Bill Text: NY A10343 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to improving the medical parole certification and consideration process for inmates suffering from terminal or debilitating illnesses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-13 - ordered to third reading rules cal.185 [A10343 Detail]
Download: New_York-2017-A10343-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10343 IN ASSEMBLY April 12, 2018 ___________ Introduced by M. of A. WEPRIN -- (at request of the Board of Parole) -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to improving the medical parole certification and consideration process 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 38-1 of subpart A of part C of chapter 62 of the laws of 2011, subdivi- 3 sions 10 and 11 as added by section 1 of part A of chapter 55 of the 4 laws of 2015, is amended to read as follows: 5 § 259-r. Release on medical parole for terminally ill inmates. 1. (a) 6 The board shall have the power to release on medical parole any inmate 7 serving an indeterminate or determinate sentence of imprisonment who, 8 pursuant to subdivision two of this section, has been certified to be 9 suffering from a terminal condition, disease or syndrome [and to be so10debilitated or incapacitated as to create a reasonable probability that11he or she is physically or cognitively incapable of presenting any12danger to society], provided, however, that no inmate serving a sentence 13 imposed upon a conviction for murder in the first degree, aggravated 14 murder or an attempt or conspiracy to commit murder in the first degree 15 or aggravated murder or a sentence of life without parole shall be 16 eligible for such release, and provided further that no inmate serving a 17 sentence imposed upon a conviction for any of the following offenses 18 shall be eligible for such release unless in the case of an indetermi- 19 nate sentence he or she has served at least one-half of the minimum 20 period of the sentence and in the case of a determinate sentence he or 21 she has served at least one-half of the term of his or her determinate 22 sentence: murder in the second degree, manslaughter in the first 23 degree, any offense defined in article one hundred thirty of the penal 24 law or an attempt to commit any of these offenses. Solely for the 25 purpose of determining medical parole eligibility pursuant to this 26 section, such one-half of the minimum period of the indeterminate 27 sentence and one-half of the term of the determinate sentence shall not 28 be credited with any time served under the jurisdiction of the depart- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14397-01-8A. 10343 2 1 ment prior to the commencement of such sentence pursuant to the opening 2 paragraph of subdivision one of section 70.30 of the penal law or subdi- 3 vision two-a of section 70.30 of the penal law, except to the extent 4 authorized by subdivision three of section 70.30 of the penal law. 5 (b) Such release shall be granted only after the board considers 6 whether, in light of the inmate's medical condition, there is a reason- 7 able probability that the inmate, if released, will live and remain at 8 liberty without violating the law, and that such release is not incom- 9 patible with the welfare of society and will not so deprecate the seri- 10 ousness of the crime as to undermine respect for the law, and shall be 11 subject to the limits and conditions specified in subdivision four of 12 this section. In making this determination, the board shall consider: 13 (i) the factors described in subdivision two of section two hundred 14 fifty-nine-i of this article; (ii) the nature of the inmate's medical 15 condition, disease or syndrome and the extent of medical treatment or 16 care that the inmate will require as a result of that condition, disease 17 or syndrome; (iii) the amount of time the inmate must serve before 18 becoming eligible for release pursuant to section two hundred fifty- 19 nine-i of this article; (iv) the current age of the inmate and his or 20 her age at the time of the crime; and (v) any other relevant factor. 21 Except as set forth in paragraph (a) of this subdivision, such release 22 may be granted at any time during the term of an inmate's sentence, 23 notwithstanding any other provision of law. 24 (c) The board shall afford notice to the sentencing court, the 25 district attorney [and], the attorney for the inmate and, where neces- 26 sary pursuant to subdivision two of section two hundred fifty-nine-i of 27 this article, the crime victim, that the inmate is being considered for 28 release pursuant to this section and the parties receiving notice shall 29 have fifteen days to comment on the release of the inmate. Release on 30 medical parole shall not be granted until the expiration of the comment 31 period provided for in this paragraph. 32 2. (a) The commissioner, on the commissioner's own initiative or at 33 the request of an inmate, or an inmate's spouse, relative or attorney, 34 may, in the exercise of the commissioner's discretion, direct that an 35 investigation be undertaken to determine whether a diagnosis should be 36 made of an inmate who appears to be suffering from a terminal condition, 37 disease or syndrome. Any such medical diagnosis shall be made by a 38 physician licensed to practice medicine in this state pursuant to 39 section sixty-five hundred twenty-four of the education law. Such physi- 40 cian shall either be employed by the department, shall render profes- 41 sional services at the request of the department, or shall be employed 42 by a hospital or medical facility used by the department for the medical 43 treatment of inmates. The diagnosis shall be reported to the commission- 44 er and shall include but shall not be limited to a description of the 45 terminal condition, disease or syndrome suffered by the inmate, a prog- 46 nosis concerning the likelihood that the inmate will not recover from 47 such terminal condition, disease or syndrome, a description of the 48 inmate's physical or cognitive incapacity which shall include a predic- 49 tion respecting the likely duration of the incapacity, and a statement 50 by the physician of whether the inmate is so debilitated or incapaci- 51 tated as to be severely restricted in his or her ability to self-ambu- 52 late or to perform significant normal activities of daily living. This 53 report also shall include a recommendation of the type and level of 54 services and treatment the inmate would require if granted medical 55 parole and a recommendation for the types of settings in which the 56 services and treatment should be given.A. 10343 3 1 (b) The commissioner, or the commissioner's designee, shall review the 2 diagnosis and may certify that the inmate is suffering from such termi- 3 nal condition, disease or syndrome [and that the inmate is so debili-4tated or incapacitated as to create a reasonable probability that he or5she is physically or cognitively incapable of presenting any danger to6society]. If the commissioner does not so certify then the inmate shall 7 not be referred to the board for consideration for release on medical 8 parole. If the commissioner does so certify, then the commissioner 9 shall, within seven working days of receipt of such diagnosis, refer the 10 inmate to the board for consideration for release on medical parole. 11 However, no such referral of an inmate to the board shall be made unless 12 the inmate has been examined by a physician and diagnosed as having a 13 terminal condition, disease or syndrome as previously described herein 14 at some time subsequent to such inmate's admission to a facility oper- 15 ated by the department of correctional services. 16 (c) When the commissioner refers an inmate to the board, the commis- 17 sioner shall provide an appropriate medical discharge plan established 18 by the department. The department is authorized to request assistance 19 from the department of health and from the county in which the inmate 20 resided and committed his or her crime, which shall provide assistance 21 with respect to the development and implementation of a discharge plan, 22 including potential placements of a releasee. The department and the 23 department of health shall jointly develop standards for the medical 24 discharge plan that are appropriately adapted to the criminal justice 25 setting, based on standards established by the department of health for 26 hospital medical discharge planning. The board may postpone its decision 27 pending completion of an adequate discharge plan, or may deny release 28 based on inadequacy of the discharge plan. 29 3. Any certification by the commissioner or the commissioner's desig- 30 nee pursuant to this section shall be [deeemed] deemed a judicial func- 31 tion and shall not be reviewable if done in accordance with law. 32 4. (a) [Medical parole granted pursuant to this section shall be for a33period of six months.] Once an inmate is released on medical parole, 34 that inmate will then be supervised by the department pursuant to para- 35 graph (b) of subdivision two of section two hundred fifty-nine-i of this 36 article. 37 (b) The board [shall] may require as a condition of release on medical 38 parole that the releasee agree to remain under the care of a physician 39 while on medical parole and in a hospital established pursuant to arti- 40 cle twenty-eight of the public health law, a hospice established pursu- 41 ant to article forty of the public health law or any other placement 42 that can provide appropriate medical care as specified in the medical 43 discharge plan required by subdivision two of this section. The medical 44 discharge plan shall state that the availability of the placement has 45 been confirmed, and by whom. Notwithstanding any other provision of law, 46 when an inmate who qualifies for release under this section is cogni- 47 tively incapable of signing the requisite documentation to effectuate 48 the medical discharge plan and, after a diligent search no person has 49 been identified who could otherwise be appointed as the inmate's guardi- 50 an by a court of competent jurisdiction, then, solely for the purpose of 51 implementing the medical discharge plan, the facility health services 52 director at the facility where the inmate is currently incarcerated 53 shall be lawfully empowered to act as the inmate's guardian for the 54 purpose of effectuating the medical discharge.A. 10343 4 1 (c) Where appropriate, the board shall require as a condition of 2 release that medical parolees be supervised on intensive caseloads at 3 reduced supervision ratios. 4 (d) [The board shall require as a condition of release on medical5parole that the releasee undergo periodic medical examinations and a6medical examination at least one month prior to the expiration of the7period of medical parole and, for the purposes of making a decision8pursuant to paragraph (e) of this subdivision, that the releasee provide9the board with a report, prepared by the treating physician, of the10results of such examination. Such report shall specifically state wheth-11er or not the parolee continues to suffer from a terminal condition,12disease, or syndrome, and to be so debilitated or incapacitated as to be13severely restricted in his or her ability to self-ambulate or to perform14significant normal activities of daily living.15(e) Prior to the expiration of the period of medical parole the board16shall review the medical examination report required by paragraph (d) of17this subdivision and may again grant medical parole pursuant to this18section; provided, however, that the provisions of paragraph (c) of19subdivision one and subdivision two of this section shall not apply.20(f) If the updated medical report presented to the board states that a21parolee released pursuant to this section is no longer so debilitated or22incapacitated as to create a reasonable probability that he or she is23physically or cognitively incapable of presenting any danger to society24or if the releasee fails to submit the updated medical report then the25board may not make a new grant of medical parole pursuant to paragraph26(e) of this subdivision. Where the board has not granted medical parole27pursuant to such paragraph (e) the board shall promptly conduct through28one of its members, or cause to be conducted by a hearing officer desig-29nated by the board, a hearing to determine whether the releasee is30suffering from a terminal condition, disease or syndrome and is so31debilitated or incapacitated as to create a reasonable probability that32he or she is physically or cognitively incapable of presenting any33danger to society and does not present a danger to society. If the board34makes such a determination then it may make a new grant of medical35parole pursuant to the standards of paragraph (b) of subdivision one of36this section. At the hearing, the releasee shall have the right to37representation by counsel, including the right, if the releasee is38financially unable to retain counsel, to have the appropriate court39assign counsel in accordance with the county or city plan for represen-40tation placed in operation pursuant to article eighteen-B of the county41law.42(g) The hearing and determination provided for by paragraph (f) of43this subdivision shall be concluded within the six month period of44medical parole. If the board does not renew the grant of medical parole,45it shall order that the releasee be returned immediately to the custody46of the department.47(h) In addition to the procedures set forth in paragraph (f) of this48subdivision, medical] Medical parole may be revoked at any time upon any 49 of the grounds specified in paragraph (a) of subdivision three of 50 section two hundred fifty-nine-i of this article, and in accordance with 51 the procedures specified in subdivision three of section two hundred 52 fifty-nine-i of this article. 53 [(i) A releasee who is on medical parole and who becomes eligible for54parole pursuant to the provisions of subdivision two of section two55hundred fifty-nine-i of this article shall be eligible for parole56consideration pursuant to such subdivision.]A. 10343 5 1 5. A denial of release on medical parole [or expiration of medical2parole in accordance with the provisions of paragraph (f) of subdivision3four of this section] shall not preclude the inmate from reapplying for 4 medical parole or otherwise affect an inmate's eligibility for any other 5 form of release provided for by law. 6 6. To the extent that any provision of this section requires disclo- 7 sure of medical information for the purpose of processing an application 8 or making a decision, regarding release on medical parole [or renewal of9medical parole,] or for the purpose of appropriately supervising a 10 person released on medical parole, and that such disclosure would other- 11 wise be prohibited by article twenty-seven-F of the public health law, 12 the provisions of this section shall be controlling. 13 7. The commissioner and the chairman of the board shall be authorized 14 to promulgate rules and regulations for their respective agencies to 15 implement the provisions of this section. 16 8. Any decision made by the board pursuant to this section may be 17 appealed pursuant to subdivision four of section two hundred 18 fifty-nine-i of this article. 19 9. The chairman shall report annually to the governor, the temporary 20 president of the senate and the speaker of the assembly, the chair- 21 persons of the assembly and senate codes committees, the chairperson of 22 the senate crime and corrections committee, and the chairperson of the 23 assembly corrections committee the number of inmates who have applied 24 for medical parole; the number who have been granted medical parole; the 25 nature of the illness of the applicants, the counties to which they have 26 been released and the nature of the placement pursuant to the medical 27 discharge plan; the categories of reasons for denial for those who have 28 been denied; [the number of releasees who have been granted an addi-29tional period or periods of medical parole and the number of such30grants;] the number of releasees on medical parole who have been 31 returned to imprisonment in the custody of the department and the 32 reasons for return. 33 10. Notwithstanding any other provision of law, in the case of an 34 inmate whose terminal condition, disease or syndrome meets the criteria 35 for medical parole as set forth in paragraph (a) of subdivision one of 36 this section, and who is not serving a sentence for one or more offenses 37 set forth in paragraph (i) of subdivision one of section eight hundred 38 six of the correction law which would render such inmate ineligible for 39 presumptive release, the granting of medical parole shall be determined 40 by the commissioner provided that a release of such inmate shall be in 41 accordance with subdivision eleven of this section. In such case, the 42 provisions that would have applied to and the procedures that would have 43 been followed by the board of parole pursuant to this section shall 44 apply to and be followed by the commissioner. 45 11. (a) After the commissioner has made a determination to grant 46 medical parole pursuant to subdivision ten of this section, the commis- 47 sioner shall notify the chairperson of the board of parole, or their 48 designee who shall be a member of the board of parole, and provide him 49 or her with all relevant records, files, information and documentation, 50 which includes but is not limited to the criminal history, medical diag- 51 nosis and treatment pertaining to the terminally ill inmate no more than 52 five days from the date of the determination. (b) The chairperson or his 53 or her designee shall either accept the commissioner's grant of medical 54 parole, in which case the inmate may be released by the commissioner, or 55 conduct further review. This decision or review shall be made within 56 five days of the receipt of the relevant records, files, information andA. 10343 6 1 documentation from the commissioner. The chairperson's further review 2 may include, but not be limited to, an appearance by the terminally ill 3 inmate before the chairperson or his or her designee. (c) After this 4 further review, the chairperson shall either accept the commissioner's 5 grant of medical parole, in which case the inmate may be released by the 6 commissioner, or the chairperson shall schedule an appearance for the 7 terminally ill inmate before the board of parole. 8 In the event the terminally ill inmate is scheduled to make an appear- 9 ance before the board of parole pursuant to this subdivision, the matter 10 shall be heard by a panel that does not include the chairperson or any 11 member of the board of parole who was involved in the review of the 12 commissioner's determination. 13 § 2. Paragraph (a) of subdivision 1 of section 259-r of the executive 14 law, as amended by section 38-l-1 of subpart A of part C of chapter 62 15 of the laws of 2011, is amended to read as follows: 16 (a) The board shall have the power to release on medical parole any 17 inmate serving an indeterminate or determinate sentence of imprisonment 18 who, pursuant to subdivision two of this section, has been certified to 19 be suffering from a terminal condition, disease or syndrome [and to be20so debilitated or incapacitated as to create a reasonable probability21that he or she is physically or cognitively incapable of presenting any22danger to society], provided, however, that no inmate serving a sentence 23 imposed upon a conviction for murder in the first degree, aggravated 24 murder or an attempt or conspiracy to commit murder in the first degree 25 or aggravated murder or a sentence of life without parole shall be 26 eligible for such release, and provided further that no inmate serving a 27 sentence imposed upon a conviction for any of the following offenses 28 shall be eligible for such release unless in the case of an indetermi- 29 nate sentence he or she has served at least one-half of the minimum 30 period of the sentence and in the case of a determinate sentence he or 31 she has served at least one-half of the term of his or her determinate 32 sentence: murder in the second degree, manslaughter in the first 33 degree, any offense defined in article one hundred thirty of the penal 34 law or an attempt to commit any of these offenses. Solely for the 35 purpose of determining medical parole eligibility pursuant to this 36 section, such one-half of the minimum period of the indeterminate 37 sentence and one-half of the term of the determinate sentence shall not 38 be credited with any time served under the jurisdiction of the depart- 39 ment prior to the commencement of such sentence pursuant to the opening 40 paragraph of subdivision one of section 70.30 of the penal law or subdi- 41 vision two-a of section 70.30 of the penal law, except to the extent 42 authorized by subdivision three of section 70.30 of the penal law. 43 § 3. Section 259-s the executive law, as amended by section 38-m of 44 subpart A of part C of chapter 62 of the laws of 2011, is amended to 45 read as follows: 46 § 259-s. Release on medical parole for inmates suffering significant 47 debilitating illnesses. 1. (a) The board shall have the power to release 48 on medical parole any inmate serving an indeterminate or determinate 49 sentence of imprisonment who, pursuant to subdivision two of this 50 section, has been certified to be suffering from a significant and 51 permanent non-terminal condition, disease or syndrome that has rendered 52 the inmate [so] significantly physically or cognitively debilitated or 53 incapacitated [as to create a reasonable probability that he or she does54not present any danger to society], provided, however, that no inmate 55 serving a sentence imposed upon a conviction for murder in the first 56 degree, aggravated murder or an attempt or conspiracy to commit murderA. 10343 7 1 in the first degree or aggravated murder or a sentence of life without 2 parole shall be eligible for such release, and provided further that no 3 inmate serving a sentence imposed upon a conviction for any of the 4 following offenses shall be eligible for such release unless in the case 5 of an indeterminate sentence he or she has served at least one-half of 6 the minimum period of the sentence and in the case of a determinate 7 sentence he or she has served at least one-half of the term of his or 8 her determinate sentence: murder in the second degree, manslaughter in 9 the first degree, any offense defined in article one hundred thirty of 10 the penal law or an attempt to commit any of these offenses. Solely for 11 the purpose of determining medical parole eligibility pursuant to this 12 section, such one-half of the minimum period of the indeterminate 13 sentence and one-half of the term of the determinate sentence shall not 14 be credited with any time served under the jurisdiction of the depart- 15 ment prior to the commencement of such sentence pursuant to the opening 16 paragraph of subdivision one of section 70.30 of the penal law or subdi- 17 vision two-a of section 70.30 of the penal law, except to the extent 18 authorized by subdivision three of section 70.30 of the penal law. 19 (b) Such release shall be granted only after the board considers 20 whether, in light of the inmate's medical condition, there is a reason- 21 able probability that the inmate, if released, will live and remain at 22 liberty without violating the law, and that such release is not incom- 23 patible with the welfare of society and will not so deprecate the seri- 24 ousness of the crime as to undermine respect for the law, and shall be 25 subject to the limits and conditions specified in subdivision four of 26 this section. In making this determination, the board shall consider: 27 (i) [the nature and seriousness of the inmate's crime; (ii) the inmate's28prior criminal record; (iii) the inmate's disciplinary, behavioral and29rehabilitative record during the term of his or her incarceration; (iv)] 30 the factors described in subdivision two of section two hundred fifty- 31 nine-i of this article; (ii) the nature of the inmate's medical condi- 32 tion, disease or syndrome and the extent of medical treatment or care 33 that the inmate will require as a result of that condition, disease or 34 syndrome; (iii) the amount of time the inmate must serve before becoming 35 eligible for release pursuant to section two hundred fifty-nine-i of 36 this article; [(v)] (iv) the current age of the inmate and his or her 37 age at the time of the crime; [(vi) the recommendations of the sentenc-38ing court, the district attorney and the victim or the victim's repre-39sentative; (vii) the nature of the inmate's medical condition, disease40or syndrome and the extent of medical treatment or care that the inmate41will require as a result of that condition, disease or syndrome;] and 42 [(viii)] (v) any other relevant factor. Except as set forth in paragraph 43 (a) of this subdivision, such release may be granted at any time during 44 the term of an inmate's sentence, notwithstanding any other provision of 45 law. 46 (c) The board shall afford notice to the sentencing court, the 47 district attorney, the attorney for the inmate and, where necessary 48 pursuant to subdivision two of section two hundred fifty-nine-i of this 49 article, the crime victim, that the inmate is being considered for 50 release pursuant to this section and the parties receiving notice shall 51 have thirty days to comment on the release of the inmate. Release on 52 medical parole shall not be granted until the expiration of the comment 53 period provided for in this paragraph. 54 2. (a) The commissioner, on the commissioner's own initiative or at 55 the request of an inmate, or an inmate's spouse, relative or attorney, 56 may, in the exercise of the commissioner's discretion, direct that anA. 10343 8 1 investigation be undertaken to determine whether a diagnosis should be 2 made of an inmate who appears to be suffering from a significant and 3 permanent non-terminal and incapacitating condition, disease or 4 syndrome. Any such medical diagnosis shall be made by a physician 5 licensed to practice medicine in this state pursuant to section sixty- 6 five hundred twenty-four of the education law. Such physician shall 7 either be employed by the department, shall render professional services 8 at the request of the department, or shall be employed by a hospital or 9 medical facility used by the department for the medical treatment of 10 inmates. The diagnosis shall be reported to the commissioner and shall 11 include but shall not be limited to a description of the condition, 12 disease or syndrome suffered by the inmate, a prognosis concerning the 13 likelihood that the inmate will not recover from such condition, disease 14 or syndrome, a description of the inmate's physical or cognitive inca- 15 pacity which shall include a prediction respecting the likely duration 16 of the incapacity, and a statement by the physician of whether the 17 inmate is so debilitated or incapacitated as to be severely restricted 18 in his or her ability to self-ambulate or to perform significant normal 19 activities of daily living. This report also shall include a recommenda- 20 tion of the type and level of services and treatment the inmate would 21 require if granted medical parole and a recommendation for the types of 22 settings in which the services and treatment should be given. 23 (b) The commissioner, or the commissioner's designee, shall review the 24 diagnosis and may certify that the inmate is suffering from such signif- 25 icant and permanent non-terminal condition, disease or syndrome [and26that the inmate is so debilitated or incapacitated as to create a27reasonable probability that he or she is physically or cognitively inca-28pable of presenting any danger to society] and that the inmate is 29 significantly physically or cognitively debilitated or incapacitated. 30 If the commissioner does not so certify then the inmate shall not be 31 referred to the board for consideration for release on medical parole. 32 If the commissioner does so certify, then the commissioner shall, within 33 seven working days of receipt of such diagnosis, refer the inmate to the 34 board for consideration for release on medical parole. However, no such 35 referral of an inmate to the board of parole shall be made unless the 36 inmate has been examined by a physician and diagnosed as having a condi- 37 tion, disease or syndrome as previously described herein at some time 38 subsequent to such inmate's admission to a facility operated by the 39 department. 40 (c) When the commissioner refers an inmate to the board, the commis- 41 sioner shall provide an appropriate medical discharge plan established 42 by the department. The department is authorized to request assistance 43 from the department of health and from the county in which the inmate 44 resided and committed his or her crime, which shall provide assistance 45 with respect to the development and implementation of a discharge plan, 46 including potential placements of a releasee. The department and the 47 department of health shall jointly develop standards for the medical 48 discharge plan that are appropriately adapted to the criminal justice 49 setting, based on standards established by the department of health for 50 hospital medical discharge planning. The board may postpone its decision 51 pending completion of an adequate discharge plan, or may deny release 52 based on inadequacy of the discharge plan. 53 3. Any certification by the commissioner or the commissioner's desig- 54 nee pursuant to this section shall be deemed a judicial function and 55 shall not be reviewable if done in accordance with law.A. 10343 9 1 4. (a) [Medical parole granted pursuant to this section shall be for a2period of six months.] Once an inmate is released on medical parole, 3 that inmate will then be supervised by the department pursuant to para- 4 graph (b) of subdivision two of section two hundred fifty-nine-i of this 5 article. 6 (b) The board [shall] may require as a condition of release on medical 7 parole that the releasee agree to remain under the care of a physician 8 while on medical parole and in a hospital established pursuant to arti- 9 cle twenty-eight of the public health law, a hospice established pursu- 10 ant to article forty of the public health law or any other placement, 11 including a residence with family or others, that can provide appropri- 12 ate medical care as specified in the medical discharge plan required by 13 subdivision two of this section. The medical discharge plan shall state 14 that the availability of the placement has been confirmed, and by whom. 15 Notwithstanding any other provision of law, when an inmate who qualifies 16 for release under this section is cognitively incapable of signing the 17 requisite documentation to effectuate the medical discharge plan and, 18 after a diligent search no person has been identified who could other- 19 wise be appointed as the inmate's guardian by a court of competent 20 jurisdiction, then, solely for the purpose of implementing the medical 21 discharge plan, the facility health services director at the facility 22 where the inmate is currently incarcerated shall be lawfully empowered 23 to act as the inmate's guardian for the purpose of effectuating the 24 medical discharge. 25 (c) Where appropriate, the board shall require as a condition of 26 release that medical parollees be supervised on intensive caseloads at 27 reduced supervision ratios. 28 (d) [The board shall require as a condition of release on medical29parole that the releasee undergo periodic medical examinations and a30medical examination at least one month prior to the expiration of the31period of medical parole and, for the purposes of making a decision32pursuant to paragraph (e) of this subdivision, that the releasee provide33the board with a report, prepared by the treating physician, of the34results of such examination. Such report shall specifically state wheth-35er or not the parolee continues to suffer from a significant and perma-36nent non-terminal and debilitating condition, disease, or syndrome, and37to be so debilitated or incapacitated as to be severely restricted in38his or her ability to self-ambulate or to perform significant normal39activities of daily living.40(e) Prior to the expiration of the period of medical parole the board41shall review the medical examination report required by paragraph (d) of42this subdivision and may again grant medical parole pursuant to this43section; provided, however, that the provisions of paragraph (c) of44subdivision one and subdivision two of this section shall not apply.45(f) If the updated medical report presented to the board states that a46parolee released pursuant to this section is no longer so debilitated or47incapacitated as to create a reasonable probability that he or she is48physically or cognitively incapable of presenting any danger to society49or if the releasee fails to submit the updated medical report then the50board may not make a new grant of medical parole pursuant to paragraph51(e) of this subdivision. Where the board has not granted medical parole52pursuant to such paragraph (e) the board shall promptly conduct through53one of its members, or cause to be conducted by a hearing officer desig-54nated by the board, a hearing to determine whether the releasee is55suffering from a significant and permanent non-terminal and incapacitat-56ing condition, disease or syndrome and is so debilitated or incapaci-A. 10343 10 1tated as to create a reasonable probability that he or she is physically2or cognitively incapable of presenting any danger to society and does3not present a danger to society. If the board makes such a determination4then it may make a new grant of medical parole pursuant to the standards5of paragraph (b) of subdivision one of this section. At the hearing, the6releasee shall have the right to representation by counsel, including7the right, if the releasee is financially unable to retain counsel, to8have the appropriate court assign counsel in accordance with the county9or city plan for representation placed in operation pursuant to article10eighteen-B of the county law.11(g) The hearing and determination provided for by paragraph (f) of12this subdivision shall be concluded within the six month period of13medical parole. If the board does not renew the grant of medical parole,14it shall order that the releasee be returned immediately to the custody15of the department of correctional services.16(h) In addition to the procedures set forth in paragraph (f) of this17subdivision, medical] Medical parole may be revoked at any time upon any 18 of the grounds specified in paragraph (a) of subdivision three of 19 section two hundred fifty-nine-i of this article, and in accordance with 20 the procedures specified in subdivision three of section two hundred 21 fifty-nine-i of this article. 22 [(i) A releasee who is on medical parole and who becomes eligible for23parole pursuant to the provisions of subdivision two of section two24hundred fifty-nine-i of this article shall be eligible for parole25consideration pursuant to such subdivision.] 26 5. A denial of release on medical parole [or expiration of medical27parole in accordance with the provisions of paragraph (f) of subdivision28four of this section] shall not preclude the inmate from reapplying for 29 medical parole or otherwise affect an inmate's eligibility for any other 30 form of release provided for by law. 31 6. To the extent that any provision of this section requires disclo- 32 sure of medical information for the purpose of processing an application 33 or making a decision, regarding release on medical parole [or renewal of34medical parole,] or for the purpose of appropriately supervising a 35 person released on medical parole, and that such disclosure would other- 36 wise be prohibited by article twenty-seven-F of the public health law, 37 the provisions of this section shall be controlling. 38 7. The commissioner and the chair of the board shall be authorized to 39 promulgate rules and regulations for their respective agencies to imple- 40 ment the provisions of this section. 41 8. Any decision made by the board pursuant to this section may be 42 appealed pursuant to subdivision four of section two hundred 43 fifty-nine-i of this article. 44 9. The chair of the board shall report annually to the governor, the 45 temporary president of the senate and the speaker of the assembly, the 46 chairpersons of the assembly and senate codes committees, the chair- 47 person of the senate crime and corrections committee, and the chair- 48 person of the assembly corrections committee the number of inmates who 49 have applied for medical parole under this section; the number who have 50 been granted medical parole; the nature of the illness of the appli- 51 cants, the counties to which they have been released and the nature of 52 the placement pursuant to the medical discharge plan; the categories of 53 reasons for denial for those who have been denied; [the number of54releasees who have been granted an additional period or periods of55medical parole and the number of such grants;] the number of releaseesA. 10343 11 1 on medical parole who have been returned to imprisonment in the custody 2 of the department and the reasons for return. 3 § 4. This act shall take effect immediately; provided, however, that 4 the amendments made to paragraph (a) of subdivision 1 of section 259-r 5 of the executive law by section one of this act shall not affect the 6 expiration of such paragraph pursuant to chapter 3 of the laws of 1995, 7 when upon such date the provisions of section two of this act shall take 8 effect.