S. 6131 2
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 RELEASE.
(b) Such release shall be granted only after the [board] COMMISSIONER
considers whether, in light of the incarcerated individual's medical
condition, there is a reasonable probability that the incarcerated indi-
vidual, 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 incarcerated individual'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 incarcerated individual that
the incarcerated individual 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 incarcerated individual. 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 incarcerated individual, or an incarcerated individ-
ual's spouse, relative or attorney, may, in the exercise of the commis-
sioner's discretion, direct that an investigation be undertaken to
determine whether a diagnosis should be made of an incarcerated individ-
ual who appears to be suffering from a terminal condition, disease or
syndrome. Any such medical diagnosis shall be made by a physician
licensed to practice medicine in this state pursuant to section sixty-
five hundred twenty-four of the education law. Such physician shall
either be employed by the department, shall render professional services
at the request of the department, or shall be employed by a hospital or
medical facility used by the department for the medical treatment of
incarcerated individuals. The diagnosis shall be reported to the commis-
sioner and shall include but shall not be limited to a description of
the terminal condition, disease or syndrome suffered by the incarcerated
individual, a prognosis concerning the likelihood that the incarcerated
individual will not recover from such terminal condition, disease or
syndrome, a description of the incarcerated individual's physical or
cognitive incapacity which shall include a prediction respecting the
likely duration of the incapacity, and a statement by the physician of
whether the incarcerated individual is so debilitated or incapacitated
as to be severely restricted in his or her ability to self-ambulate or
to perform significant normal activities of daily living. This report
also shall include a recommendation of the type and level of services
and treatment the incarcerated individual would require if granted
medical parole and a recommendation for the types of settings in which
the services and treatment should be given.
S. 6131 3
(b) The commissioner, or the commissioner's designee, shall review the
diagnosis and may certify that the incarcerated individual is suffering
from such terminal condition, disease or syndrome and that the incarcer-
ated individual is so debilitated or incapacitated as to create a
reasonable probability that he or she is physically or cognitively inca-
pable of presenting [any] A danger to society. [If the commissioner does
not so certify then the incarcerated individual 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 incarcerated indi-
vidual [to the board for consideration] for release on medical parole.
However, no such [referral of an incarcerated individual to the board]
RELEASE shall be made unless the incarcerated individual has been exam-
ined by a physician and diagnosed as having a terminal condition,
disease or syndrome as previously described herein at some time subse-
quent to such incarcerated individual's admission to a facility operated
by the department of correctional services.
(c) [When the commissioner refers an incarcerated individual to the
board, the] THE commissioner shall provide an appropriate medical
discharge plan established by the department. The department is author-
ized to request assistance from the department of health and from the
county in which the incarcerated individual resided and committed his or
her crime, which shall provide assistance with respect to the develop-
ment and implementation of a discharge plan, including potential place-
ments of a releasee. The department and the department of health shall
jointly develop standards for the medical discharge plan that are appro-
priately adapted to the criminal justice setting, based on standards
established by the department of health for hospital medical discharge
planning. The [board] COMMISSIONER may postpone its decision pending
completion of an adequate discharge plan, or may deny release based on
inadequacy of the discharge plan.
3. Any certification by the commissioner or the commissioner's 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 incarcerated individual 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 incarcerated individual'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 incarcerated individual is currently incarcerated
shall be lawfully empowered to act as the incarcerated individual's
guardian for the purpose of effectuating the medical discharge.
S. 6131 4
(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
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
S. 6131 5
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 incarcerated individual from
reapplying for medical parole or otherwise affect an incarcerated indi-
vidual'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 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 incarcerated
individuals who have applied for medical parole; 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
releases who have been granted an additional period or periods of
medical parole and the number of such grants; the number of releases 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
incarcerated individual 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
incarcerated individual ineligible for presumptive release, the granting
of medical parole shall be determined by the commissioner provided that
a release of such incarcerated individual 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 incarcerated indi-
vidual no more than five days from the date of the determination. (b)
The chairperson or his or her designee shall either accept the commis-
S. 6131 6
sioner's grant of medical parole, in which case the incarcerated indi-
vidual 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 incarcerated individual
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 incarcerated individual may be
released by the commissioner, or the chairperson shall schedule an
appearance for the terminally ill incarcerated individual before the
board of parole.
In the event the terminally ill incarcerated individual is scheduled
to make an appearance before the board of parole pursuant to this subdi-
vision, 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 14-a of the chapter 322 of the laws of 2021,
is amended to read as follows,
(a) The [board] COMMISSIONER shall have the power to release on
medical parole any incarcerated individual 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 condi-
tion, 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 incarcerated individual 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 incarcerated individual 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 to the extent authorized by
subdivision three of section 70.30 of the penal law] AN ACT OF TERRORISM
AS DEFINED IN SECTION 490.04 OF THE PENAL LAW, SHALL BE ELIGIBLE FOR
SUCH RELEASE.
§ 3. Section 259-s of the executive law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 259-s. Release on medical parole for incarcerated individuals
suffering significant debilitating illnesses. 1. (a) The [board] COMMIS-
SIONER shall have the power to release on medical parole any incarcerat-
ed individual serving an indeterminate or determinate sentence of impri-
sonment who, pursuant to subdivision two of this section, has been
S. 6131 7
certified to be suffering from a significant and permanent non-terminal
condition, disease or syndrome that has rendered the incarcerated indi-
vidual so 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 incarcerated individual
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 incar-
cerated individual 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 eligibil-
ity 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 jurisdic-
tion of the department prior to the commencement of such sentence pursu-
ant to the opening paragraph of subdivision one of section 70.30 of the
penal law or subdivision two-a of section 70.30 of the penal law, except
to the extent authorized by subdivision three of section 70.30 of the
penal law] AN ACT OF TERRORISM AS DEFINED IN SECTION 490.05 OF THE PENAL
LAW, SHALL BE ELIGIBLE FOR SUCH RELEASE.
(b) Such release shall be granted only after the [board] COMMISSIONER
considers whether, in light of the incarcerated individual's medical
condition, there is a reasonable probability that the incarcerated indi-
vidual, 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] COMMISSIONER shall consider: (i) the nature
and seriousness of the incarcerated individual's crime; (ii) the incar-
cerated individual's prior criminal record; (iii) the incarcerated indi-
vidual's disciplinary, behavioral and rehabilitative record during the
term of his or her incarceration; (iv) [the amount of time the incarcer-
ated individual must serve before becoming eligible for release pursuant
to section two hundred fifty-nine-i of this article; (v)] the current
age of the incarcerated individual 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 incarcerated individual's medical condition, disease or
syndrome and the extent of medical treatment or care that the incarcer-
ated individual 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 incarcerated individual'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 incarcerated individual and,
where necessary pursuant to subdivision two of section two hundred
fifty-nine-i of this article, the crime victim, that the incarcerated
individual is being considered for release pursuant to this section and
S. 6131 8
the parties receiving notice shall have thirty days to comment on the
release of the incarcerated individual. 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 incarcerated individual, or an incarcerated individ-
ual's spouse, relative or attorney, may, in the exercise of the commis-
sioner's discretion, direct that an investigation be undertaken to
determine whether a diagnosis should be made of an incarcerated individ-
ual 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 incarcerated individuals.
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 incarcerated individual, a prognosis concerning
the likelihood that the incarcerated individual will not recover from
such condition, disease or syndrome, a description of the incarcerated
individual's physical or cognitive incapacity which shall include a
prediction respecting the likely duration of the incapacity, and a
statement by the physician of whether the incarcerated individual is so
debilitated or incapacitated as to be severely restricted in his or her
ability to self-ambulate or to perform significant normal activities of
daily living. This report also shall include a recommendation of the
type and level of services and treatment the incarcerated individual
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 incarcerated individual is suffering
from such condition, disease or syndrome and that the incarcerated indi-
vidual 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. If the commissioner does not so certi-
fy then the incarcerated individual 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 incarcerated individual to the
board for consideration for] release THE INCARCERATED INDIVIDUAL on
medical parole. However, no such referral of an incarcerated individual
to the [board of parole] COMMISSIONER shall be made unless the incarcer-
ated individual 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 incarcerated individual's admission to a facili-
ty operated by the department.
(c) [When the commissioner refers an incarcerated individual to the
board, the] THE commissioner shall provide an appropriate medical
discharge plan established by the department. The department is author-
ized to request assistance from the department of health and from the
county in which the incarcerated individual resided and committed his or
her crime, which shall provide assistance with respect to the develop-
ment and implementation of a discharge plan, including potential place-
ments of a releasee. The department and the department of health shall
S. 6131 9
jointly develop standards for the medical discharge plan that are appro-
priately 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.
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 incar-
cerated individual who qualifies for release under this section is
cognitively incapable of signing the requisite documentation to effectu-
ate the medical discharge plan and, after a diligent search no person
has been identified who could otherwise be appointed as the incarcerated
individual'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 incarcerated individ-
ual is currently incarcerated shall be lawfully empowered to act as the
incarcerated individual'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] 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
S. 6131 10
[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
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 incarcerated individual from
reapplying for medical parole or otherwise affect an incarcerated indi-
vidual'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,
S. 6131 11
the chairperson of the senate crime and corrections committee, and the
chairperson of the assembly corrections committee the number of incar-
cerated individuals 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 impri-
sonment 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.
