§ 259-r. Release on medical parole for terminally ill incarcerated\nindividuals. 1. * (a) The board shall have the power to release on\nmedical parole any incarcerated individual serving an indeterminate or\ndeterminate sentence of imprisonment who, pursuant to subdivision two of\nthis section, has been certified to be suffering from a terminal\ncondition, disease or syndrome and to be so debilitated or incapacitated\nas to create a reasonable probability that he or she is physically or\ncognitively incapable of presenting any danger to society, provided,\nhowever, that no incarcerated individual serving a sentence imposed upon\na conviction for murder in the first degree or an attempt or conspiracy\nto commit murder in the first degree shall be eligible for such release,\nand provided further that no incarcerated individual serving a sentence\nimposed upon a conviction for any of the following offenses shall be\neligible for such release unless in the case of an indeterminate\nsentence he or she has served at least one-half of the minimum period of\nthe sentence and in the case of a determinate sentence he or she has\nserved at least one-half of the term of his or her determinate sentence:\nmurder in the second degree, manslaughter in the first degree, any\noffense defined in article one hundred thirty of the penal law or an\nattempt to commit any of these offenses. Solely for the purpose of\ndetermining medical parole eligibility pursuant to this section, such\none-half of the minimum period of the indeterminate sentence and\none-half of the term of the determinate sentence shall not be credited\nwith any time served under the jurisdiction of the department prior to\nthe commencement of such sentence pursuant to the opening paragraph of\nsubdivision one of section 70.30 of the penal law or subdivision two-a\nof section 70.30 of the penal law, except to the extent authorized by\nsubdivision three of section 70.30 of the penal law.\n * NB Effective until September 1, 2027\n * (a) The board shall have the power to release on medical parole any\nincarcerated individual serving an indeterminate or determinate sentence\nof imprisonment who, pursuant to subdivision two of this section, has\nbeen certified to be suffering from a terminal condition, disease or\nsyndrome and to be so debilitated or incapacitated as to create a\nreasonable probability that he or she is physically or cognitively\nincapable of presenting any danger to society, provided, however, that\nno incarcerated individual serving a sentence imposed upon a conviction\nfor murder in the first degree or an attempt or conspiracy to commit\nmurder in the first degree shall be eligible for such release, and\nprovided further that no incarcerated individual serving a sentence\nimposed upon a conviction for any of the following offenses shall be\neligible for such release unless in the case of an indeterminate\nsentence he or she has served at least one-half of the minimum period of\nthe sentence and in the case of a determinate sentence he or she has\nserved at least one-half of the term of his or her determinate sentence:\nmurder in the second degree, manslaughter in the first degree, any\noffense defined in article one hundred thirty of the penal law or an\nattempt to commit any of these offenses. Solely for the purpose of\ndetermining medical parole eligibility pursuant to this section, such\none-half of the minimum period of the indeterminate sentence and\none-half of the term of the determinate sentence shall not be credited\nwith any time served under the jurisdiction of the department prior to\nthe commencement of such sentence pursuant to the opening paragraph of\nsubdivision one of section 70.30 of the penal law or subdivision two-a\nof section 70.30 of the penal law, except to the extent authorized by\nsubdivision three of section 70.30 of the penal law.\n * NB Effective September 1, 2027\n (b) Such release shall be granted only after the board considers\nwh
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