§ 259-s. Release on medical parole for incarcerated individuals\nsuffering significant debilitating illnesses. 1. (a) The board shall\nhave the power to release on medical parole any incarcerated individual\nserving an indeterminate or determinate sentence of imprisonment who,\npursuant to subdivision two of this section, has been certified to be\nsuffering from a significant and permanent non-terminal condition,\ndisease or syndrome that has rendered the incarcerated individual so\nphysically or cognitively debilitated or incapacitated as to create a\nreasonable probability that he or she does not present any danger to\nsociety, provided, however, that no incarcerated individual serving a\nsentence imposed upon a conviction for murder in the first degree or an\nattempt or conspiracy to commit murder in the first degree shall be\neligible for such release, and provided further that no incarcerated\nindividual serving a sentence imposed upon a conviction for any of the\nfollowing offenses shall be eligible for such release unless in the case\nof an indeterminate sentence he or she has served at least one-half of\nthe minimum period of the sentence and in the case of a determinate\nsentence he or she has served at least one-half of the term of his or\nher determinate sentence: murder in the second degree, manslaughter in\nthe first degree, any offense defined in article one hundred thirty of\nthe penal law or an attempt to commit any of these offenses. Solely for\nthe purpose of determining medical parole eligibility pursuant to this\nsection, such one-half of the minimum period of the indeterminate\nsentence and one-half of the term of the determinate sentence shall not\nbe credited with any time served under the jurisdiction of the\ndepartment prior to the commencement of such sentence pursuant to the\nopening paragraph of subdivision one of section 70.30 of the penal law\nor subdivision two-a of section 70.30 of the penal law, except to the\nextent authorized by subdivision three of section 70.30 of the penal\nlaw.\n (b) Such release shall be granted only after the board considers\nwhether, in light of the incarcerated individual's medical condition,\nthere is a reasonable probability that the incarcerated individual, if\nreleased, will live and remain at liberty without violating the law, and\nthat such release is not incompatible with the welfare of society and\nwill not so deprecate the seriousness of the crime as to undermine\nrespect for the law, and shall be subject to the limits and conditions\nspecified in subdivision four of this section. In making this\ndetermination, the board shall consider: (i) the nature and seriousness\nof the incarcerated individual's crime; (ii) the incarcerated\nindividual's prior criminal record; (iii) the incarcerated individual's\ndisciplinary, behavioral and rehabilitative record during the term of\nhis or her incarceration; (iv) the amount of time the incarcerated\nindividual must serve before becoming eligible for release pursuant to\nsection two hundred fifty-nine-i of this article; (v) the current age of\nthe incarcerated individual and his or her age at the time of the crime;\n(vi) the recommendations of the sentencing court, the district attorney\nand the victim or the victim's representative; (vii) the nature of the\nincarcerated individual's medical condition, disease or syndrome and the\nextent of medical treatment or care that the incarcerated individual\nwill require as a result of that condition, disease or syndrome; and\n(viii) any other relevant factor. Except as set forth in paragraph (a)\nof this subdivision, such release may be granted at any time during the\nterm of an incarcerated individual's sentence, notwithstanding any other\nprovision of law.\n (c) The board shall afford notice to the sentencing court, the\ndistrict attorney, the attorney for the incarcerated individual and,\nwhere necessary pursuant to subdivision two of section two hundred\nfifty-nine-i of thi
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