SB87

By Senators Pittman, Brewbaker, Albritton, Allen, Marsh, Reed, Stutts, Waggoner and Coleman-Madison

ENROLLED, An Act,

Relating to medical paroles; to require the Department of Corrections to annually identify all inmates who have spent 30 or more days in an infirmary or under a physician's care and provide that information to the Board of Pardons and Paroles for consideration of medical paroles by the board under certain conditions; to provide for the medical parole of identified inmates under certain conditions; and to require the board to report certain information relating to medical parole to certain legislative committees.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as the Alabama Medical Parole Act.

Section 2. For the purposes of this section, the following terms shall have the following meanings:

(1) BOARD. The Board of Pardons and Paroles.

(2) GERIATRIC INMATE. A person 60 years of age or older convicted in this state of a non-capital felony offense and sentenced to the penitentiary, who suffers from a chronic life-threatening infirmity, life-threatening illness, or chronic debilitating disease related to aging, who requires assistance with a necessary daily life function and poses a low risk to the community, and who does not constitute a danger to himself or herself or society.

(3) NECESSARY DAILY LIFE FUNCTION. Eating, breathing, toileting, walking, or bathing.

(4) PERMANENTLY INCAPACITATED INMATE. A state inmate who satisfies both of the following:

a. Is unable to perform one and requires assistance with one or more necessary daily life functions or who is completely immobile.

b. Has such limited physical or mental ability, strength, or capacity that he or she poses an extremely low risk of physical threat to others or to the community.

(5) TERMINALLY ILL INMATE. A state inmate who has an incurable condition caused by illness or disease which would, with reasonable medical judgment, produce death within 12 months, and who does not constitute a danger to himself or herself or society.

Section 3. (a)(1) The Board of Pardons and Paroles shall establish a special medical parole docket and adopt the rules for implementation pursuant to Section 15-22-24(e), Code of Alabama 1975. For each person considered for medical parole, the board shall determine whether the person is a geriatric inmate, permanently incapacitated inmate, or terminally ill inmate for purposes of placing the person on a special medical parole docket to be considered for parole by the board. An open public hearing shall be held, pursuant to Section 15-22-23, Code of Alabama 1975, to consider the medical parole of the inmate. Notices of the hearing shall be sent pursuant to Sections 15-22-23, and 15-22-36, Code of Alabama 1975. The notice shall clearly state the inmate is being considered for a "medical parole."

(2) The Department of Corrections shall immediately provide, upon request from the board, a list of geriatric, permanently incapacitated, and terminally ill inmates who are otherwise eligible for parole, subject to the limitations provided under Section 15-22-28(e), Code of Alabama 1975. By January 1 of each calendar year, the Department of Corrections shall additionally identify all inmates who have spent more than 30 or more days in an infirmary in the prior calendar year or received costly and frequent medical treatment outside a Department of Corrections facility in the previous 12 months, as well as all inmates suffering from a life-threatening illness and whose death is imminent within 12 months, who are otherwise parole eligible, subject to the limitations provided under Section 15-22-28(e), Code of Alabama 1975, and shall immediately provide this information to the board to determine if identified inmates may be considered for a medical parole.

(3) Upon a determination that the inmate is eligible for a medical parole, the board shall place the inmate on the next available special medical parole docket pursuant to rules adopted by the board for the board to consider the individual for medical parole.

(b) Medical parole consideration shall be in addition to any other release for which an inmate may be eligible.

(c) In considering an inmate for medical parole, the board may request that additional medical evidence be produced, or that additional medical examinations be conducted by the Department of Corrections.

(d) In determining factors for a medical parole, the board shall take into consideration all of the following:

(1) Risk for violence.

(2) Criminal history.

(3) Institutional behavior.

(4) Age of the inmate, currently and at the time of the offense.

(5) Severity of the illness, disease, or infirmities and whether the same existed at the time of the offense.

(6) All available medical and mental health records.

(7) Reentry plans, which include alternatives to caring for terminally ill or permanently incapacitated inmates in traditional prison settings.

(e) This act shall not apply to inmates convicted of capital murder or a sex offense.

(f) Unless provided otherwise in this act, any medical parole under this act shall comply with Article 2, Chapter 22, Title 15, Code of Alabama 1975.

(g) The board shall report annually to the Joint Legislative Interim Prison Committee, House Judiciary Sentencing Commission Subcommittee, and the Alabama Sentencing Commission on the number of medical paroles granted, the nature of the illnesses, diseases, and conditions of those paroled, the number of inmates granted and denied medical parole, and the number of cases granted medical parole, but that could not be released. The crimes for which the inmates have been convicted shall also be provided in the annual report. The report shall be made in a manner that does not disclose any individual identifying information for any particular inmate and shall be compliant in all respects with the Health Insurance Portability and Accountability Act.

(h) This act shall not be deemed to grant any entitlement or right to release.

Section 4. This act shall become effective six months following its passage and approval by the Governor, or its otherwise becoming law.

Prisons and Prisoners

Corrections Department

Health

Counties

Medical Parole

Pardons and Paroles Board