What's happening
This bill amends New York's medical parole laws to clarify eligibility and procedures for releasing seriously ill or incapacitated inmates.
Why it matters
Clarifies critical criteria for medical parole eligibility. , requiring inmates to be so physically or cognitively debilitated that they are "severely restricted" in self-mobility or daily living activities—potentially narrowing or specifying who qualifies and reducing ambiguity in parole decisions.
Splits the decision-making responsibility. Medical professionals certify the inmate's medical condition and level of incapacity, but the parole board independently determines if the inmate poses a danger to society under the proposed release conditions. This dual process adds checks and may affect approval rates.
Establishes stricter and more transparent timelines. The parole board must provide a release determination within 30 days of receiving certification, promoting timely decisions for seriously ill or incapacitated inmates, which may prevent unnecessary suffering or prolonged incarceration.
Provides procedural safeguards and conditions. The bill mandates ongoing medical supervision, periodic examinations, and outlines steps for review, renewal, or revocation of medical parole. This ensures ongoing evaluation of public safety and the inmate's health status, aiming to balance compassion with community protection.
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Who cares
Headline styles
Update Medical Parole Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
2 Co-sponsors
History
- Referred to crime victims, crime and correction
- Reported and committed to finance
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Medical Parole Access
Assembly Floor Calendar · Sponsor David Weprin
Full text
7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2688
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. SEPULVEDA -- 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 Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 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, is amended to read as follows:
(a) The board 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] a 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 section, such one-half of the minimum period of the indeterminate sentence and onehalf of the term of the determinate sentence shall not be credited with any time served under the jurisdiction of the department prior to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07224-01-9
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commencement of such sentence pursuant to the opening paragraph of subdivision one of section 70.30 of the penal law or subdivision two-a of section 70.30 of the penal law, except to the extent authorized by subdivision three of section 70.30 of the penal law.
§ 2. Paragraph (a) of subdivision 1 of section 259-r of the executive law, as amended by section 38-l-1 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
(a) The board 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] a 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 section, such one-half of the minimum period of the indeterminate sentence and onehalf of the term of the determinate sentence shall not be credited with any time served under the jurisdiction of the department prior to the commencement of such sentence pursuant to the opening paragraph of subdivision one of section 70.30 of the penal law or subdivision two-a of section 70.30 of the penal law, except to the extent authorized by subdivision three of section 70.30 of the penal law.
§ 3. Paragraph (b) of subdivision 2 of section 259-r of the executive law, as amended by section 38-l of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
(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 danger to society] be severely restricted in his or her ability to self-ambulate or to perform significant normal activities of daily living. If the commissioner does not so certify then the inmate 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 diagnosis, refer the inmate to the board for consideration for release on medical parole. However, no such referral of an inmate to the board 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] 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, is amended to read as follows:
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4. (a) The board shall, upon receipt of certification from the commissioner, independently determine whether the conditions under which the inmate would be released creates a reasonable probability that he or she is physically or cognitively incapable of presenting a danger to society. The board shall provide a determination of release within thirty days upon receipt of certification from the commissioner.
(b) Medical parole granted pursuant to this section shall be for a period of six months.
[(b)] (c) The board shall require as a condition of release on medical parole that the releasee agree to remain under the care of a physician while on medical parole and in a hospital established pursuant to 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)] (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 condition, disease, or syndrome, and to be so debilitated or incapacitated as to be severely restricted in his or her ability to self-ambulate or to perform significant normal activities of daily living.
[(e)] (f) Prior to the expiration of the period of medical parole the board shall review the medical examination report required by paragraph [(d)] (e) of this subdivision and may again grant medical parole 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)] (g) If the updated medical report presented to the board 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] a danger to society or if the releasee fails to submit the updated medical report then the board may not make a new grant of medical parole pursuant to paragraph [(e)] (f) of this subdivision. Where the board has not granted medical parole pursuant to such paragraph [(e)] (f) the board shall promptly conduct through one of its members, or cause to be conducted by a hearing officer designated by the board, a hearing to determine wheth-
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er 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 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 section 38-m of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
(a) The board 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 significant and permanent non-terminal condition, disease or syndrome that has rendered the inmate so physically or cognitively debilitated or incapacitated as to create a reasonable probability that he or she does not present [any] a danger to society, provided, however, that no 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 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
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to the extent authorized by subdivision three of section 70.30 of the penal law.
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 medical parole
Purpose or general idea of bill
To clarify the medical parole review process
Summary of specific provisions
Section 1 makes a technical amendment to paragraph (a) of subdivision one of 259-r of the executive law in requiring the consideration of danger presented to society.
Read the full memo (1,055 words)
Section 2 makes an amendment to paragraph (b) of subdivision two of 259-r of the executive law to clarify that the commissioner of the department of corrections or his designee who reviews medical parole applications is expected and required to make a medical determination in certifying an application for review by the board of parole for release consideration.
Sections 3 amends subdivision four of section 259-r of the executive law to clarify the role of the board of parole in making a determination as to the danger presented to public, safety by the medical parole appli- cant who has received from the commissioner certification of medical eligibility.
Section 4 makes the same technical amendment to section 259-s of the executive law as section 1 of this bill makes to section 259-r.
Section 5 makes the same amendment to paragraph (b) of subdivision two of 259-2 of the executive law as section 2 of this bill makes to section 259-r.
Section 6 makes the same amendment to subdivision four of section 259-s of the executive law as section 3 of this bill makes to section 259-r.
Section 7 if the effective date.
Justification
Sixteen people died between 2005 and 2009 while waiting for their medical parole board interviews, an indication that the medical parole process is taking too long.
In 2009 medical parole was expanded beyond section 259-r for terminally ill inmates to create section 259-s for inmates with non-terminal illnesses and conditions that render them so physically debilitated or cognitively impaired that they do not present a danger to,society. In spite of the legislative intent to expand medical parole, no one was released to medical parole in 2009 or 2010, the last year for which records are available. The near lack of use of these statutes can be attributed to the implementation process as well as the statutory language itself, both of which this bill attempts to rectify.
We have spent millions of dollars to build regional medical units, a unit for the cognitively impaired, units for the terminally ill, units for persons on dialysis, units for the wheelchair bound, hospice units and other such units providing more than 500 beds for inmates whom we know are seriously ill, terminally ill or physically unable to care for themselves and yet most inmates who apply for medical parole are not being certified by the Department of Corrections as incapacitated enough to create a reasonably probability that they are safe to release.
The population of 2,000 inmates over age 60 is projected to quadruple to more than 6,000 inmates in the ten years. We currently spend $12 million a year on prescription medication for inmates, as well as millions of dollars more on medical procedures and treatment for a variety of infirmities such as cancer, liver failure, kidney failure and other ailments, all costs for which also quadruple in the next decade. Of the few inmates who were certified by the Department to proceed to the parole board process, some died before their interview because the procedures created to implement the statute takes too long while over 130 inmates die every year inside prisons, many from old age and infirm- ity.
This bill attempts to address some of the deficiencies in the medical parole certification and parole board hearing processes so that inmates who are dying or severely restricted in their ability to self-ambulate or perform significant normal activities due to the debilitative nature of their medical conditions can be released to die at home or be cared for by their families or in outside medical facilities.
Section 1 and 4 amend 259-r and 259-s, respectively, by changing the word "any" to "a" in regards to the danger presented to society were such inmate to be released. The Department of Correction and the Parole Board release 26,000 inmates every year, regardless of their physical capacity to reoffend; physically debilitated and terminally ill inmates should not be held to a higher standard than healthy inmates under the medical parole statute. The intention of the change in the language provided by this bill is to instruct the board of parole to consider whether an inmate's medical condition makes it unlikely that he or she will pose a danger to society, not that it's a physical impossibility. It is noteworthy that the Executive's memorandum in support of 259-s in 2009, and in much of the 259-r statute itself "a danger" is used rather than "any danger".
Sections 2 and 4 amend 259-r and 259-s, respectively, by requiring the commissioner or designee of the department of corrections to make a medical determination as to whether or not an inmate meets the medical requirements under the statute. Currently, the statute requires the commissioner to make a safety determination duplicative of the function of the parole board, but without the personal interview and other due process requirements pursuant to 259-i. The determination as to whether or not an inmate presents a danger to society is clearly the function of the parole board, not the commissioner, and should be provided due proc- ess protections inherent in the parole process. This bill makes clear that the medical determination made by the Department should not usurp the function of the parole board.
Sections 3 and 5 amends 259-r and 259-s, respectively, to clarify that the board of parole, upon receipt of medical certification from the department shall make a judgment as to whether or not such inmate presents a danger to society. Finally, the bill provides that the board shall make its determination within thirty days of receiving such certification from the commissioner with the intended result being that fewer inmates will die while waiting for the parole board to interview them.
Prior legislative history
Advanced to third reading 2012, 2013, 2014, 2015, 2016.
Fiscal implications
Projected to cost $150K per year to retain a significantly ill, debili- tated or terminal inmate, any additional releases may incur a savings.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.