HOUSE OF REPRESENTATIVES

H.B. NO.

2168

TWENTY-SIXTH LEGISLATURE, 2012

 

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.  The legislature finds that the overcrowded conditions of the State's correctional facilities and the high costs of incarceration require that the State consider alternatives to incarceration.  One alternative is to establish a program to grant eligible inmates medical release from prison.  Medical release, also known as compassionate release, is the granting of early release from prison because of terminal illness or other compelling reasons.  Medical release has gained support of correctional experts because of the increasing numbers of older inmates in prisons and rising health costs faced by many states.

     A number of states provide for the medical release of inmates, based upon varying criteria.  In North Carolina, for example, to be considered for medical release, an inmate must be permanently and totally disabled, terminally ill, or geriatric, and incapacitated to the extent that the inmate does not pose a risk to public safety.  Alabama provides a medical furlough program for geriatric inmates, permanently incapacitated inmates, and terminally ill inmates.  Given the controversy that is inherent in the concept of allowing convicted persons to spend part of their prison sentences outside of prison, and the need to balance the purposes of the criminal justice system on the one hand and humanitarian concerns on the other, the legislature finds that an approach that incorporates both correctional and medical experts is essential to the success of a medical release program.

     The purpose of this Act is to create a medical release program for the State's ill, disabled, and geriatric inmates who no longer pose a risk to public safety.

     SECTION 2.  Chapter 353, part I, Hawaii Revised Statutes, is amended by adding a new section 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 pursuant to the medical release program established under subpart    of part II."

     SECTION 3.  Chapter 353, part II, Hawaii Revised Statutes, is amended by designating sections 353-61 to 353-72 as subpart A and inserting a title before section 353-61 to read as follows:

"A.  GENERAL PROVISIONS"

     SECTION 4.  Chapter 353, part II, Hawaii Revised Statutes, is amended by adding a new subpart to be appropriately designated and to read as follows:

"   .  MEDICAL RELEASE PROGRAM

     §353-A  Definitions.  For the purposes of this subpart, unless the context clearly requires otherwise:

     "Geriatric inmate" means 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 to the extent that the inmate does not pose a risk to public safety.

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

     "Licensed physician" means a physician licensed under chapter 453, if the examination of an inmate occurs in the State, or a physician licensed to practice medicine in the state in which the inmate is incarcerated pursuant to a prisoner incarceration contract executed by the department.

     "Medical release" means a program that allows the paroling authority to release from prison, any 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 an inmate and includes but is not limited to the following:

     (1)  The proposed course of treatment;

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

     (3)  Documentation that qualified medical providers shall provide the medical services identified in the medical release plan; and

     (4)  A financial program to cover the cost of the medical release plan for the duration of the medical release, including eligibility for enrollment in commercial insurance, medicare, or medicaid, or access to other financial resources that are adequate for the duration of the medical release.

     "Paroling authority" means the Hawaii paroling authority.

     "Permanently and totally disabled inmate" means 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 risk to public safety.

     "Terminally ill inmate" means 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)  Is likely to result in the inmate's death within six months; and

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

     §353-B  Medical release program; establishment; rules; referral; determination.  (a)  The paroling authority shall establish a medical release program for inmates that shall prescribe when and under what conditions an inmate may be eligible for medical release, consistent with section 353-C and how a request, petition, or recommendation for release may be made.  The paroling authority may adopt rules in accordance with chapter 91 to implement the medical release program.

     (b)  A department referral for the medical release of an inmate shall include an assessment of the inmate's medical and psychosocial condition and the risk that 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 by the paroling authority.  The physician shall prepare a written diagnosis for each inmate 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; and

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

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

     (d)  The paroling authority shall determine whether to grant a medical release within fifteen days of receiving a referral from the department for the release of a terminally ill inmate and within twenty days of receiving a referral from the department for the release of a permanently and totally disabled inmate or geriatric inmate.  In making the determination, the paroling authority shall independently assess the risk for violence and recidivism that the inmate poses to society and shall also provide the victim or victims of the inmate or the victim's or victims' family or families with the 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 medical release or the paroling authority denies medical release, the inmate may not reapply or be reconsidered for medical release unless there is a significant change in the inmate's medical condition, as determined by a licensed physician.

     §353-C  Conditions of a medical release.  (a)  The paroling authority shall set reasonable conditions on an inmate's medical release that shall apply through the date of the expiration of the inmate's sentence.  The conditions shall require that:

     (1)  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; and

     (2)  The released inmate shall comply with any conditions of release set by the paroling authority.

     (b)  The paroling authority shall promptly order that an inmate be 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 revokes an inmate's medical release for failure to comply with any condition of release, the inmate shall resume serving the balance of the inmate's sentence, with credit given for the period of the inmate's medical release during which the inmate was in compliance with the conditions set 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 to determine eligibility for the parole or release.

     §353-D  Change in medical status.  (a)  If a medical assessment reveals that an inmate on medical release has improved to the extent that the inmate would no longer be eligible for medical release, 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-B(b)(2).  If the paroling authority revokes the inmate's medical release, the inmate shall resume serving the balance of the inmate's sentence, with credit given for the period of the inmate's medical release during which the inmate was in compliance with the conditions 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 5.  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   ; and

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

     SECTION 6.  In codifying the new sections added by section 4 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Public Safety; Medical Release Program For Inmates

 

Description:

Requires the Hawaii paroling authority to establish a program for the medical release from prison of ill, disabled, and geriatric inmates.

 

 

 

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