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NY A04235
Bill
Status
2/1/2019
Primary Sponsor
David Weprin
Click for details
AI Summary
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Changes the medical parole standard from "any danger to society" to "a danger to society" in determinations of inmate release eligibility under Executive Law sections 259-r and 259-s.
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Requires the Commissioner of Corrections to certify that inmates are "severely restricted in his or her ability to self-ambulate or to perform significant normal activities of daily living" rather than using the danger to society standard for initial medical parole screening.
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Establishes that the Board of Parole must independently determine within 30 days whether an inmate meets the danger to society standard and sets medical parole grants for a six-month period with mandatory medical examinations.
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Allows medical parole for inmates convicted of murder in the second degree, manslaughter in the first degree, or sex offenses only after they have served at least one-half of their minimum or determinate sentence; permanently bars those convicted of first-degree murder.
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Adds provisions allowing facility health services directors to act as guardians for cognitively incapacitated inmates to effectuate medical discharge plans when no other guardian can be appointed, and expands allowable placement options to include residences with family or others for non-terminal medical parole cases.
Legislative Description
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.
Last Action
ordered to third reading cal.161
1/8/2020