LBD09335-01-9
S. 4221 2
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] 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 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.
(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 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
S. 4221 3
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 estab-
lished 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 depart-
ment 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 desig-
nee 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 place-
ment 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 place-
ment 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 examina-
tions and a medical examination at least one month prior to the expira-
tion of the period of medical parole and, for the purposes of making a
decision pursuant to paragraph (e) of this subdivision, that the releas-
ee provide the board with a report, prepared by the treating physician,
of the results of such examination. Such report shall specifically state
S. 4221 4
whether or not the parolee continues to suffer from a terminal condi-
tion, 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] COMMISSION-
ER 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 pursu-
ant 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 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] 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 proce-
dures 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
S. 4221 5
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.
7. The commissioner [and the chairman of the board] shall be author-
ized to promulgate rules and regulations for their respective agencies
to implement the provisions of this section.
8. Any decision made by the [board] COMMISSIONER pursuant to this
section may be appealed pursuant to subdivision four of section two
hundred fifty-nine-i of this article.
9. The [chairman] COMMISSIONER 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; the number who have been granted
medical parole; the nature of the illness of the applicants, the coun-
ties 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 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
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.
S. 4221 6
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] 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 cogni-
tively 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
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] AN
ACT OF TERRORISM AS DEFINED IN SECTION 490.05 OF THE PENAL LAW, SHALL BE
ELIGIBLE FOR SUCH RELEASE.
§ 3. 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:
§ 259-s. Release on medical parole for inmates suffering significant
debilitating illnesses. 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 significant
and permanent non-terminal condition, disease or syndrome that has
rendered the inmate so physically or cognitively debilitated or incapac-
itated 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 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 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
S. 4221 7
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] 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. In making this determination, the [board] COMMIS-
SIONER 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 amount of time the inmate must serve
before becoming eligible for release pursuant to section two hundred
fifty-nine-i of this article; (v)] the current age of the inmate and his
or her age at the time of the crime; [(vi) the recommendations of the
sentencing court, the district attorney and the victim or the victim's
representative; (vii)] (V) 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)] (VI) 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
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
S. 4221 8
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 condi-
tion, disease or syndrome and that the inmate is so debilitated or inca-
pacitated as to create a reasonable probability that he or she is phys-
ically 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 THE INMATE on medical parole.
However, no such referral of an inmate to the [board of parole] COMMIS-
SIONER shall be made unless the inmate has been examined by a physician
and diagnosed as having a condition, 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] THE
commissioner shall provide an appropriate medical discharge plan estab-
lished 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 depart-
ment 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.
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 place-
ment, including a residence with family or others, 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
S. 4221 9
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 effectuat-
ing 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 examina-
tions and a medical examination at least one month prior to the expira-
tion of the period of medical parole and, for the purposes of making a
decision pursuant to paragraph (e) of this subdivision, that the releas-
ee provide the [board] COMMISSIONER 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 significant and permanent non-terminal and debilitating condi-
tion, 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] COMMISSION-
ER 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] COMMISSIONER 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 significant and permanent non-terminal and incapaci-
tating condition, disease or syndrome and is so debilitated or incapaci-
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] COMMISSIONER makes such
a determination then [it] HE OR SHE 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
S. 4221 10
medical parole. If the [board] COMMISSIONER does not renew the grant of
medical parole, [it] HE OR SHE 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 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 proce-
dures 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 otherwise 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] HIS OR HER respective
[agencies] AGENCY to implement the provisions of this section.
8. Any decision made by the [board] COMMISSIONER 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] COMMISSIONER 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 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 under this section; 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 additional 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.
§ 4. This act shall take effect immediately, provided, however, that
the amendments to paragraph (a) of subdivision 1 of section 259-r of the
executive law made by section one of this act shall be subject to the
expiration and reversion of such paragraph pursuant to subdivision d of
section 74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section two of this act shall take effect.
