STATE OF NEW YORK ________________________________________________________________________ 5948 2025-2026 Regular Sessions IN ASSEMBLY February 25, 2025 ___________ Introduced by M. of A. DILAN -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to medical parole The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 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 26 sentence and one-half of the term of the determinate sentence shall not EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10070-01-5

A. 5948 2 1 be credited with any time served under the jurisdiction of the depart- 2 ment prior to the commencement of such sentence pursuant to the opening 3 paragraph of subdivision one of section 70.30 of the penal law or subdi- 4 vision two-a of section 70.30 of the penal law, except to the extent 5 authorized by subdivision three of section 70.30 of the penal law. 6 § 2. Paragraph (a) of subdivision 1 of section 259-r of the executive 7 law, as amended by section 14-a of chapter 322 of the laws of 2021, is 8 amended to read as follows: 9 (a) The board shall have the power to release on medical parole any 10 incarcerated individual serving an indeterminate or determinate sentence 11 of imprisonment who, pursuant to subdivision two of this section, has 12 been certified to be suffering from a terminal condition, disease or 13 syndrome and to be so debilitated or incapacitated as to create a 14 reasonable probability that [~~he or she~~] such incarcerated individual is 15 physically or cognitively incapable of presenting [~~any~~] a danger to 16 society, provided, however, that no incarcerated individual serving a 17 sentence imposed upon a conviction for murder in the first degree or an 18 attempt or conspiracy to commit murder in the first degree shall be 19 eligible for such release, and provided further that no incarcerated 20 individual serving a sentence imposed upon a conviction for any of the 21 following offenses shall be eligible for such release unless in the case 22 of an indeterminate sentence [~~he or she~~] such incarcerated individual 23 has served at least one-half of the minimum period of the sentence and 24 in the case of a determinate sentence [~~he or she~~] such incarcerated 25 individual has served at least one-half of the term of [~~his or her~~] 26 their determinate sentence: murder in the second degree, manslaughter 27 in the first degree, any offense defined in article one hundred thirty 28 of the penal law or an attempt to commit any of these offenses. Solely 29 for the purpose of determining medical parole eligibility pursuant to 30 this section, such one-half of the minimum period of the indeterminate 31 sentence and one-half of the term of the determinate sentence shall not 32 be credited with any time served under the jurisdiction of the depart- 33 ment prior to the commencement of such sentence pursuant to the opening 34 paragraph of subdivision one of section 70.30 of the penal law or subdi- 35 vision two-a of section 70.30 of the penal law, except to the extent 36 authorized by subdivision three of section 70.30 of the penal law. 37 § 3. Paragraph (b) of subdivision 2 of section 259-r of the executive 38 law, as amended by chapter 322 of the laws of 2021, is amended to read 39 as follows: 40 (b) The commissioner, or the commissioner's designee, shall review the 41 diagnosis and may certify that the incarcerated individual is suffering 42 from such terminal condition, disease or syndrome and that the incarcer- 43 ated individual is so debilitated or incapacitated as to [~~create a~~ 44 ~~reasonable probability that he or she is physically or cognitively inca-~~ 45 ~~pable of presenting any danger to society~~] be severely restricted in 46 their ability to self-ambulate or to perform significant normal activ- 47 ities of daily living. If the commissioner does not so certify then the 48 incarcerated individual shall not be referred to the board for consider- 49 ation for release on medical parole. If the commissioner does so certi- 50 fy, then the commissioner shall, within seven working days of receipt of 51 such diagnosis, refer the incarcerated individual to the board for 52 consideration for release on medical parole. However, no such referral 53 of an incarcerated individual to the board shall be made unless the 54 incarcerated individual has been examined by a physician and diagnosed 55 as having a terminal condition, disease or syndrome as previously 56 described herein at some time subsequent to such incarcerated individ-

A. 5948 3 1 ual's admission to a facility operated by the department of [~~correction-~~ 2 ~~al services~~] corrections and community supervision. 3 § 4. Subdivision 4 of section 259-r of the executive law, as amended 4 by section 38-l of subpart A of part C of chapter 62 of the laws of 5 2011, paragraph (b) as amended by chapter 322 of the laws of 2021, is 6 amended to read as follows: 7 4. (a) The board shall, upon receipt of certification from the commis- 8 sioner, independently determine whether the conditions under which the 9 incarcerated individual would be released creates a reasonable probabil- 10 ity that such incarcerated individual is physically or cognitively inca- 11 pable of presenting a danger to society. The board shall provide a 12 determination of release within thirty days upon receipt of certif- 13 ication from the commissioner. 14 (b) Medical parole granted pursuant to this section shall be for a 15 period of six months. 16 [~~(b)~~] (c) The board shall require as a condition of release on medical 17 parole that the releasee agree to remain under the care of a physician 18 while on medical parole and in a hospital established pursuant to arti- 19 cle twenty-eight of the public health law, a hospice established pursu- 20 ant to article forty of the public health law or any other placement 21 that can provide appropriate medical care as specified in the medical 22 discharge plan required by subdivision two of this section. The medical 23 discharge plan shall state that the availability of the placement has 24 been confirmed, and by whom. Notwithstanding any other provision of law, 25 when an incarcerated individual who qualifies for release under this 26 section is cognitively incapable of signing the requisite documentation 27 to effectuate the medical discharge plan and, after a diligent search no 28 person has been identified who could otherwise be appointed as the 29 incarcerated individual's guardian by a court of competent jurisdiction, 30 then, solely for the purpose of implementing the medical discharge plan, 31 the facility health services director at the facility where the incar- 32 cerated individual is currently incarcerated shall be lawfully empowered 33 to act as the incarcerated individual's guardian for the purpose of 34 effectuating the medical discharge. 35 [~~(c)~~] (d) Where appropriate, the board shall require as a condition of 36 release that medical parolees be supervised on intensive caseloads at 37 reduced supervision ratios. 38 [~~(d)~~] (e) The board shall require as a condition of release on medical 39 parole that the releasee undergo periodic medical examinations and a 40 medical examination at least one month prior to the expiration of the 41 period of medical parole and, for the purposes of making a decision 42 pursuant to paragraph [~~(e)~~] (f) of this subdivision, that the releasee 43 provide the board with a report, prepared by the treating physician, of 44 the results of such examination. Such report shall specifically state 45 whether or not the parolee continues to suffer from a terminal 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)~~] (f) Prior to the expiration of the period of medical parole the 50 board shall review the medical examination report required by paragraph 51 [~~(d)~~] (e) of this subdivision and may again grant medical parole pursu- 52 ant to this section; provided, however, that the provisions of paragraph 53 (c) of subdivision one and subdivision two of this section shall not 54 apply. 55 [~~(f)~~] (g) If the updated medical report presented to the board states 56 that a parolee released pursuant to this section is no longer so debili-

A. 5948 4 1 tated or incapacitated as to create a reasonable probability that [~~he or~~ 2 ~~she~~] such parolee is physically or cognitively incapable of presenting 3 [~~any~~] a danger to society or if the releasee fails to submit the updated 4 medical report then the board may not make a new grant of medical parole 5 pursuant to paragraph [~~(e)~~] (f) of this subdivision. Where the board has 6 not granted medical parole pursuant to such paragraph [~~(e)~~] (f) the 7 board shall promptly conduct through one of its members, or cause to be 8 conducted by a hearing officer designated by the board, a hearing to 9 determine whether the releasee is suffering from a terminal condition, 10 disease or syndrome and is so debilitated or incapacitated as to create 11 a reasonable probability that [~~he or she~~] such releasee is physically or 12 cognitively incapable of presenting [~~any danger to society and does not~~ 13 ~~present~~] a danger to society. If the board makes such a determination 14 then it may make a new grant of medical parole pursuant to the standards 15 of paragraph (b) of subdivision one of this section. At the hearing, the 16 releasee shall have the right to representation by counsel, including 17 the right, if the releasee is financially unable to retain counsel, to 18 have the appropriate court assign counsel in accordance with the county 19 or city plan for representation placed in operation pursuant to article 20 eighteen-B of the county law. 21 [~~(g)~~] (h) The hearing and determination provided for by paragraph 22 [~~(f)~~] (g) of this subdivision shall be concluded within the six month 23 period of medical parole. If the board does not renew the grant of 24 medical parole, it shall order that the releasee be returned immediately 25 to the custody of the department. 26 [~~(h)~~] (i) In addition to the procedures set forth in paragraph [~~(f)~~] 27 (g) of this subdivision, medical parole may be revoked at any time upon 28 any of the grounds specified in paragraph (a) of subdivision three of 29 section two hundred fifty-nine-i of this article, and in accordance with 30 the procedures specified in subdivision three of section two hundred 31 fifty-nine-i of this article. 32 [~~(i)~~] (j) A releasee who is on medical parole and who becomes eligible 33 for parole pursuant to the provisions of subdivision two of section two 34 hundred fifty-nine-i of this article shall be eligible for parole 35 consideration pursuant to such subdivision. 36 § 5. Paragraph (a) of subdivision 1 of section 259-s of the executive 37 law, as amended by chapter 322 of the laws of 2021, is amended to read 38 as follows: 39 (a) The board shall have the power to release on medical parole any 40 incarcerated individual serving an indeterminate or determinate sentence 41 of imprisonment who, pursuant to subdivision two of this section, has 42 been certified to be suffering from a significant and permanent non-ter- 43 minal condition, disease or syndrome that has rendered the incarcerated 44 individual so physically or cognitively debilitated or incapacitated as 45 to create a reasonable probability that [~~he or she~~] such incarcerated 46 individual does not present [~~any~~] a danger to society, provided, howev- 47 er, that no incarcerated individual serving a sentence imposed upon a 48 conviction for murder in the first degree or an attempt or conspiracy to 49 commit murder in the first degree shall be eligible for such release, 50 and provided further that no incarcerated individual serving a sentence 51 imposed upon a conviction for any of the following offenses shall be 52 eligible for such release unless in the case of an indeterminate 53 sentence [~~he or she~~] such incarcerated individual has served at least 54 one-half of the minimum period of the sentence and in the case of a 55 determinate sentence [~~he or she~~] such incarcerated individual has served 56 at least one-half of the term of [~~his or her~~] their determinate

A. 5948 5 1 sentence: murder in the second degree, manslaughter in the first degree, 2 any offense defined in article one hundred thirty of the penal law or an 3 attempt to commit any of these offenses. Solely for the purpose of 4 determining medical parole eligibility pursuant to this section, such 5 one-half of the minimum period of the indeterminate sentence and one- 6 half of the term of the determinate sentence shall not be credited with 7 any time served under the jurisdiction of the department prior to the 8 commencement of such sentence pursuant to the opening paragraph of 9 subdivision one of section 70.30 of the penal law or subdivision two-a 10 of section 70.30 of the penal law, except to the extent authorized by 11 subdivision three of section 70.30 of the penal law. 12 § 6. Paragraph (b) of subdivision 2 of section 259-s of the executive 13 law, as amended by chapter 322 of the laws of 2021, is amended to read 14 as follows: 15 (b) The commissioner, or the commissioner's designee, shall review the 16 diagnosis and may certify that the incarcerated individual is suffering 17 from such condition, disease or syndrome and that the incarcerated indi- 18 vidual is so debilitated or incapacitated as to [~~create a reasonable~~ 19 ~~probability that he or she is physically or cognitively incapable of~~ 20 ~~presenting any danger to society~~] be severely restricted in their abili- 21 ty to self-ambulate or to perform significant normal activities of daily 22 living. If the commissioner does not so certify then the incarcerated 23 individual shall not be referred to the board for consideration for 24 release on medical parole. If the commissioner does so certify, then the 25 commissioner shall, within seven working days of receipt of such diagno- 26 sis, refer the incarcerated individual to the board for consideration 27 for release on medical parole. However, no such referral of an incar- 28 cerated individual to the board of parole shall be made unless the 29 incarcerated individual has been examined by a physician and diagnosed 30 as having a condition, disease or syndrome as previously described here- 31 in at some time subsequent to such incarcerated individual's admission 32 to a facility operated by the department. 33 § 7. Subdivision 4 of section 259-s of the executive law, as amended 34 by chapter 322 of the laws of 2021, is amended to read as follows: 35 4. (a) The board shall, upon receipt of certification from the commis- 36 sioner, independently determine whether the conditions under which the 37 incarcerated individual would be released creates a reasonable probabil- 38 ity that such incarcerated individual is physically or cognitively inca- 39 pable of presenting a danger to society. The board shall provide a 40 determination of release within thirty days upon receipt of certif- 41 ication from the commissioner. 42 (b) Medical parole granted pursuant to this section shall be for a 43 period of six months. 44 [~~(b)~~] (c) The board shall require as a condition of release on medical 45 parole that the releasee agree to remain under the care of a physician 46 while on medical parole and in a hospital established pursuant to arti- 47 cle twenty-eight of the public health law, a hospice established pursu- 48 ant to article forty of the public health law or any other placement, 49 including a residence with family or others, that can provide appropri- 50 ate medical care as specified in the medical discharge plan required by 51 subdivision two of this section. The medical discharge plan shall state 52 that the availability of the placement has been confirmed, and by whom. 53 Notwithstanding any other provision of law, when an incarcerated indi- 54 vidual who qualifies for release under this section is cognitively inca- 55 pable of signing the requisite documentation to effectuate the medical 56 discharge plan and, after a diligent search no person has been identi-

A. 5948 6 1 fied who could otherwise be appointed as the incarcerated individual's 2 guardian by a court of competent jurisdiction, then, solely for the 3 purpose of implementing the medical discharge plan, the facility health 4 services director at the facility where the incarcerated individual is 5 currently incarcerated shall be lawfully empowered to act as the incar- 6 cerated individual's guardian for the purpose of effectuating the 7 medical discharge. 8 [~~(c)~~] (d) Where appropriate, the board shall require as a condition of 9 release that medical parolees be supervised on intensive caseloads at 10 reduced supervision ratios. 11 [~~(d)~~] (e) The board shall require as a condition of release on medical 12 parole that the releasee undergo periodic medical examinations and a 13 medical examination at least one month prior to the expiration of the 14 period of medical parole and, for the purposes of making a decision 15 pursuant to paragraph [~~(e)~~] (f) of this subdivision, that the releasee 16 provide the board with a report, prepared by the treating physician, of 17 the results of such examination. Such report shall specifically state 18 whether or not the parolee continues to suffer from a significant and 19 permanent non-terminal and debilitating condition, disease, or syndrome, 20 and to be so debilitated or incapacitated as to be severely restricted 21 in [~~his or her~~] their ability to self-ambulate or to perform significant 22 normal activities of daily living. 23 [~~(e)~~] (f) Prior to the expiration of the period of medical parole the 24 board shall review the medical examination report required by paragraph 25 [~~(d)~~] (e) of this subdivision and may again grant medical parole pursu- 26 ant to this section; provided, however, that the provisions of paragraph 27 (c) of subdivision one and subdivision two of this section shall not 28 apply. 29 [~~(f)~~] (g) If the updated medical report presented to the board states 30 that a parolee released pursuant to this section is no longer so debili- 31 tated or incapacitated as to create a reasonable probability that [~~he or~~ 32 ~~she~~] such parolee is physically or cognitively incapable of presenting 33 [~~any~~] a danger to society or if the releasee fails to submit the updated 34 medical report then the board may not make a new grant of medical parole 35 pursuant to paragraph [~~(e)~~] (f) of this subdivision. Where the board has 36 not granted medical parole pursuant to [~~such~~] paragraph [~~(e)~~] (f) of 37 this subdivision the board shall promptly conduct through one of its 38 members, or cause to be conducted by a hearing officer designated by the 39 board, a hearing to determine whether the releasee is suffering from a 40 significant and permanent non-terminal and incapacitating condition, 41 disease or syndrome and is so debilitated or incapacitated as to create 42 a reasonable probability that [~~he or she~~] such releasee is physically or 43 cognitively incapable of presenting [~~any danger to society and does not~~ 44 ~~present~~] a danger to society. If the board makes such a determination 45 then it may make a new grant of medical parole pursuant to the standards 46 of paragraph (b) of subdivision one of this section. At the hearing, the 47 releasee shall have the right to representation by counsel, including 48 the right, if the releasee is financially unable to retain counsel, to 49 have the appropriate court assign counsel in accordance with the county 50 or city plan for representation placed in operation pursuant to article 51 eighteen-B of the county law. 52 [~~(g)~~] (h) The hearing and determination provided for by paragraph 53 [~~(f)~~] (g) of this subdivision shall be concluded within the six month 54 period of medical parole. If the board does not renew the grant of 55 medical parole, it shall order that the releasee be returned immediately

A. 5948 7 1 to the custody of the department of [~~correctional services~~] corrections 2 and community supervision. 3 [~~(h)~~] (i) In addition to the procedures set forth in paragraph [~~(f)~~] 4 (g) of this subdivision, medical parole may be revoked at any time upon 5 any of the grounds specified in paragraph (a) of subdivision three of 6 section two hundred fifty-nine-i of this article, and in accordance with 7 the procedures specified in subdivision three of section two hundred 8 fifty-nine-i of this article. 9 [~~(i)~~] (j) A releasee who is on medical parole and who becomes eligible 10 for parole pursuant to the provisions of subdivision two of section two 11 hundred fifty-nine-i of this article shall be eligible for parole 12 consideration pursuant to such subdivision. 13 § 8. This act shall take effect immediately; provided, however, that 14 the amendments to paragraph (a) of subdivision 1 of section 259-r of the 15 executive law made by section one of this act shall be subject to the 16 expiration and reversion of such paragraph pursuant to subdivision d of 17 section 74 of chapter 3 of the laws of 1995, as amended, when upon such 18 date the provisions of section two of this act shall take effect.

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