[ ] is old law to be omitted.
LBD14397-01-8
A. 10343 2
ment prior to the commencement of such sentence pursuant to the opening
paragraph of subdivision one of section 70.30 of the penal law or subdi-
vision 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.
(b) Such release shall be granted only after the board considers
whether, in light of the inmate's medical condition, there is a reason-
able probability that the inmate, if released, will live and remain at
liberty without violating the law, and that such release is not incom-
patible with the welfare of society and will not so deprecate the seri-
ousness 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. IN MAKING THIS DETERMINATION, THE BOARD SHALL CONSIDER:
(I) THE FACTORS DESCRIBED IN SUBDIVISION TWO OF SECTION TWO HUNDRED
FIFTY-NINE-I OF THIS ARTICLE; (II) THE NATURE OF THE INMATE'S MEDICAL
CONDITION, DISEASE OR SYNDROME AND THE EXTENT OF MEDICAL TREATMENT OR
CARE THAT THE INMATE WILL REQUIRE AS A RESULT OF THAT CONDITION, DISEASE
OR SYNDROME; (III) THE AMOUNT OF TIME THE INMATE MUST SERVE BEFORE
BECOMING ELIGIBLE FOR RELEASE PURSUANT TO SECTION TWO HUNDRED FIFTY-
NINE-I OF THIS ARTICLE; (IV) THE CURRENT AGE OF THE INMATE AND HIS OR
HER AGE AT THE TIME OF THE CRIME; AND (V) ANY OTHER RELEVANT FACTOR.
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 AND, WHERE NECES-
SARY PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF
THIS ARTICLE, THE CRIME VICTIM, 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 physi-
cian shall either be employed by the department, shall render profes-
sional 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 commission-
er and shall include but shall not be limited to a description of the
terminal condition, disease or syndrome suffered by the inmate, a prog-
nosis 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 predic-
tion respecting the likely duration of the incapacity, and a statement
by the physician of whether the inmate is so debilitated or incapaci-
tated as to be severely restricted in his or her ability to self-ambu-
late 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.
A. 10343 3
(b) The commissioner, or the commissioner's designee, shall review the
diagnosis and may certify that the inmate is suffering from such termi-
nal condition, disease or syndrome [and that the inmate is so debili-
tated or incapacitated as to create a reasonable probability that he or
she is physically or cognitively incapable of presenting any danger to
society]. 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 oper-
ated by the department of correctional services.
(c) When the commissioner refers an inmate to the board, the commis-
sioner 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 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 desig-
nee pursuant to this section shall be [deeemed] DEEMED a judicial func-
tion 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.] ONCE AN INMATE IS RELEASED ON MEDICAL PAROLE,
THAT INMATE WILL THEN BE SUPERVISED BY THE DEPARTMENT PURSUANT TO PARA-
GRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
ARTICLE.
(b) The board [shall] MAY 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 arti-
cle twenty-eight of the public health law, a hospice established pursu-
ant 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 cogni-
tively 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 guardi-
an 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.
A. 10343 4
(c) Where appropriate, the board shall require as a condition of
release that medical parolees be supervised on intensive caseloads at
reduced supervision ratios.
(d) [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) 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 wheth-
er 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
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 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 has not granted medical parole
pursuant to such paragraph (e) the board shall promptly conduct through
one of its members, or cause to be conducted by a hearing officer desig-
nated 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
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 represen-
tation 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 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] 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.]
A. 10343 5
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 disclo-
sure of medical information for the purpose of processing an application
or making a decision, regarding release on medical parole [or renewal of
medical parole,] or for the purpose of appropriately supervising a
person released on medical parole, and that such disclosure would other-
wise be prohibited by article twenty-seven-F of the public health law,
the provisions of this section shall be controlling.
7. The commissioner and the chairman of the board shall be authorized
to promulgate rules and regulations for their respective agencies to
implement the provisions of this section.
8. Any decision made by the board pursuant to this section may be
appealed pursuant to subdivision four of section two hundred
fifty-nine-i of this article.
9. The chairman shall report annually to the governor, the temporary
president of the senate and the speaker of the assembly, the chair-
persons of the assembly and senate codes committees, the chairperson of
the senate crime and corrections committee, and the chairperson of the
assembly corrections committee the number of inmates who have applied
for medical parole; the number who have been granted medical parole; the
nature of the illness of the applicants, the counties to which they have
been released and the nature of the placement pursuant to the medical
discharge plan; the categories of reasons for denial for those who have
been denied; [the number of releasees who have been granted an addi-
tional period or periods of medical parole and the number of such
grants;] the number of releasees on medical parole who have been
returned to imprisonment in the custody of the department and the
reasons for return.
10. Notwithstanding any other provision of law, in the case of an
inmate whose terminal condition, disease or syndrome meets the criteria
for medical parole as set forth in paragraph (a) of subdivision one of
this section, and who is not serving a sentence for one or more offenses
set forth in paragraph (i) of subdivision one of section eight hundred
six of the correction law which would render such inmate ineligible for
presumptive release, the granting of medical parole shall be determined
by the commissioner provided that a release of such inmate shall be in
accordance with subdivision eleven of this section. In such case, the
provisions that would have applied to and the procedures that would have
been followed by the board of parole pursuant to this section shall
apply to and be followed by the commissioner.
11. (a) After the commissioner has made a determination to grant
medical parole pursuant to subdivision ten of this section, the commis-
sioner shall notify the chairperson of the board of parole, or their
designee who shall be a member of the board of parole, and provide him
or her with all relevant records, files, information and documentation,
which includes but is not limited to the criminal history, medical diag-
nosis and treatment pertaining to the terminally ill inmate no more than
five days from the date of the determination. (b) The chairperson or his
or her designee shall either accept the commissioner's grant of medical
parole, in which case the inmate may be released by the commissioner, or
conduct further review. This decision or review shall be made within
five days of the receipt of the relevant records, files, information and
A. 10343 6
documentation from the commissioner. The chairperson's further review
may include, but not be limited to, an appearance by the terminally ill
inmate before the chairperson or his or her designee. (c) After this
further review, the chairperson shall either accept the commissioner's
grant of medical parole, in which case the inmate may be released by the
commissioner, or the chairperson shall schedule an appearance for the
terminally ill inmate before the board of parole.
In the event the terminally ill inmate is scheduled to make an appear-
ance before the board of parole pursuant to this subdivision, the matter
shall be heard by a panel that does not include the chairperson or any
member of the board of parole who was involved in the review of the
commissioner's determination.
§ 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
danger to society], provided, however, that no inmate serving a sentence
imposed upon a conviction for murder in the first degree, AGGRAVATED
MURDER or an attempt or conspiracy to commit murder in the first degree
OR AGGRAVATED MURDER OR A SENTENCE OF LIFE WITHOUT PAROLE 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 indetermi-
nate 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 depart-
ment prior to the commencement of such sentence pursuant to the opening
paragraph of subdivision one of section 70.30 of the penal law or subdi-
vision 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. Section 259-s 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:
§ 259-s. Release on medical parole for inmates suffering significant
debilitating illnesses. 1. (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] SIGNIFICANTLY physically or cognitively debilitated or
incapacitated [as to create a reasonable probability that he or she does
not present any danger to society], provided, however, that no inmate
serving a sentence imposed upon a conviction for murder in the first
degree, AGGRAVATED MURDER or an attempt or conspiracy to commit murder
A. 10343 7
in the first degree OR AGGRAVATED MURDER OR A SENTENCE OF LIFE WITHOUT
PAROLE 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 depart-
ment prior to the commencement of such sentence pursuant to the opening
paragraph of subdivision one of section 70.30 of the penal law or subdi-
vision 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.
(b) Such release shall be granted only after the board considers
whether, in light of the inmate's medical condition, there is a reason-
able probability that the inmate, if released, will live and remain at
liberty without violating the law, and that such release is not incom-
patible with the welfare of society and will not so deprecate the seri-
ousness 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. In making this determination, the board shall consider:
(i) [the nature and seriousness of the inmate's crime; (ii) the inmate's
prior criminal record; (iii) the inmate's disciplinary, behavioral and
rehabilitative record during the term of his or her incarceration; (iv)]
THE FACTORS DESCRIBED IN SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-
NINE-I OF THIS ARTICLE; (II) THE NATURE OF THE INMATE'S MEDICAL CONDI-
TION, DISEASE OR SYNDROME AND THE EXTENT OF MEDICAL TREATMENT OR CARE
THAT THE INMATE WILL REQUIRE AS A RESULT OF THAT CONDITION, DISEASE OR
SYNDROME; (III) the amount of time the inmate must serve before becoming
eligible for release pursuant to section two hundred fifty-nine-i of
this article; [(v)] (IV) the current age of the inmate and his or her
age at the time of the crime; [(vi) the recommendations of the sentenc-
ing court, the district attorney and the victim or the victim's repre-
sentative; (vii) the nature of the inmate's medical condition, disease
or syndrome and the extent of medical treatment or care that the inmate
will require as a result of that condition, disease or syndrome;] and
[(viii)] (V) any other relevant factor. 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, the attorney for the inmate and, where necessary
pursuant to subdivision two of section two hundred fifty-nine-i of this
article, the crime victim, that the inmate is being considered for
release pursuant to this section and the parties receiving notice shall
have thirty 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
A. 10343 8
investigation be undertaken to determine whether a diagnosis should be
made of an inmate who appears to be suffering from a significant and
permanent non-terminal and incapacitating 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 condition,
disease or syndrome suffered by the inmate, a prognosis concerning the
likelihood that the inmate will not recover from such condition, disease
or syndrome, a description of the inmate's physical or cognitive inca-
pacity 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 recommenda-
tion 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 SIGNIF-
ICANT AND PERMANENT NON-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 inca-
pable of presenting any danger to society] AND THAT THE INMATE IS
SIGNIFICANTLY PHYSICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED.
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 of parole shall be made unless the
inmate has been examined by a physician and diagnosed as having a condi-
tion, disease or syndrome as previously described herein at some time
subsequent to such inmate's admission to a facility operated by the
department.
(c) When the commissioner refers an inmate to the board, the commis-
sioner 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 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 desig-
nee pursuant to this section shall be deemed a judicial function and
shall not be reviewable if done in accordance with law.
A. 10343 9
4. (a) [Medical parole granted pursuant to this section shall be for a
period of six months.] ONCE AN INMATE IS RELEASED ON MEDICAL PAROLE,
THAT INMATE WILL THEN BE SUPERVISED BY THE DEPARTMENT PURSUANT TO PARA-
GRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
ARTICLE.
(b) The board [shall] MAY 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 arti-
cle twenty-eight of the public health law, a hospice established pursu-
ant to article forty of the public health law or any other placement,
including a residence with family or others, that can provide appropri-
ate 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 other-
wise 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 shall require as a condition of
release that medical parollees be supervised on intensive caseloads at
reduced supervision ratios.
(d) [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) 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 wheth-
er or not the parolee continues to suffer from a significant and perma-
nent non-terminal and debilitating 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
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 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 has not granted medical parole
pursuant to such paragraph (e) the board shall promptly conduct through
one of its members, or cause to be conducted by a hearing officer desig-
nated by the board, a hearing to determine whether the releasee is
suffering from a significant and permanent non-terminal and incapacitat-
ing condition, disease or syndrome and is so debilitated or incapaci-
A. 10343 10
tated 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) 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 does not renew the grant of medical parole,
it shall order that the releasee be returned immediately to the custody
of the department of correctional services.
(h) In addition to the procedures set forth in paragraph (f) of this
subdivision, medical] 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 disclo-
sure of medical information for the purpose of processing an application
or making a decision, regarding release on medical parole [or renewal of
medical parole,] or for the purpose of appropriately supervising a
person released on medical parole, and that such disclosure would other-
wise be prohibited by article twenty-seven-F of the public health law,
the provisions of this section shall be controlling.
7. The commissioner and the chair of the board shall be authorized to
promulgate rules and regulations for their respective agencies to imple-
ment the provisions of this section.
8. Any decision made by the board pursuant to this section may be
appealed pursuant to subdivision four of section two hundred
fifty-nine-i of this article.
9. The chair of the board shall report annually to the governor, the
temporary president of the senate and the speaker of the assembly, the
chairpersons of the assembly and senate codes committees, the chair-
person of the senate crime and corrections committee, and the chair-
person of the assembly corrections committee the number of inmates who
have applied for medical parole under this section; the number who have
been granted medical parole; the nature of the illness of the appli-
cants, the counties to which they have been released and the nature of
the placement pursuant to the medical discharge plan; the categories of
reasons for denial for those who have been denied; [the number of
releasees who have been granted an additional period or periods of
medical parole and the number of such grants;] the number of releasees
A. 10343 11
on medical parole who have been returned to imprisonment in the custody
of the department and the reasons for return.
§ 4. This act shall take effect immediately; provided, however, that
the amendments made to paragraph (a) of subdivision 1 of section 259-r
of the executive law by section one of this act shall not affect the
expiration of such paragraph pursuant to chapter 3 of the laws of 1995,
when upon such date the provisions of section two of this act shall take
effect.