What's happening
This bill prohibits granting medical parole to inmates convicted of acts of terrorism as defined by New York law.
Why it matters
Limits compassionate release for terrorism convictions. By making those convicted of acts of terrorism ineligible for medical parole, the bill ensures that even terminally ill or severely debilitated inmates serving time for terrorism-related crimes must remain incarcerated for the duration of their sentence. This creates a clear distinction between terrorism and other violent or serious offenses regarding eligibility for early release on humanitarian grounds.
Signals a tough-on-terror approach. The legislation reflects a policy choice that treats terrorism as categorically different from other crimes, sending a message that the state will not extend leniency to individuals convicted under these statutes, regardless of their health status. This may be intended to reinforce deterrence and address public concern over the release of such offenders.
Removes parole board discretion for these cases. The bill eliminates the ability of parole officials to consider individual circumstances or rehabilitation progress for terrorism convictions, reducing flexibility in the justice system. In effect, it removes a safety valve for extraordinary situations, potentially resulting in higher correctional costs and challenging situations for prison healthcare systems.
Aligns with broader trends in criminal justice policy. This amendment is part of a broader national trend in which certain categories of crimes—especially those involving terrorism—are increasingly excluded from release, parole, or sentence reduction programs. This could impact debates about proportionality, humane treatment, and the balance between public safety and prisoner rights.
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Who cares
Headline styles
Ban Parole for Terrorists
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
10 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1700
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
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 Assembly, do enact as follows:
Section 1. 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, subdivisions 10 and 11 as added by section 1 of part A of chapter 55 of the laws of 2015, is amended to read as follows:
§ 259-r. Release on medical parole for terminally ill inmates. 1. (a) The [board] commissioner shall have the power to release on medical parole any inmate serving an indeterminate or determinate sentence of imprisonment who, pursuant to subdivision two of this section, has been certified to be suffering from a terminal condition, disease or syndrome and to be so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society, provided, however, that no inmate serving a sentence imposed upon a conviction for [murder in the first degree or an attempt or conspiracy to commit murder in the first degree shall be eligible for such release, and provided further that no inmate serving a sentence imposed upon a conviction for any of the following offenses shall be eligible for such release unless in the case of an indeterminate sentence he or she has served at least one-half of the minimum period of 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07348-01-7
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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] an act of terrorism as defined in section 490.05 of the penal law, shall be eligible for such release.
(b) Such release shall be granted only after the [board] commissioner considers whether, in light of the inmate's medical condition, there is a reasonable probability that the inmate, if released, will live and remain at liberty without violating the law, and that such release is not incompatible with the welfare of society and will not so deprecate the seriousness of the crime as to undermine respect for the law, and shall be subject to the limits and conditions specified in subdivision four of this section. Except as set forth in paragraph (a) of this subdivision, such release may be granted at any time during the term of an inmate's sentence, notwithstanding any other provision of law.
[(c) The board shall afford notice to the sentencing court, the district attorney and the attorney for the inmate that the inmate is being considered for release pursuant to this section and the parties receiving notice shall have fifteen days to comment on the release of the inmate. Release on medical parole shall not be granted until the expiration of the comment period provided for in this paragraph.]
2. (a) The commissioner, on the commissioner's own initiative or at the request of an inmate, or an inmate's spouse, relative or attorney, may, in the exercise of the commissioner's discretion, direct that an investigation be undertaken to determine whether a diagnosis should be made of an inmate who appears to be suffering from a terminal condition, disease or syndrome. Any such medical diagnosis shall be made by a physician licensed to practice medicine in this state pursuant to section sixty-five hundred twenty-four of the education law. Such physician shall either be employed by the department, shall render professional services at the request of the department, or shall be employed by a hospital or medical facility used by the department for the medical treatment of inmates. The diagnosis shall be reported to the commissioner and shall include but shall not be limited to a description of the terminal condition, disease or syndrome suffered by the inmate, a prognosis concerning the likelihood that the inmate will not recover from such terminal condition, disease or syndrome, a description of the inmate's physical or cognitive incapacity which shall include a prediction respecting the likely duration of the incapacity, and a statement by the physician of whether the inmate is 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. This report also shall include a recommendation of the type and level of services and treatment the inmate would require if granted medical parole and a recommendation for the types of settings in which the services and treatment should be given.
(b) The commissioner, or the commissioner's designee, shall review the diagnosis and may certify that the inmate is suffering from such terminal condition, disease or syndrome and that the inmate is so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting [any] a danger to society. [If the commissioner does not so certify then the inmate shall
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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 diagnosis, refer the inmate [to the board for consideration] for release on medical parole. However, no [such referral of an inmate to the board] release shall be made unless the inmate 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 inmate's admission to a facility operated by the department of correctional services.
(c) [When the commissioner refers an inmate to the board, the] The commissioner shall provide an appropriate medical discharge plan established by the department. The department is authorized to request assistance from the department of health and from the county in which the inmate resided and committed his or her crime, which shall provide assistance with respect to the development and implementation of a discharge plan, including potential placements of a releasee. The department and the department of health shall jointly develop standards for the medical discharge plan that are appropriately adapted to the criminal justice setting, based on standards established by the department of health for hospital medical discharge planning. The [board] commissioner may postpone its decision pending completion of an adequate discharge plan, or may deny release based on inadequacy of the discharge plan.
3. Any certification by the commissioner or the commissioner's designee pursuant to this section shall be deemed a judicial function and shall not be reviewable if done in accordance with law.
4. (a) Medical parole granted pursuant to this section shall be for a period of six months.
(b) The [board] commissioner 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 article twenty-eight of the public health law, a hospice established pursuant 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 inmate 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 inmate'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 inmate is currently incarcerated shall be lawfully empowered to act as the inmate's guardian for the purpose of effectuating the medical discharge.
(c) Where appropriate, the [board] commissioner shall require as a condition of release that medical parolees be supervised on intensive caseloads at reduced supervision ratios.
(d) The [board] commissioner 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) 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
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whether or not the parolee continues to suffer from a terminal 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) Prior to the expiration of the period of medical parole the [board] commissioner shall review the medical examination report required by paragraph (d) of this subdivision and may again grant medical parole pursuant to this section; provided, however, that the provisions of [paragraph (c) of subdivision one and] subdivision two of this section shall not apply.
(f) If the updated medical report presented to the [board] commissioner states that a parolee released pursuant to this section is no longer 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 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) of this subdivision. Where the [board] commissioner has not granted medical parole pursuant to such paragraph (e) the [board] commissioner 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 is physically or cognitively incapable of presenting any danger to society and does not present a danger to society. If the [board] commissioner 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) The hearing and determination provided for by paragraph (f) of this subdivision shall be concluded within the six month period of medical parole. If the [board] commissioner does not renew the grant of medical parole, it shall order that the releasee be returned immediately to the custody of the department.
(h) In addition to the procedures set forth in paragraph (f) 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) 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. A denial of release on medical parole or expiration of medical parole in accordance with the provisions of paragraph (f) of subdivision four of this section shall not preclude the inmate from reapplying for medical parole or otherwise affect an inmate's eligibility for any other form of release provided for by law.
6. To the extent that any provision of this section requires disclosure of medical information for the purpose of processing an application or making a decision, regarding release on medical parole or renewal of
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medical parole, or for the purpose of appropriately supervising a person released on medical parole, and that such disclosure would otherwise be prohibited by article twenty-seven-F of the public health law, the provisions of this section shall be controlling.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to prohibiting medical parole for persons convicted of an act of terrorism
Purpose
The purpose of this bill is (1) to streamline and fast tract applications for medical parole by authorizing the Commissioner for the Department of Corrections and Community Supervision to assume complete discretion over approving applications for medical parole; and expanding eligibility for medical parole to cover any sentence, except a sentence for an act of terrorism. This bill transfers the power to grant medical parole from the Board of Parole to the DOCCS Commissioner, to fast track applications for terminally ill inmates or inmates whose medical condition has deteriorated to the degree that that they will pose no reasonable threat to the public safety.
Summary of provisions
(1) Throughout the statute governing applications for medical parole the word "board" or "board of parole" is replaced by the word "Commissioner" or Commissioner for the Department of Correction and Community Supervision; (2) Section 259-s is amended so that only inmates convicted and sentenced for an act of terrorism as defined in section 490.05 of the penal law shall be deemed ineligible to apply for medical parole.
Read the full memo (988 words)
Justification
Each year only a small number of inmates are eligible to apply for medical parole. An inmate may be eligible to apply if the inmate has (1) a terminal health condition; or (2) a significant and permanent non-terminal condition, disease or syndrome; (3) the inmate is so physically or cognitively debilitated or incapacitated that there is a reasonable probability that he or she no longer represents any danger to society.
Medical Parole Program Highlights
The following represents summaries of medical parole processing and outcomes for all applications reviewed by the Board of Parole from June 1992 through December 2013 (11 years).
(1) From June 1992 through the end of December 2013, there were 495 certified applications submitted for medical parole. The past five years showed an average of 13 applications submitted per year: 12 in 2009; 10 in 2010; 10 in 2011; 18 in 2012 and 17 during 2013.
(2) The primary diagnoses of the 495 applicants were as follows: HIV+/AIDS (55%), Cancer (28%) and Other (16%). Eighty-six percent of the applicants were male and 14 percent were female.
(3) Of the 495 applicants for medical parole, 106 dropped out of the medical parole process prior to having a Board Interview. Of these, 99 applicants died prior to Board Interview, 4 applicants withdrew their applications and the remaining 3 applicants were discharged by court order or had reached their parole eligibility date prior to Board Interview.
(4) From June 1992 through December 2013, 354 of the 389 (91%) medical parole applicants who appeared before the Board were granted medical parole. The 29 applicants who were denied release were denied due to
risk assessment/criminal history. The remaining 6 were postponed and died prior to their next Board appearance.
(5) For those inmates appearing before the Parole Board through December 2013, an average of 22 business days elapsed between the date the application was received and the date of the Board appearance; however, excluding the statutorily required 15-day waiting period, an average of 7 business days elapsed.
(6) For those inmates granted release in 2013, an average of 21 business days elapsed between the Board appearance date and the release date. This was a 16% decrease from 25 business days during 1993.
(7) Since medical parole's inception in June 1992, approximately 56,531 prison days have been saved due to parolees' early release to medical parole supervision.
(8) A total of 83 percent (270) of the 327 inmates released on medical parole through December 2013 were released to New York City. The remaining 57 inmates were released to counties in 4 upstate New York.
(9) Placements pursuant to the final medical discharge plans for the 327 releases through December 2013 were as follows: 219 to skilled nursing facilities, 51 to hospital settings, 53 to home care and 3 to hospice care (missing placement information for one person).
(10) A total of 17 (5%) of the 327 cases granted medical parole and released between June 1992 and December 2013 were still under medical parole supervision at the end of December 2013. Two hundred nineteen parolees (71%) died following release, 84 parolees (27%) converted to regular parole at their PE dates, one was discharged as a merit termination, one was discharged by the Board, and 5 parolees (2%) were revoked and returned to prison.
(11) The 17 parolees under medical parole supervision at the end of December 2013 had been under supervision for a total of 5,387 days, or an average of 317 days per parolee. Each parolee's medical condition is assessed every six months to ascertain the appropriateness of their continued status on medical parole. Conclusion The medical parole program continues to meet its primary objective to provide a compassionate release mechanism for sick or dying inmates. As the medical parole program marked 21 1/2 years of existence at the end of December 2013, only 5 of the 327 medical parole releasees (2%) had been returned to prison.
As noted earlier. Between 1999 and 2013, 99 applicants for medical parole died before the board interview and 106 dropped out of the process before seeing the board. This special form of parole is fact specific and justified by a medical opinion. It is the intent of this bill to increase the pool of fragile applicants that apply for medical release and the amount of time the application is being processed.
Legislative history
2016: S.7863 (Hassel-Thompson)- REFERRED TO CHILDREN AND FAMILIES
Fiscal implications
To be determined but the sponsors believe that the cost of medical care outside of prison mill be cheaper, yet qualitatively superior to the cost of incarceration and medical care inside of prison.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.