New York A 5942: Relates to available transportation for correction facility visitation

Bill Text

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A05942 Summary:

BILL NOA05942 

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SAME ASNo Same As

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SPONSORDilan

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COSPNSR

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MLTSPNSR

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Add §259-u, amd §259-c, Exec L; amd §70.40, Pen L; amd §62, Soc Serv L

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Provides for the release on medical parole for incarcerated individuals who require the level of care typically provided in a nursing home setting or those who, because of their physical or cognitive condition, are limited in their ability to perform basic life activities.

Go to top A05942 Actions:

BILL NOA05942 

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02/25/2025referred to correction

01/07/2026referred to correction

Go to topA05942 Committee&nbspVotes:

Go to topA05942 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05942 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5942

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 25, 2025
 ___________

 Introduced by M. of A. DILAN -- read once and referred to the Committee
 on Correction

 AN ACT to amend the executive law, the penal law and the social services
 law, in relation to release on medical parole for certain incarcerated
 individuals

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The executive law is amended by adding a new section 259-u
 2 to read as follows:
 3 § 259-u. Release on medical parole for certain incarcerated individ-
 4 uals. 1. (a) The board shall have the power to release on medical
 5 parole any incarcerated individual serving an indeterminate or determi-
 6 nate sentence of imprisonment who, pursuant to subdivision two of this
 7 section, has been certified to require the level of care typically
 8 provided in a nursing home setting or those who, because of their phys-
 9 ical or cognitive condition, are limited in their ability to perform
 10 basic life activities as to create a reasonable probability that such
 11 incarcerated individual does not present any danger to society,
 12 provided, however, that no incarcerated individual serving a sentence
 13 imposed upon a conviction for murder in the first degree or an attempt
 14 or conspiracy to commit murder in the first degree shall be eligible for
 15 such release, and provided further that no incarcerated individual serv-
 16 ing a sentence imposed upon a conviction for any of the following
 17 offenses shall be eligible for such release unless in the case of an
 18 indeterminate sentence they have served at least one-half of the minimum
 19 period of the sentence and in the case of a determinate sentence they
 20 have served at least one-half of the term of their determinate sentence:
 21 murder in the second degree, manslaughter in the first degree, any
 22 offense defined in article one hundred thirty of the penal law or an
 23 attempt to commit any of these offenses. Solely for the purpose of
 24 determining medical parole eligibility pursuant to this section, such

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10075-01-5

 A. 5942 2

 1 one-half of the minimum period of the indeterminate sentence and one-
 2 half of the term of the determinate sentence shall not be credited with
 3 any time served under the jurisdiction of the department prior to the
 4 commencement of such sentence pursuant to the opening paragraph of
 5 subdivision one of section 70.30 of the penal law or subdivision two-a
 6 of section 70.30 of the penal law, except to the extent authorized by
 7 subdivision three of section 70.30 of the penal law.
 8 (b) Such release shall be granted only after the board considers
 9 whether, in light of the incarcerated individual's medical condition,
 10 there is a reasonable probability that the incarcerated individual, if
 11 released, will live and remain at liberty without violating the law, and
 12 that such release is not incompatible with the welfare of society and
 13 will not so deprecate the seriousness of the crime as to undermine
 14 respect for the law, and shall be subject to the limits and conditions
 15 specified in subdivision four of this section. In making this determi-
 16 nation, the board shall consider: (i) the nature and seriousness of the
 17 incarcerated individual's crime; (ii) the i