New York 2025-2026 Regular Session

New York Assembly Bill A05948

Introduced
2/25/25  
Refer
2/25/25  

Caption

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.

Summary

Bill A05948 seeks to amend the executive law regarding the conditions under which incarcerated individuals may be released on medical parole. It allows for the release of individuals suffering from terminal conditions who are deemed physically or cognitively incapable of posing a danger to society. The bill specifies that individuals convicted of serious offenses, such as first-degree murder, are ineligible for medical parole, while those with lesser offenses may qualify if they have served a significant portion of their sentence. The bill also outlines the process for medical certification and the conditions of release, including ongoing medical supervision.

Impact

If enacted, this bill would modify existing laws governing medical parole in New York, potentially increasing the number of individuals eligible for release under specific medical conditions. It would establish clearer guidelines for the certification process and the responsibilities of the board in determining eligibility. This could lead to a shift in how medical parole is applied, particularly for individuals with debilitating conditions, while maintaining restrictions for those convicted of serious crimes.

Sentiment

The sentiment surrounding Bill A05948 appears to be mixed, with some support for the humane treatment of terminally ill incarcerated individuals, while concerns remain regarding public safety and the potential for misuse of medical parole provisions. Discussions may reflect a balance between compassion for the ill and the need to protect society from potentially dangerous individuals.

Contention

Notable points of contention include the eligibility criteria for medical parole, particularly concerning individuals convicted of serious offenses. Critics may argue that allowing any leniency could undermine public safety, while advocates may emphasize the need for compassion and humane treatment for those suffering from severe medical conditions. The debate may also touch on the adequacy of medical assessments and the board's decision-making process.

Companion Bills

NY S05804

Same As 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.

Previously Filed As

NY S05804

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.

NY SB56

Pardons and Paroles; medical parole revised; appellate review created; medical furlough release requirements revised

NY SB2389

Special Care Facility for Paroled Inmates; direct Div. of Medicaid to apply to CMS for waivers and bring forward sections related to.

NY S1722

Relative to elder and medical parole

NY H2693

Relative to elder and medical parole

NY A4288

Revises requirements for parole release and violations of parole; repeals law relating to violations committed by parolee released due to overcrowding.

NY SB254

Board of Pardons and Paroles; discretion whether to grant or deny parole, further provided; review of parole violations, procedure further provided to require consideration of totality of circumstances; penalties for certain parole-violations, increased

NY HB437

Board of Pardons and Paroles; discretion whether to grant or deny parole, further provided; review of parole violations, procedure further provided to require consideration of totality of circumstances; penalties for certain parole-violations, increased

NY SB136

In sentencing, repealing provisions relating to transfer of inmates in need of medical treatment; and, in Pennsylvania Board of Probation and Parole, providing for parole for reasons of age or illness and for medical parole due to public or disaster emergency related to health or contagious disease outbreak.

NY HB524

Pardons and Paroles; juvenile offenders serving life without parole; parole authorized following satisfaction of certain conditions

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