic medical examinations and a 41 medical examination at least one month prior to the expiration of the 42 period of medical parole and, for the purposes of making a decision 43 pursuant to paragraph [(e)] (f) of this subdivision, that the releasee 44 provide the board with a report, prepared by the treating physician, of 45 the results of such examination. Such report shall specifically state 46 whether or not the parolee continues to suffer from a terminal condi- 47 tion, disease, or syndrome, and to be so debilitated or incapacitated as 48 to be severely restricted in [his or her] their ability to self-ambulate 49 or to perform significant normal activities of daily living. 50 [(e)] (f) Prior to the expiration of the period of medical parole the 51 board shall review the medical examination report required by paragraph 52 [(d)] (e) of this subdivision and may again grant medical parole pursu- 53 ant to this section; provided, however, that the provisions of paragraph 54 (c) of subdivision one and subdivision two of this section shall not 55 apply.
S. 5804 4 1 [(f)] (g) If the updated medical report presented to the board states 2 that a parolee released pursuant to this section is no longer so debili- 3 tated or incapacitated as to create a reasonable probability that [he or 4 she] such parolee is physically or cognitively incapable of presenting 5 [any] a danger to society or if the releasee fails to submit the updated 6 medical report then the board may not make a new grant of medical parole 7 pursuant to paragraph [(e)] (f) of this subdivision. Where the board has 8 not granted medical parole pursuant to such paragraph [(e)] (f) the 9 board shall promptly conduct through one of its members, or cause to be 10 conducted by a hearing officer designated by the board, a hearing to 11 determine whether the releasee is suffering from a terminal condition, 12 disease or syndrome and is so debilitated or incapacitated as to create 13 a reasonable probability that [he or she] such releasee is physically or 14 cognitively incapable of presenting [any danger to society and does not 15 present] a danger to society. If the board makes such a determination 16 then it may make a new grant of medical parole pursuant to the standards 17 of paragraph (b) of subdivision one of this section. At the hearing, the 18 releasee shall have the right to representation by counsel, including 19 the right, if the releasee is financially unable to retain counsel, to 20 have the appropriate court assign counsel in accordance with the county 21 or city plan for representation placed in operation pursuant to article 22 eighteen-B of the county law. 23 [(g)] (h) The hearing and determination provided for by paragraph 24 [(f)] (g) of this subdivision shall be concluded within the six month 25 period of medical parole. If the board does not renew the grant of 26 medical parole, it shall order that the releasee be returned immediately 27 to the custody of the department. 28 [(h)] (i) In addition to the procedures set forth in paragraph [(f)] 29 (g) of this subdivision, medical parole may be revoked at any time upon 30 any of the grounds specified in paragraph (a) of subdivision three of 31 section two hundred fifty-nine-i of this article, and in accordance with 32 the procedures specified in subdivision three of section two hundred 33 fifty-nine-i of this article. 34 [(i)] (j) A releasee who is on medical parole and who becomes eligible 35 for 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. Paragraph (a) of subdivision 1 of section 259-s of the executive 39 law, as amended by chapter 322 of the laws of 2021, is amended to read 40 as follows: 41 (a) The board shall have the power to release on medical parole any 42 incarcerated individual serving an indeterminate or determinate sentence 43 of imprisonment who, pursuant to subdivision two of this section, has 44 been certified to be suffering from a significant and permanent non-ter- 45 minal condition, disease or syndrome that has rendered the incarcerated 46 individual so physically or cognitively debilitated or incapacitated as 47 to create a reasonable probability that [he or she] such incarcerated 48 individual does not present [any] a danger to society, provided, howev- 49 er, that no incarcerated individual serving a sentence imposed upon a 50 conviction for murder in the first degree or an attempt or conspiracy to 51 commit murder in the first degree shall be eligible for such release, 52 and provided further that no incarcerated individual serving a sentence 53 imposed upon a conviction for any of the following offenses shall be 54 eligible for such release unless in the case of an indeterminate 55 sentence [he or she] such incarcerated individual has served at least 56 one-half of the minimum period of the sentence and in the case of a
S. 5804 5 1 determinate sentence [he or she] such incarcerated individual has served 2 at least one-half of the term of [his or her] their determinate 3 sentence: murder in the second degree, manslaughter in the first degree, 4 any offense defined in article one hundred thirty of the penal law or an 5 attempt to commit any of these offenses. Solely for the purpose of 6 determining medical parole eligibility pursuant to this section, such 7 one-half of the minimum period of the indeterminate sentence and one- 8 half of the term of the determinate sentence shall not be credited with 9 any time served under the jurisdiction of the department prior to the 10 commencement of such sentence pursuant to the opening paragraph of 11 subdivision one of section 70.30 of the penal law or subdivision two-a 12 of section 70.30 of the penal law, except to the extent authorized by 13 subdivision three of section 70.30 of the penal law. 14 § 6. Paragraph (b) of subdivision 2 of section 259-s of the executive 15 law, as amended by chapter 322 of the laws of 2021, is amended to read 16 as follows: 17 (b) The commissioner, or the commissioner's designee, shall review the 18 diagnosis and may certify that the incarcerated individual is suffering 19 from such condition, disease or syndrome and that the incarcerated indi- 20 vidual is so debilitated or incapacitated as to [create a reasonable 21 probability that he or she is physically or cognitively incapable of 22 presenting any danger to society] be severely restricted in their abili- 23 ty to self-ambulate or to perform significant normal activities of daily 24 living. If the commissioner does not so certify then the incarcerated 25 individual shall not be referred to the board for consideration for 26 release on medical parole. If the commissioner does so certify, then the 27 commissioner shall, within seven working days of receipt of such diagno- 28 sis, refer the incarcerated individual to the board for consideration 29 for release on medical parole. However, no such referral of an incar- 30 cerated individual to the board of parole shall be made unless the 31 incarcerated individual has been examined by a physician and diagnosed 32 as having a condition, disease or syndrome as previously described here- 33 in at some time subsequent to such incarcerated individual's admission 34 to a facility operated by the department. 35 § 7. Subdivision 4 of section 259-s of the executive law, as amended 36 by chapter 322 of the laws of 2021, is amended to read as follows: 37 4. (a) The board shall, upon receipt of certification from the commis- 38 sioner, independently determine whether the conditions under which the 39 incarcerated individual would be released creates a reasonable probabil- 40 ity that such incarcerated individual is physically or cognitively inca- 41 pable of presenting a danger to society. The board shall provide a 42 determination of release within thirty days upon receipt of certif- 43 ication from the commissioner. 44 (b) Medical parole granted pursuant to this section shall be for a 45 period of six months. 46 [(b)] (c) The board shall require as a condition of release on medical 47 parole that the releasee agree to remain under the care of a physician 48 while on medical parole and in a hospital established pursuant to arti- 49 cle twenty-eight of the public health law, a hospice established pursu- 50 ant to article forty of the public health law or any other placement, 51 including a residence with family or others, that can provide appropri- 52 ate medical care as specified in the medical discharge plan required by 53 subdivision two of this section. The medical discharge plan shall state 54 that the availability of the placement has been confirmed, and by whom. 55 Notwithstanding any other provision of law, when an incarcerated indi- 56 vidual who qualifies for release under this section is cognitively inca-
S. 5804 6 1 pable of signing the requisite documentation to effectuate the medical 2 discharge plan and, after a diligent search no person has been identi- 3 fied who could otherwise be appointed as the incarcerated individual's 4 guardian by a court of competent jurisdiction, then, solely for the 5 purpose of implementing the medical discharge plan, the facility health 6 services director at the facility where the incarcerated individual is 7 currently incarcerated shall be lawfully empowered to act as the incar- 8 cerated individual's guardian for the purpose of effectuating the 9 medical discharge. 10 [(c)] (d) Where appropriate, the board shall require as a condition of 11 release that medical parolees be supervised on intensive caseloads at 12 reduced supervision ratios. 13 [(d)] (e) The board shall require as a condition of release on medical 14 parole that the releasee undergo periodic medical examinations and a 15 medical examination at least one month prior to the expiration of the 16 period of medical parole and, for the purposes of making a decision 17 pursuant to paragraph [(e)] (f) of this subdivision, that the releasee 18 provide the board with a report, prepared by the treating physician, of 19 the results of such examination. Such report shall specifically state 20 whether or not the parolee continues to suffer from a significant and 21 permanent non-terminal and debilitating condition, disease, or syndrome, 22 and to be so debilitated or incapacitated as to be severely restricted 23 in [his or her] their ability to self-ambulate or to perform significant 24 normal activities of daily living. 25 [(e)] (f) Prior to the expiration of the period of medical parole the 26 board shall review the medical examination report required by paragraph 27 [(d)] (e) of this subdivision and may again grant medical parole pursu- 28 ant to this section; provided, however, that the provisions of paragraph 29 (c) of subdivision one and subdivision two of this section shall not 30 apply. 31 [(f)] (g) If the updated medical report presented to the board states 32 that a parolee released pursuant to this section is no longer so debili- 33 tated or incapacitated as to create a reasonable probability that [he or 34 she] such parolee is physically or cognitively incapable of presenting 35 [any] a danger to society or if the releasee fails to submit the updated 36 medical report then the board may not make a new grant of medical parole 37 pursuant to paragraph [(e)] (f) of this subdivision. Where the board has 38 not granted medical parole pursuant to [such] paragraph [(e)] (f) of 39 this subdivision the board shall promptly conduct through one of its 40 members, or cause to be conducted by a hearing officer designated by the 41 board, a hearing to determine whether the releasee is suffering from a 42 significant and permanent non-terminal and incapacitating condition, 43 disease or syndrome and is so debilitated or incapacitated as to create 44 a reasonable probability that [he or she] such releasee is physically or 45 cognitively incapable of presenting [any danger to society and does not 46 present] a danger to society. If the board makes such a determination 47 then it may make a new grant of medical parole pursuant to the standards 48 of paragraph (b) of subdivision one of this section. At the hearing, the 49 releasee shall have the right to representation by counsel, including 50 the right, if the releasee is financially unable to retain counsel, to 51 have the appropriate court assign counsel in accordance with the county 52 or city plan for representation placed in operation pursuant to article 53 eighteen-B of the county law. 54 [(g)] (h) The hearing and determination provided for by paragraph 55 [(f)] (g) of this subdivision shall be concluded within the six month 56 period of medical parole. If the board does not renew the grant of
S. 5804 7 1 medical parole, it shall order that the releasee be returned immediately 2 to the custody of the department of [correctional services] corrections 3 and community supervision. 4 [(h)] (i) In addition to the procedures set forth in paragraph [(f)] 5 (g) of this subdivision, medical parole may be revoked at any time upon 6 any of the grounds specified in paragraph (a) of subdivision three of 7 section two hundred fifty-nine-i of this article, and in accordance with 8 the procedures specified in subdivision three of section two hundred 9 fifty-nine-i of this article. 10 [(i)] (j) A releasee who is on medical parole and who becomes eligible 11 for parole pursuant to the provisions of subdivision two of section two 12 hundred fifty-nine-i of this article shall be eligible for parole 13 consideration pursuant to such subdivision. 14 § 8. This act shall take effect immediately; provided, however, that 15 the amendments to paragraph (a) of subdivision 1 of section 259-r of the 16 executive law made by section one of this act shall be subject to the 17 expiration and reversion of such paragraph pursuant to subdivision d of 18 section 74 of chapter 3 of the laws of 1995, as amended, when upon such 19 date the provisions of section two of this act shall take effect.