Bill Text: HI HB1981 | 2010 | Regular Session | Introduced

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Bill Title: Corrections; Medical Release of Ill and Disabled Inmates

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-28 - (H) The committees on PBS recommend that the measure be HELD. The votes were as follows: 9 Ayes: Representative(s) Hanohano, Aquino, Awana, Keith-Agaran, M. Lee, Nakashima, Rhoads, Takumi, Yamashita; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Saiki, Souki, Pine. [HB1981 Detail]

Download: Hawaii-2010-HB1981-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1981
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to public safety.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 353, part II, Hawaii Revised Statutes, is amended as follows:

1.  By designating sections 353-61 to 353-72 as subpart A and inserting a title before section 353-61 to read:

"A.  GENERAL PROVISIONS"

2.  By adding a new subpart to be appropriately designated and to read:

"  .  MEDICAL RELEASE OF ILL AND DISABLED INMATES

     §353‑A  Definitions.  For the purpose of this part, unless the context clearly requires otherwise:

     "Department" means the department of public safety.

     "Geriatric" describes an inmate who is at least sixty-five years of age and suffers from chronic infirmity, illness, or disease related to aging that has progressed such that the inmate is incapacitated to the extent that the inmate does not pose a public safety risk.

     "Inmate" means any person sentenced to the custody of the department.

     "Medical release" means a program enabling the paroling authority to release inmates who are permanently and totally disabled, terminally ill, or geriatric.

     "Medical release plan" means a comprehensive written medical and psychosocial care plan that is specific to the inmate and includes, at a minimum:

     (1)  The proposed course of treatment;

     (2)  The proposed site for treatment and post-treatment care;

     (3)  Documentation that medical providers who are qualified to provide the medical services identified in the medical release plan are prepared to provide those services; and

     (4)  The financial program in place to cover the cost of this plan for the duration of the medical release, which shall include eligibility for enrollment in commercial insurance, medicare, or medicaid, or access to other adequate financial resources for the duration of the medical release.

     "Paroling authority" means the Hawaii paroling authority.

     "Permanently and totally disabled" describes an inmate who, as determined by a licensed physician, suffers from permanent and irreversible physical incapacitation as a result of an existing physical or medical condition that was unknown at the time of sentencing or, since the time of sentencing, has progressed to render the inmate permanently and totally disabled, to the extent that the inmate does not pose a public safety risk.

     "Terminally ill" describes an inmate who, as determined by a licensed physician, has an incurable condition caused by illness or disease that:

     (1)  Was unknown at the time of sentencing or, since the time of sentencing, has progressed to render the inmate terminally ill;

     (2)  Will likely produce death within six months; and

     (3)  Is debilitating to the extent that the inmate does not pose a public safety risk.

     §353‑B  Medical release program; authority to release; rules.  The paroling authority shall establish a medical release program for inmates and prescribe when and under what conditions an inmate may be eligible for medical release, consistent with section 353‑E.  The paroling authority may adopt rules in accordance with chapter 91 to implement the medical release program.

     §353‑C  Eligibility.  (a)  Notwithstanding any other law and except as otherwise provided in this section, an inmate is eligible to be considered for medical release if the department determines that the inmate is:

     (1)  Diagnosed as permanently and totally disabled, terminally ill, or geriatric under the procedure described in section 353‑D(b)(1); and

     (2)  Incapacitated to the extent that the inmate does not pose a public safety risk.

     (b)  Persons convicted of a class A or class B felony or an offense that requires registration under chapter 846E shall not be eligible for release under this subpart.

     §353‑D  Procedure for medical release.  (a)  The paroling authority shall consider an inmate for medical release upon referral by the department.  The department may base its referral upon either a request or petition for release filed by the inmate, the inmate's attorney, or the inmate's parent, spouse, reciprocal beneficiary, child, or sibling, or upon a recommendation from within the department.

     (b)  The referral shall include an assessment of the inmate's medical and psychosocial condition and the risk the inmate poses to society, as follows:

     (1)  A licensed physician designated by the department shall review the case of each inmate who meets the eligibility requirements for medical release set forth in section 353‑C.  The physician shall prepare a written diagnosis that includes:

          (A)  A description of any terminal conditions, physical incapacities, and chronic conditions; and

          (B)  A prognosis concerning the likelihood of recovery from any terminal conditions, physical incapacities, and chronic conditions.

     (2)  The department shall assess the risk for violence and recidivism that the inmate poses to society and may consider such factors as the inmate's medical condition, the severity of the offense for which the inmate is incarcerated, the inmate's prison record, and the release plan.

     (c)  If the department determines that the inmate meets the criteria for release, the department shall complete the risk assessment and forward its referral and medical release plan for the inmate to the paroling authority within forty-five days of receiving a request, petition, or recommendation for release.

     (d)  The paroling authority shall determine whether to grant medical release within fifteen days of receiving a referral from the department for release of a terminally ill inmate and within twenty days of receiving a referral from the department for release of a permanently and totally disabled inmate or a geriatric inmate.  In making the determination, the paroling authority shall independently assess the risk for violence and recidivism that the inmate poses to society.  The paroling authority also shall provide the victim or victims of the inmate or the victim's or victims' family or families with an opportunity to be heard.

     (e)  A denial of medical release by the paroling authority shall not affect an inmate's eligibility for any other form of parole or release under applicable law.

     (f)  If the department determines that an inmate should not be considered for release under this subpart or the paroling authority denies medical release under this subpart, the inmate may not reapply or be reconsidered unless there is a demonstrated change in the inmate's medical condition.

     §353‑E  Conditions of medical release.  (a)  The paroling authority shall set reasonable conditions on an inmate's medical release that shall apply through the date upon which the inmate's sentence would have expired.  These conditions shall include the following:

     (1)  The released inmate's care shall be consistent with the care specified in the medical release plan as approved by the paroling authority;

     (2)  The released inmate shall cooperate with and comply with the prescribed medical release plan and with reasonable requirements of medical providers to whom the released inmate is to be referred for continued treatment;

     (3)  The released inmate shall be subject to supervision by the paroling authority and shall permit officers from the paroling authority to visit the inmate at reasonable times at the inmate's home or elsewhere;

     (4)  The released inmate shall comply with any conditions of release set by the paroling authority; and

     (5)  The paroling authority shall receive periodic assessments from the inmate's treating physician.

     (b)  The paroling authority shall promptly order an inmate returned to the custody of the department to await a revocation hearing if the paroling authority receives credible information that an inmate has failed to comply with any reasonable condition set upon the inmate's release.  If the paroling authority subsequently revokes an inmate's medical release for failure to comply with conditions of release, the inmate shall resume serving the balance of the sentence, with credit given only for the duration of the inmate's medical release served in compliance with all reasonable conditions set forth pursuant to subsection (a).  Revocation of an inmate's medical release for violating a condition of release shall not affect an inmate's eligibility for any other form of parole or release provided by law but may be used as a factor in determining eligibility for that parole or release.

     §353‑F  Change in medical status.  (a)  If a periodic medical assessment reveals that an inmate released on medical release has improved to an extent that the inmate would not be eligible for medical release if being considered at that time, the paroling authority shall order the inmate returned to the custody of the department to await a revocation hearing.  In determining whether to revoke medical release, the paroling authority shall consider the most recent medical assessment of the inmate and a risk assessment of the inmate conducted pursuant to section 353‑D(b)(2).  If the paroling authority revokes the inmate's medical release, the inmate shall resume serving the balance of the sentence, with credit given for the duration of the medical release.

     (b)  Revocation of an inmate's medical release due to a change in the inmate's medical condition shall not affect an inmate's eligibility for medical release in the future or for any other form of parole or release provided by law."

     SECTION 2.  Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§353‑     Medical release program.  The department shall assess and refer inmates to the Hawaii paroling authority under the medical release program established by the Hawaii paroling authority under subpart   of part II."

     SECTION 3.  Section 353-62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In addition to any other responsibility or duty prescribed by law for the Hawaii paroling authority, the paroling authority shall:

     (1)  Serve as the central paroling authority for the State;

     (2)  In selecting individuals for parole, consider for parole all committed persons, except in cases where the penalty of life imprisonment not subject to parole has been imposed, regardless of the nature of the offense committed;

     (3)  Determine the time at which parole shall be granted to any eligible individual as that time at which maximum benefits of the correctional institutions to the individual have been reached and the element of risk to the community is minimal;

     (4)  Establish rules of operation to determine conditions of parole applicable to any individual granted parole;

     (5)  Provide continuing custody, control, and supervision of paroled individuals;

     (6)  Revoke or suspend parole and provide for the authorization of return to a correctional institution for any individual who violates parole or any condition of parole when, in the opinion of the Hawaii paroling authority, the violation presents a risk to community safety or a significant deviation from any condition of parole;

     (7)  Discharge an individual from parole when supervision is no longer needed;

     (8)  Interpret the parole program to the public in order to develop a broad base of public understanding and support; [and]

     (9)  Establish the medical release program under subpart    of this part; and

    [(9)] (10)  Recommend to the legislature sound parole legislation and recommend to the governor sound parole administration."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Corrections; Medical Release of Ill and Disabled Inmates

 

Description:

Requires the Hawaii paroling authority to establish a medical release program for no-risk inmates who are permanently and totally disabled, terminally ill, or geriatric.  Requires department of public safety to assess and refer inmates to the Hawaii paroling authority.  Sets conditions for medical release.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.