New York S 4220: Prohibits medical parole for persons convicted of an act of terrorism

Bill Text

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S04220 Summary:

BILL NOS04220 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §§259-r & 259-s, Exec L

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Relates to prohibiting medical parole for persons convicted of an act of terrorism.

Go to top S04220 Actions:

BILL NOS04220 

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02/03/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS04220 Committee&nbspVotes:

Go to topS04220 Floor&nbspVotes:

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

Go to topS04220 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4220

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sen. 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 prohibiting medical
 parole for persons convicted of an act of terrorism

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

 1 Section 1. Section 259-r of the executive law, as amended by section
 2 38-l of subpart A of part C of chapter 62 of the laws of 2011, the
 3 section heading and subdivisions 1, 2, paragraph (b) of subdivision 4,
 4 subdivisions 5, 9, 10 and 11 as amended by section 14 of chapter 322 of
 5 the laws of 2021, is amended to read as follows:
 6 § 259-r. Release on medical parole for terminally ill incarcerated
 7 individuals. 1. (a) The [board] commissioner shall have the power to
 8 release on medical parole any incarcerated individual serving an inde-
 9 terminate or determinate sentence of imprisonment who, pursuant to
 10 subdivision two of this section, has been certified to be suffering from
 11 a terminal condition, disease or syndrome and to be so debilitated or
 12 incapacitated as to create a reasonable probability that [he or she]
 13 such incarcerated individual is physically or cognitively incapable of
 14 presenting any danger to society, provided, however, that no incarcerat-
 15 ed individual serving a sentence imposed upon a conviction for [murder
 16 in the first degree or an attempt or conspiracy to commit murder in the
 17 first degree shall be eligible for such release, and provided further
 18 that no incarcerated individual serving a sentence imposed upon a
 19 conviction for any of the following offenses shall be eligible for such
 20 release unless in the case of an indeterminate sentence he or she has
 21 served at least one-half of the minimum period of the sentence and in
 22 the case of a determinate sentence he or she has served at least one-
 23 half of the term of his or her determinate sentence: murder in the
 24 second degree, manslaughter in the first degree, any offense defined in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07859-01-5

 S. 4220 2

 1 article one hundred thirty of the penal law or an attempt to commit any
 2 of these offenses. Solely for the purpose of determining medical parole
 3 eligibility pursuant to this section, such one-half of the minimum peri-
 4 od of the indeterminate sentence and one-half of the term of the deter-
 5 minate sentence shall not be credited with any time served under the
 6 jurisdiction of the department prior to the commencement of such
 7 sentence pursuant to the opening paragraph of subdivision one of section
 8 70.30 of the penal law or subdivision two-a of section 70.30 of the
 9 penal law, except to the extent authorized by subdivision three of
 10 section 70.30 of the penal law] an act of terrorism as defined in
 11 section 490.05 of the penal law, shall be eligible for release.
 12 (b) Such release shall be granted only after the [board] commissioner
 13 considers whether, in light of the incarcerated individual's medical
 14 condition, there is a reasonable probability that the incarcerated indi-
 15 vidual, if released, will live and remain at liberty without violating
 16 the law, and that such release is not incompatible with the welfare of
 17 society and will not so deprecate the seriousness of the crime as to
 18 undermine respect for the law, and shall be subject to the limits and
 19 conditions s