New York A 5948: Relates to medical parole

Bill Text

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A05948 Summary:

BILL NOA05948 

&nbsp

SAME ASSAME AS S05804

&nbsp

SPONSORDilan

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§259-r & 259-s, Exec L

&nbsp

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.

Go to top A05948 Actions:

BILL NOA05948 

&nbsp

02/25/2025referred to correction

01/07/2026referred to correction

Go to topA05948 Committee&nbspVotes:

Go to topA05948 Floor&nbspVotes:

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

Go to topA05948 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5948

 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, in relation to medical parole

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

 1 Section 1. Paragraph (a) of subdivision 1 of section 259-r of the
 2 executive law, as amended by section 14 of chapter 322 of the laws of
 3 2021, is amended to read as follows:
 4 (a) The board shall have the power to release on medical parole any
 5 incarcerated individual serving an indeterminate or determinate sentence
 6 of imprisonment who, pursuant to subdivision two of this section, has
 7 been certified to be suffering from a terminal condition, disease or
 8 syndrome and to be so debilitated or incapacitated as to create a
 9 reasonable probability that [he or she] such incarcerated individual is
 10 physically or cognitively incapable of presenting [any] a danger to
 11 society, provided, however, that no incarcerated individual serving a
 12 sentence imposed upon a conviction for murder in the first degree or an
 13 attempt or conspiracy to commit murder in the first degree shall be
 14 eligible for such release, and provided further that no incarcerated
 15 individual serving a sentence imposed upon a conviction for any of the
 16 following offenses shall be eligible for such release unless in the case
 17 of an indeterminate sentence [he or she] such incarcerated individual
 18 has served at least one-half of the minimum period of the sentence and
 19 in the case of a determinate sentence [he or she] such incarcerated
 20 individual has served at least one-half of the term of [his or her]
 21 their determinate sentence: murder in the second degree, manslaughter
 22 in the first degree, any offense defined in article one hundred thirty
 23 of the penal law or an attempt to commit any of these offenses. Solely
 24 for the purpose of determining medical parole eligibility pursuant to
 25 this section, such one-half of the minimum period of the indeterminate
 26 sentence and one-half of the term of the determinate sentence shall not

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10070-01-5

 A. 5948 2

 1 be credited with any time served under the jurisdiction of the depart-
 2 ment prior to the commencement of such sentence pursuant to the opening
 3 paragraph of subdivision one of section 70.30 of the penal law or subdi-
 4 vision two-a of section 70.30 of the penal law, except to the extent
 5 authorized by subdivision three of section 70.30 of the penal law.
 6 § 2. Paragraph (a) of subdivision 1 of section 259-r of the executive
 7 law, as amended by section 14-a of chapter 322 of the laws of 2021, is
 8 amended to read as follows:
 9 (a) The board shall have the power to release on medical parole any
 10 incarcerated individual serving an indeterminate or determinate sentence
 11 of imprisonment who, pursuant to subdivision two of this section, has
 12 been certified to be suffering from a terminal condition, disease or
 13 syndrome and to be so debilitated or incapacitated as to create a
 14 reasonable probability that [he or she] such incarcerated individual is
 15 physically or cognitively incapable of presenting [any] a danger to
 16 society, provided, however, that no incarcerated individual serving a
 17 sentence imposed upon a conviction for murder in the first degree or an
 18 attempt or conspiracy to commit murder in the first degree shall be
 19