Bill No.: SF0088                  Drafter:  JHR

 

LSO No.:  08LSO-0329              Effective Date:  7/1/2008

 

Enrolled Act No.:  <enrnum>

 

Chapter No.:       <chptnum>

 

Prime Sponsor:     Senator Meier

 

Catch Title:       Inmate medical parole.

 

Subject:  Authorizes parole for inmates with serious medical needs as specified.

Summary/Major Elements:

·         This bill:

·         Authorizes the Board of Parole to grant medical parole for inmates with serious, incapacitating medical conditions under specified conditions;

·         Specifies that inmates sentenced to death or life imprisonment without parole are not eligible for a medical parole;

·         Requires a written certification by a physician that: the inmate has a serious medical condition that cannot be reasonably provided for in a correctional facility; the inmate is incapacitated by age and medical condition that substantially diminishes his ability for self-care within a correctional facility; the inmate meets specific physical conditions that render him dependent upon permanent medical intervention to survive, or confines him to a bed or other assistive device, thus limiting his mobility; or the inmate suffers from a terminal illness that is predicted to result in death within 6 months;

·         The Board must also make other determinations including that: the inmate is unlikely to abscond or violate the law if released; arrangements are in place to meet the inmate's living and medical needs and expenses; and, the inmate's medical condition would not endanger the public health, safety or welfare;

·         The Board shall notify, and allow input from, the prosecuting attorney and sentencing court regarding a hearing for an inmate who would otherwise be ineligible for parole;

·         The Board shall impose terms and conditions as it deems necessary, including requiring periodic medical reports on the inmate's condition, and may revoke a medical parole if the parolee violates a term of parole or his medical condition improves to the point the basis for the medical parole is no longer justified.

 

Note:

·         Final action on this bill was not taken at the time this summary was prepared.  Should changes be made to the bill upon final passage, an updated summary will be transmitted to all legislators.