Permits emergency medical parole during a time of crisis to those that have a disability and who are at serious risk for death, disease or other harm due to an emergency disaster being declared provided such person has a reasonably stable living situation upon release and does not pose an unreasonable current public safety risk.
Summary
S03975 would add a new section to the New York Executive Law authorizing what it calls “emergency medical parole during a time of crisis.” During a state disaster emergency that places the lives, health, or well-being of vulnerable incarcerated people at risk, the Board of Parole would be required to release eligible individuals to community supervision if they have a qualifying disability, face a serious risk of death, disease, or other harm because of the emergency, have a reasonably stable living situation after release, and do not present an unreasonable current public safety risk.
The bill also provides that anyone released under this authority would remain under community supervision for the rest of their sentence, unless supervision is later revoked under existing law or terminated by the commissioner under current correction law limits. The measure would take effect immediately if enacted.
Impact
The bill would amend the Executive Law by creating a new mandatory release mechanism for certain incarcerated people with disabilities during declared state disaster emergencies. It would affect the Board of Parole, the Department of Corrections and Community Supervision, and incarcerated individuals who meet the bill’s disability, medical-risk, housing, and public-safety criteria. It would not eliminate supervision; instead, it would shift eligible people from custody to community supervision during qualifying emergencies.
Sentiment
No committee transcript or recorded vote information is available, so there is no documented floor or committee sentiment to summarize. Based on the bill text and caption, the measure appears motivated by public health and disability-protection concerns during emergencies, with an emphasis on reducing serious medical risk for vulnerable people in custody while preserving a public safety screen.
Contention
The main likely point of contention is the balance between humanitarian release and public safety. Supporters would likely focus on protecting incarcerated people with disabilities from heightened risk during disasters, while critics may question whether the bill’s eligibility standards, especially the “unreasonable current public safety risk” determination and the requirement of a “reasonably stable living situation,” are sufficiently clear or workable. Another possible issue is whether the bill should mandate release during emergencies or leave more discretion to parole authorities.
Same As
Permits emergency medical parole during a time of crisis to those that have a disability and who are at serious risk for death, disease or other harm due to an emergency disaster being declared provided such person has a reasonably stable living situation upon release and does not pose an unreasonable current public safety risk.
Permits emergency medical parole during a time of crisis to those that have a disability and who are at serious risk for death, disease or other harm due to an emergency disaster being declared provided such person has a reasonably stable living situation upon release and does not pose an unreasonable current public safety risk.
Permits emergency medical parole during a time of crisis to those that have a disability and who are at serious risk for death, disease or other harm due to an emergency disaster being declared provided such person has a reasonably stable living situation upon release and does not pose an unreasonable current public safety risk.
Relates to establishing emergency release protocols during a time of crisis including during a state disaster emergency which places the lives, health or well-being of people in custody at risk.
Relates to establishing emergency release protocols during a time of crisis including during a state disaster emergency which places the lives, health or well-being of people in custody at risk.
Relating to provisions and plans by public schools to ensure the safety of individuals with disabilities or impairments during a mandatory school drill or a disaster or emergency situation.