NY State Senate Bill 2025-S5804

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2025	referred to crime victims, crime and correction

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2025-S5804 (ACTIVE) - Details

See Assembly Version of this Bill:: A5948
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§259-r & 259-s, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9465
2013-2014: A4726
2015-2016: A670
2017-2018: A4036
2019-2020: S2688, A4235
2021-2022: S2907, A4347
2023-2024: S6283, A7190

2025-S5804 (ACTIVE) - Summary

Relates to medical parole and determinations of whether a person released on medical parole is physically or cognitively incapable of presenting a danger to society.

2025-S5804 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5804

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the executive law, in relation to medical parole

 
PURPOSE:

To clarify the medical parole review process.

 
SUMMARY OF PROVISIONS:

Section 1 makes a technical amendment to paragraph (a) of subdivision 1
of 259-r of the executive law requiring the consideration of danger
presented to society.

Section 2 amends paragraph (a) of section 259-r of the executive law to
clarify when medical parole can be granted.

Section 3 makes an amendment to paragraph (b) of subdivision two of
259-r of the executive law to clarify that the commissioner of the

department of corrections or his designee who reviews medical parole
applications is expected and required to make a medical determination in
certifying an application for review by the board of parole for release
consideration.

Sections 4 amends subdivision four of section 259-r of the executive law
to clarify the role of the board of parole in making a determination as
to the danger presented to public, safety by the medical parole appli-
cant who has received from the commissioner certification of medical
eligibility.

Section 5 makes the same technical amendment to section 259-s of the
executive law as section 1 of this bill makes to section 259-r.

Section 6 makes the same amendment to paragraph (b) of subdivision 2 of
259-s of the executive law as section 2 of this bill makes to section
259-r.

Section 7 makes the same amendment to subdivision 4 of section 259-s of
the executive law as section 3 of this bill makes to section 259-r.

Section 8 provides for the effective date.

 
JUSTIFICATION:

Sixteen people died between 2005 and 2009 while waiting for their
medical parole board interviews, an indication that the medical parole
process is taking too long.

In 2009 medical parole was expanded beyond section 259-r for terminally
ill inmates to create section 259-s for inmates with non-terminal
illnesses and conditions that render them so physically debilitated or
cognitively impaired that they do not present a danger to society. In
spite of the legislative intent to expand medical parole, no one was
released to medical parole in 2009 or 2010, the last year for which
records are available. The near lack of use of these statutes can be

attributed to the implementation process as well as the statutory
language itself, both of which this bill attempts to rectify.

We have spent millions of dollars to build regional medical units, a
unit for the cognitively impaired, units for the terminally ill, units
for persons on dialysis, units for the wheelchair bound, hospice units
and other such units providing more than 500 beds for inmates whom we
know are seriously ill, terminally ill or physically unable to care for
themselves and yet most inmates who apply for medical parole are not
being certified by the Department of Corrections as incapacitated enough
to create a reasonable probability that they are safe to release.

The population of 2,000 inmates over age 60 is projected to quadruple to
more than 6,000 inmates in the next ten years. We currently spend $12
million a year on prescription medication for inmates, as well as
millions of dollars more on medical procedures and treatment for a vari-
ety of infirmities such as cancer, liver failure, kidney failure and
other ailments, all costs for which also quadrupled in the next decade.
Of the few inmates who were certified by the Department to proceed to
the parole board process, some died before their interview because the
procedures created to implement the statute take too long while over 130
inmates die every year inside prisons, many from old age and infirmity.

This bill attempts to address some of the deficiencies in the medical
parole certification and parole board hearing processes so that inmates
who are dying or severely restricted in their ability to self-ambulate
or perform significant normal activities due to the debilitative nature
of their medical conditions can be released to die at home or be cared
for by their families or in outside medical facilities.

Section 1 and 2 amend 259-r and 259-s, respectively, by changing the
word "any" to "a" in regard to the danger presented to society were such
inmate to be released. The Department of Correction and the Parole Board
release 26,000 inmates every year, regardless of their physical capacity
to reoffend; physically debilitated and terminally ill inmates should
not be held to a higher standard than healthy inmates under the medical
parole statute. The intention of the change in the language provided by
this bill is to instruct the board of parole to consider whether an
inmate's medical condition makes it unlikely that he or she will pose a
danger to society, not that it's a physical impossibility.  It is note-
worthy that the Executive's memorandum in support of 259-s in 2009, and
in much of the 259-r statute itself "a danger" is used rather than "any
danger".

Sections 3 and 4 amend 259-r and 259-s, respectively, by requiring the
commissioner or designee of the department of corrections and community
supervision to make a medical determination as to whether or not an
inmate meets the medical requirements under the statute. Currently, the
statute requires the commissioner to make a safety determination dupli-
cative of the function of the parole board, but without the personal
interview and other due process requirements pursuant to 259-i. The
determination as to whether or not an inmate presents a danger to socie-
ty is clearly the function of the parole board, not the commissioner,
and should be provided due process protections inherent in the parole
process. This bill makes clear that the medical determination made by
the Department should not usurp the function of the parole board.


Sections 4 and 5 amends 259-r and 259-s, respectively, to clarify that
the board of parole, upon receipt of medical certification from the
department shall make a judgment as to whether or not such inmate
presents a danger to society. Finally, the bill provides that the board
shall make its determination within thirty days of receiving such
certification from the commissioner with the intended result being that
fewer inmates will die while waiting for the parole board to interview
them.

 
LEGISLATIVE HISTORY:

S.6283 of 2023-2024: Referred to Crime Victims, Crime and Correction;

S. 2907 of 2021-22: Referred to Crime Victims, Crime and Correction;

S. 2688 of 2019-20: Referred to Crime Victims, Crime and Correction;

2012-2020: Assembly Bill Advanced to Third Reading annually.

 
FISCAL IMPLICATIONS:

Projected to cost $150K per year to retain a significantly ill, debili-
tated or terminal inmate, any additional releases may incur a savings.

 
EFFECTIVE DATE:
Immediately.

2025-S5804 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5804
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA,  MAY, PARKER -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Crime
   Victims, Crime and Correction
 
 AN ACT to amend the executive law, in relation to medical parole
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1  of  section  259-r  of  the
 executive  law,  as  amended by section 14 of chapter 322 of the laws of
 2021, is amended to read as follows:
   (a) The board 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  condition,  disease  or
 syndrome  and  to  be  so  debilitated  or  incapacitated as to create a
 reasonable probability that [he or she] SUCH INCARCERATED INDIVIDUAL  is
 physically  or  cognitively  incapable  of  presenting [any] A 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] SUCH INCARCERATED INDIVIDUAL
 has served at least one-half of the minimum period of the  sentence  and
 in  the  case  of  a  determinate sentence [he or she] SUCH INCARCERATED
 INDIVIDUAL has served at least one-half of the  term  of  [his  or  her]
 THEIR  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10070-01-5

 S. 5804                             2
 
 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.
   § 2. Paragraph (a) of subdivision 1 of section 259-r of the  executive
 law,  as  amended by section 14-a of chapter 322 of the laws of 2021, is
 amended to read as follows:
   (a) The board 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  condition,  disease  or
 syndrome  and  to  be  so  debilitated  or  incapacitated as to create a
 reasonable probability that [he or she] SUCH INCARCERATED INDIVIDUAL  is
 physically  or  cognitively  incapable  of  presenting [any] A 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] SUCH INCARCERATED INDIVIDUAL
 has served at least one-half of the minimum period of the  sentence  and
 in  the  case  of  a  determinate sentence [he or she] SUCH INCARCERATED
 INDIVIDUAL has served at least one-half of the  term  of  [his  or  her]
 THEIR  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. Paragraph (b) of subdivision 2 of section 259-r of the  executive
 law,  as  amended by chapter 322 of the laws of 2021, is amended to read
 as follows:
   (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 danger to society]  BE  SEVERELY  RESTRICTED  IN
 THEIR  ABILITY  TO SELF-AMBULATE OR TO PERFORM SIGNIFICANT NORMAL ACTIV-
 ITIES OF DAILY LIVING. If the commissioner does not so certify then  the
 incarcerated individual shall not be referred to the board for consider-
 ation  for release on medical parole. If the commissioner does so certi-
 fy, then the commissioner shall, within seven working days of receipt of
 such diagnosis, refer the  incarcerated  individual  to  the  board  for
 consideration  for release on medical parole.  However, no such referral
 of an incarcerated individual to the board  shall  be  made  unless  the
 incarcerated  individual  has been examined by a physician and diagnosed
 as having a  terminal  condition,  disease  or  syndrome  as  previously
 S. 5804                             3
 
 described  herein  at some time subsequent to such incarcerated individ-
 ual's admission to a facility operated by the department of [correction-
 al services] CORRECTIONS AND COMMUNITY SUPERVISION.
   §  4.  Subdivision 4 of section 259-r of the executive law, as amended
 by section 38-l of subpart A of part C of chapter  62  of  the  laws  of
 2011,  paragraph  (b)  as amended by chapter 322 of the laws of 2021, is
 amended to read as follows:
   4. (a) THE BOARD SHALL, UPON RECEIPT OF CERTIFICATION FROM THE COMMIS-
 SIONER, INDEPENDENTLY DETERMINE WHETHER THE CONDITIONS UNDER  WHICH  THE
 INCARCERATED INDIVIDUAL WOULD BE RELEASED CREATES A REASONABLE PROBABIL-
 ITY THAT SUCH INCARCERATED INDIVIDUAL IS PHYSICALLY OR COGNITIVELY INCA-
 PABLE  OF  PRESENTING  A  DANGER  TO  SOCIETY. THE BOARD SHALL PROVIDE A
 DETERMINATION OF RELEASE WITHIN THIRTY  DAYS  UPON  RECEIPT  OF  CERTIF-
 ICATION FROM THE COMMISSIONER.
   (B)  Medical  parole  granted  pursuant to this section shall be for a
 period of six months.
   [(b)] (C) The board shall require as a condition of release on medical
 parole that the releasee agree to remain under the care of  a  physician
 while  on medical parole and in a hospital established pursuant to 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  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  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  incar-
 cerated individual is currently incarcerated shall be lawfully empowered
 to  act  as  the  incarcerated  individual's guardian for the purpose of
 effectuating the medical discharge.
   [(c)] (D) Where appropriate, the board shall require as a condition of
 release that medical parolees be supervised on  intensive  caseloads  at
 reduced supervision ratios.
   [(d)] (E) The board shall require as a condition of release on medical
 parole  that  the  releasee  undergo periodic medical examinations and a
 medical examination at least one month prior to the  expiration  of  the
 period  of  medical  parole  and,  for the purposes of making a decision
 pursuant to paragraph [(e)] (F) of this subdivision, that  the  releasee
 provide  the board with a report, prepared by the treating physician, of
 the results of such examination. Such report  shall  specifically  state
 whether  or  not  the parolee continues to suffer from a terminal condi-
 tion, disease, or syndrome, and to be so debilitated or incapacitated as
 to be severely restricted in [his or her] THEIR ability to self-ambulate
 or to perform significant normal activities of daily living.
   [(e)] (F) Prior to the expiration of the period of medical parole  the
 board  shall review the medical examination report required by paragraph
 [(d)] (E) of this subdivision and may again grant medical parole  pursu-
 ant to this section; provided, however, that the provisions of paragraph
 (c)  of  subdivision  one  and subdivision two of this section shall not
 apply.
 S. 5804                             4
 
   [(f)] (G) If the updated medical report presented to the board  states
 that a parolee released pursuant to this section is no longer so debili-
 tated or incapacitated as to create a reasonable probability that [he or
 she]  SUCH  PAROLEE is physically or cognitively incapable of presenting
 [any] A danger to society or if the releasee fails to submit the updated
 medical report then the board may not make a new grant of medical parole
 pursuant to paragraph [(e)] (F) of this subdivision. Where the board has
 not  granted  medical  parole  pursuant  to such paragraph [(e)] (F) the
 board shall promptly conduct through one of its members, or cause to  be
 conducted  by  a  hearing  officer designated by the board, a hearing to
 determine 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] SUCH RELEASEE is physically or
 cognitively incapable of presenting [any danger to society and does  not
 present]  a  danger  to society. If the board makes such a determination
 then it may make a new grant of medical parole pursuant to the standards
 of paragraph (b) of subdivision one of this section. At the hearing, the
 releasee shall have the right to representation  by  counsel,  including
 the  right,  if the releasee is financially unable to retain counsel, to
 have the appropriate court assign counsel in accordance with the  county
 or  city plan for representation placed in operation pursuant to article
 eighteen-B of the county law.
   [(g)] (H) The hearing and  determination  provided  for  by  paragraph
 [(f)]  (G)  of  this subdivision shall be concluded within the six month
 period of medical parole. If the board  does  not  renew  the  grant  of
 medical parole, it shall order that the releasee be returned immediately
 to the custody of the department.
   [(h)]  (I)  In addition to the procedures set forth in paragraph [(f)]
 (G) of this subdivision, medical parole may be revoked at any time  upon
 any  of  the  grounds specified in paragraph (a) of subdivision three of
 section two hundred fifty-nine-i of this article, and in accordance with
 the procedures specified in subdivision three  of  section  two  hundred
 fifty-nine-i of this article.
   [(i)] (J) A releasee who is on medical parole and who becomes eligible
 for  parole pursuant to the provisions of subdivision two of section two
 hundred fifty-nine-i of  this  article  shall  be  eligible  for  parole
 consideration pursuant to such subdivision.
   §  5. Paragraph (a) of subdivision 1 of section 259-s of the executive
 law, as amended by chapter 322 of the laws of 2021, is amended  to  read
 as follows:
   (a)  The  board  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 significant and permanent non-ter-
 minal  condition, disease or syndrome that has rendered the incarcerated
 individual so physically or cognitively debilitated or incapacitated  as
 to  create  a  reasonable probability that [he or she] SUCH INCARCERATED
 INDIVIDUAL does not present [any] A danger to society, provided,  howev-
 er,  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] SUCH INCARCERATED INDIVIDUAL has  served  at  least
 one-half  of  the  minimum  period  of the sentence and in the case of a
 S. 5804                             5
 
 determinate sentence [he or she] SUCH INCARCERATED INDIVIDUAL has served
 at least one-half  of  the  term  of  [his  or  her]  THEIR  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.
   §  6. Paragraph (b) of subdivision 2 of section 259-s of the executive
 law, as amended by chapter 322 of the laws of 2021, is amended  to  read
 as follows:
   (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] BE SEVERELY RESTRICTED IN THEIR ABILI-
 TY TO SELF-AMBULATE OR TO PERFORM SIGNIFICANT NORMAL ACTIVITIES OF DAILY
 LIVING. 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 diagno-
 sis, refer the incarcerated individual to the  board  for  consideration
 for  release  on medical parole.  However, no such referral of an incar-
 cerated individual to the board of  parole  shall  be  made  unless  the
 incarcerated  individual  has been examined by a physician and diagnosed
 as having a condition, disease or syndrome as previously described here-
 in at some time subsequent to such incarcerated  individual's  admission
 to a facility operated by the department.
   §  7.  Subdivision 4 of section 259-s of the executive law, as amended
 by chapter 322 of the laws of 2021, is amended to read as follows:
   4. (a) THE BOARD SHALL, UPON RECEIPT OF CERTIFICATION FROM THE COMMIS-
 SIONER, INDEPENDENTLY DETERMINE WHETHER THE CONDITIONS UNDER  WHICH  THE
 INCARCERATED INDIVIDUAL WOULD BE RELEASED CREATES A REASONABLE PROBABIL-
 ITY THAT SUCH INCARCERATED INDIVIDUAL IS PHYSICALLY OR COGNITIVELY INCA-
 PABLE  OF  PRESENTING  A  DANGER  TO  SOCIETY. THE BOARD SHALL PROVIDE A
 DETERMINATION OF RELEASE WITHIN THIRTY  DAYS  UPON  RECEIPT  OF  CERTIF-
 ICATION FROM THE COMMISSIONER.
   (B)  Medical  parole  granted  pursuant to this section shall be for a
 period of six months.
   [(b)] (C) The board shall require as a condition of release on medical
 parole that the releasee agree to remain under the care of  a  physician
 while  on medical parole and in a hospital established pursuant to 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  incarcerated  indi-
 vidual who qualifies for release under this section is cognitively inca-
 S. 5804                             6
 
 pable  of  signing the requisite documentation to effectuate the medical
 discharge plan and, after a diligent search no person has  been  identi-
 fied  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 individual is
 currently incarcerated shall be lawfully empowered to act as the  incar-
 cerated  individual's  guardian  for  the  purpose  of  effectuating the
 medical discharge.
   [(c)] (D) Where appropriate, the board shall require as a condition of
 release that medical parolees be supervised on  intensive  caseloads  at
 reduced supervision ratios.
   [(d)] (E) The board shall require as a condition of release on medical
 parole  that  the  releasee  undergo periodic medical examinations and a
 medical examination at least one month prior to the  expiration  of  the
 period  of  medical  parole  and,  for the purposes of making a decision
 pursuant to paragraph [(e)] (F) of this subdivision, that  the  releasee
 provide  the board with a report, prepared by the treating physician, of
 the results of such examination. Such report  shall  specifically  state
 whether  or  not  the parolee continues to suffer from a significant and
 permanent non-terminal and debilitating condition, disease, or syndrome,
 and to be so debilitated or incapacitated as to be  severely  restricted
 in [his or her] THEIR ability to self-ambulate or to perform significant
 normal activities of daily living.
   [(e)]  (F) Prior to the expiration of the period of medical parole the
 board shall review the medical examination report required by  paragraph
 [(d)]  (E) of this subdivision and may again grant medical parole pursu-
 ant to this section; provided, however, that the provisions of paragraph
 (c) of subdivision one and subdivision two of  this  section  shall  not
 apply.
   [(f)]  (G) If the updated medical report presented to the board states
 that a parolee released pursuant to this section is no longer so debili-
 tated or incapacitated as to create a reasonable probability that [he or
 she] SUCH PAROLEE is physically or cognitively incapable  of  presenting
 [any] A danger to society or if the releasee fails to submit the updated
 medical report then the board may not make a new grant of medical parole
 pursuant to paragraph [(e)] (F) of this subdivision. Where the board has
 not  granted  medical  parole  pursuant to [such] paragraph [(e)] (F) OF
 THIS SUBDIVISION the board shall promptly conduct  through  one  of  its
 members, or cause to be conducted by a hearing officer designated by the
 board,  a  hearing to determine whether the releasee is suffering from a
 significant and permanent  non-terminal  and  incapacitating  condition,
 disease  or syndrome and is so debilitated or incapacitated as to create
 a reasonable probability that [he or she] SUCH RELEASEE is physically or
 cognitively incapable of presenting [any danger to society and does  not
 present]  a  danger  to society. If the board makes such a determination
 then it may make a new grant of medical parole pursuant to the standards
 of paragraph (b) of subdivision one of this section. At the hearing, the
 releasee shall have the right to representation  by  counsel,  including
 the  right,  if the releasee is financially unable to retain counsel, to
 have the appropriate court assign counsel in accordance with the  county
 or  city plan for representation placed in operation pursuant to article
 eighteen-B of the county law.
   [(g)] (H) The hearing and  determination  provided  for  by  paragraph
 [(f)]  (G)  of  this subdivision shall be concluded within the six month
 period of medical parole. If the board  does  not  renew  the  grant  of
 S. 5804                             7
 
 medical parole, it shall order that the releasee be returned immediately
 to  the custody of the department of [correctional services] CORRECTIONS
 AND COMMUNITY SUPERVISION.
   [(h)]  (I)  In addition to the procedures set forth in paragraph [(f)]
 (G) of this subdivision, medical parole may be revoked at any time  upon
 any  of  the  grounds specified in paragraph (a) of subdivision three of
 section two hundred fifty-nine-i of this article, and in accordance with
 the procedures specified in subdivision three  of  section  two  hundred
 fifty-nine-i of this article.
   [(i)] (J) A releasee who is on medical parole and who becomes eligible
 for  parole pursuant to the provisions of subdivision two of section two
 hundred fifty-nine-i of  this  article  shall  be  eligible  for  parole
 consideration pursuant to such subdivision.
   §  8.  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.

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Senate Bill S5804

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2025-S5804 (ACTIVE) - Details

2025-S5804 (ACTIVE) - Summary

2025-S5804 (ACTIVE) - Sponsor Memo

2025-S5804 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5804

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

Rachel May

Kevin S. Parker

2025-S5804 (ACTIVE) - Details

2025-S5804 (ACTIVE) - Summary

2025-S5804 (ACTIVE) - Sponsor Memo

2025-S5804 (ACTIVE) - Bill Text download pdf

Comments