Introduced By: Senators Perry, Paiva Weed, Goodwin, Sosnowski and Cicilline J.
Date Introduced : February 4, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Title 13 of the General Laws entitled "Criminals -- Correctional Institutions" is hereby amended by adding thereto the following chapter:
{ADD 13-8.1-1. Title. -- ADD} {ADD This act shall be known as the "Medical Parole Act". ADD}
{ADD 13-8.1-2. Purpose. -- ADD} {ADD Medical parole is made available for humanitarian reasons. Notwithstanding, other statutory or administrative provisions to the contrary, all prisoners except those serving life without parole shall at any time after they begin serving their sentences be eligible for medical parole consideration, regardless of the crime committed or the sentence imposed. ADD}
{ADD 13-8.1-3. Definitions. ADD} {ADD -- (1) "Terminally Ill" means suffering from a condition caused by injury (except self inflicted injury), disease, or illness which to a reasonable degree of medical certainty, will result in death within six (6) months. ADD}
{ADD (2) "Permanently Physically Incapacitated" means suffering from a condition caused by injury, disease, or illness which, to a reasonable degree of medical certainty, permanently and irreversibly physically incapacitates the individual to the extent that no significant physical activity is possible, and the individual is confined to bed or a wheelchair. ADD}
{ADD 13-8.1-4. Procedure. -- ADD} {ADD (1) The parole board is hereby authorized to grant release of a prisoner, except a prisoner serving life without parole, at any time, who is determined to be terminally ill or permanently physically incapacitated within the meaning of section 13-8.1-3. ADD}
{ADD (2) In order to apply for such relief, the prisoner, with an attending physician's written aproval, or an attending physician, on behalf of the prisoner, shall file an application with the director of the department of corrections. Within seventy-two (72) hours after the filing of any application, the director shall refer the application to the health service unit of the department of corrections for a medical report and a medical discharge plan to be completed within five (5) days. Upon receipt of the medical discharge plan the director of the department of corrections shall forthwith transfer the medical discharge plan together with the application to the parole board for its consideration and decision. ADD}
{ADD The report shall contain, at a minimum, the following information: ADD}
{ADD (a) diagnosis of the prisoner's medical conditions, including related medical history; ADD}
{ADD (b) detailed description of the conditions and treatments; ADD}
{ADD (c) prognosis, including life expectancy, likelihood of recovery, likelihood of improvement, mobility, and rate of debilitation; ADD}
{ADD (d) degree of incapacity/disability, including an assessment of whether the prisoner is ambulatory, capable of engaging in any substantial physical activity, and the extent of any such activity; ADD}
{ADD (e) an opinion from the medical director as to whether the person is terminally ill, and if so, the stage of the illness or whether the person is permanently physically incapacitated. ADD}
{ADD (3) When the director of the department of corrections refers a prisoner to the parole board for medical parole, the director shall provide to the parole board a medical discharge plan which is acceptable to the parole board. ADD}
{ADD The department of corrections and the parole board shall jointly develop standards for the medical discharge plan that are appropriately adapted to the criminal justice setting. The discharge plan should ensure at the minimum that: ADD}
{ADD (a) an appropriate placement for the prisoner has been secured, including but not limited to a hospital, nursing facility, hospice, or family home; ADD}
{ADD (b) a source for payment of the prisoner' medical expenses has been secured; ADD}
{ADD (c) a physician continue to examine the releasee and report back to the board. ADD}
{ADD (4) If the parole board finds from the credible medical evidence that the prisoner is terminally ill or permanently physically incapacitated, the board shall grant release to the prisoner but only after the board also considers whether, in light of the prisoner's medical condition, there is a reasonable probability that the prisoner, if released, will live and remain at liberty without violating the law, and that such release is compatible with the welfare of society and will not so depreciate the seriousness of the crime as to undermine respect for the law. Such release may be granted at any time during the term of a prisoner's sentence, notwithstanding any other provision of law. ADD}
{ADD (5) There shall be a presumption that the opinion of the physician and/or medical director will be accepted. However, the applicant, the physician, the director, or the parole board may request an independent medical evaluation within seven (7) days after the physician's and/or medical director's report is presented. The evaluation shall be completed and a report, containing the information required, by subsection (2) of this section, filed with the director and the parole board and a copy sent to the applicant within fourteen (14) days from the date of the request. ADD}
{ADD (6) Within seven (7) days of receiving the application, the medical report and the discharge plan, the parole board shall determine whether the application, on its face, demonstrates that relief may be warranted. If the face of the application clearly demonstrates that relief is unwarranted, the board may deny the application without a hearing or further proceedings, and within seven (7) days shall notify the prisoner in writing of its decision to deny the application, setting forth its factual findings and a brief statement of the reasons for denying release {ADDwithout a hearingADD}. Denial of release does not preclude the prisoner from reapplying for medical parole {ADDafter the expiration of sixty (60) days. A reapplication under this section must demonstrate a material change in circumstancesADD}. ADD}
{ADD (7)(a) Upon receipt of the application from the director of the department of corrections the parole board shall except as provided in subsection (6) set the case for hearing within fourteen (14) days; ADD}
{ADD (b) Notice of the hearing shall be sent to the prosecutor and the victim(s), if any, of the offense(s) for which the prisoner is incarcerated, and the prosecutor and the victim(s) shall have the right to be heard at the hearing or in writing or both; ADD}
{ADD (c) At the hearing, the prisoner shall be entitled to be represented by an attorney or by the public defender if qualified or other representative. ADD}
{ADD (8) Within seven (7) days of the hearing, the parole board shall issue a written decision granting or denying medical parole and explaining the reasons therefore. If the board determines that medical parole is warranted, it shall impose conditions of release which shall include the following: ADD}
{ADD (a) periodic medical examinations; ADD}
{ADD (b) periodic reporting to a parole officer, and the reporting interval; ADD}
{ADD (c) any other terms or conditions the board deems necessary. ADD}
{ADD (9) If after release the releasee's condition or circumstances change so that he or she would not then be eligible for medical parole, the parole board may order him or her returned to custody to await hearing to determine whether his or her release should be revoked. A release may also be revoked for violation of conditions otherwise applicable to parole. ADD}
{ADD (10) An annual report shall be prepared by the director of the department of corrections for the parole board and the general assembly. The report shall include: the number of inmates who have applied for medical parole; the number who have been granted medical parole; the nature of the illness of the applicants, and the nature of the placement pursuant to the medical discharge plan; the categories of reasons for denial for those who have been denied; the number of releasees on medical parole who have been returned to the custody of the department of correctional services and the reasons for return. ADD}
SECTION 2. This act shall take effect upon passage.
