ARTICLE 20

RELATING TO CORRECTIONS

     SECTION 1. Sections 13-8.1-2, 13-8.1-3 and 13-8.1-4 of the General Laws in Chapter

13-8.1 entitled "Medical Parole" are hereby amended to read as follows:

13-8.1-2. Purpose. -- Medical parole is made available for humanitarian reasons and to

alleviate exorbitant medical expenses associated with inmates whose chronic and incurable illness

render their incarceration non-punitive and non-rehabilitative. 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.

13-8.1-3. Definitions. -- (a) "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.

      (b) "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.

(c) "Severely ill" means suffering from a significant and permanent or chronic physical

and/or mental condition that: (1) Requires extensive medical and/or psychiatric treatment with

little to no possibility of recovery; and (2) Precludes significant rehabilitation from further

incarceration.

13-8.1-4. Procedure. -- (a) The parole board is authorized to grant release of a prisoner,

except a prisoner serving life without parole, at any time, who is determined to be terminally ill,

severely ill or permanently physically incapacitated within the meaning of section 13-8.1-3.

Inmates who are severely ill will only be considered for such release when their treatment causes

the state to incur exorbitant expenses as a result of continued and frequent medical treatment

during incarceration, as determined by the office of financial resources of the department of

corrections.

      (b) In order to apply for this relief, the prisoner, with an attending physician's written

approval, 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) ten

(10) days. Upon receipt of the medical discharge plan the director of the department of

corrections shall immediately transfer the medical discharge plan together with the application to

the parole board for its consideration and decision.

      (c) The report shall contain, at a minimum, the following information:

      (1) Diagnosis of the prisoner's medical conditions, including related medical history;

      (2) Detailed description of the conditions and treatments;

      (3) Prognosis, including life expectancy, likelihood of recovery, likelihood of

improvement, mobility, and rate of debilitation;

      (4) Degree of incapacity or disability, including an assessment of whether the prisoner is

ambulatory, capable of engaging in any substantial physical activity, and the extent of that

activity;

      (5) 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 or

severely ill. If the medical director's opinion is that the person is not terminally ill, permanently,

physically incapacitated, or severely ill as defined in section 13-8.1-3, the petition for medical

parole shall not be forwarded to the parole board.

(6) In the case of a severely ill inmate, the report shall also contain a determination from

the office of financial resources that the inmate's illness causes the state to incur exorbitant

expenses as a result of continued and frequent medical treatment during incarceration.

      (d) When the director 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.

      (e) 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:

      (1) An appropriate placement for the prisoner has been secured, including, but not

limited to, a hospital, nursing facility, hospice, or family home;

      (2) A referral has been made for the prisoner to secure a source for payment of the

prisoner prisoner's medical expenses has been secured;

      (3) A physician continues to examine the releasee and A parole officer has been

assigned to periodically obtain updates on the prisoner's medical condition to report back to the

board.

      (f) If the parole board finds from the credible medical evidence that the prisoner is

terminally ill, or permanently physically incapacitated, or severely ill, 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 the 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.

Notwithstanding any other provision of law, release may be granted at any time during the term

of a prisoner's sentence.

      (g) 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 (b) 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.

      (h) 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 without a

hearing. Denial of release does not preclude the prisoner from reapplying for medical parole after

the expiration of sixty (60) days. A reapplication under this section must demonstrate a material

change in circumstances.

      (i) (1) Upon receipt of the application from the director of the department of corrections

the parole board shall, except as provided in subsection (h) of this section, set the case for a

hearing within fourteen (14) thirty (30) days;

      (2) 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;

      (3) At the hearing, the prisoner shall be entitled to be represented by an attorney or by

the public defender if qualified or other representative.

      (j) Within seven (7) days of the hearing, the parole board shall issue a written decision

granting or denying medical parole and explaining the reasons for the decision. If the board

determines that medical parole is warranted, it shall impose conditions of release, which shall

include the following:

      (1) Periodic medical examinations;

      (2) Periodic reporting to a parole officer, and the reporting interval;

      (3) Any other terms or conditions that the board deems necessary.; and

(4) In the case of a prisoner who is medically paroled due to being severely ill, the parole

board shall require electronic monitoring as a condition of the medical parole, unless the health

care plan mandates placement in a medical facility that cannot accommodate the electronic

monitoring.

      (k) 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 a 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.

      (l) An annual report shall be prepared by the director of corrections for the parole board

and the general assembly. The report shall include:

      (1) The number of inmates who have applied for medical parole;

      (2) The number who have been granted medical parole;

      (3) The nature of the illness of the applicants, and the nature of the placement pursuant to

the medical discharge plan;

      (4) The categories of reasons for denial for those who have been denied;

      (5) The number of releasees on medical parole who have been returned to the custody of

the department of corrections and the reasons for return.

     SECTION 2. Section 13-8-23 of the General Laws in Chapter 13-8 entitled "Parole" is

hereby amended to read as follows:

13-8-23. Agencies required to provide reports to parole board. -- Parties required to

provide reports to parole board. -- Information concerning applicants for parole shall be

provided by:

      (1) The director of corrections, who shall submit a list of all prisoners under his or her

control who will be eligible for parole in a given month, not later than the tenth day of the second

month preceding. That list shall identify the prisoner by name, offense, and date of commitment;

      (2) The director of corrections, who shall secure reports from prison officials and

institutional personnel who have had direct contact with the prisoner including, but not limited to,

the director of corrections, the chaplain, the work detail officer, the prison physician, and the

classification officer prison administrators, the classification board, mental health counselors,

correctional officers, and medical personnel. The director shall transmit those reports, together

with all pertinent classification information, including such as social history and information

pertaining to the prisoner's disciplinary record, participation in rehabilitation and educational

programs, employment history and plan, housing plan, community supports, mental health status

and needs, substance abuse status and needs, discharge plan, etc., and any actions or

recommendations made by a classification board or committee in the institution, to the board not

later than the twentieth day of the month next preceding the month in which the individual is

eligible to appear before the board;

      (3) The attorney general's department, which shall supply to the board a written report of

its recommendation concerning the current application for parole. The report shall set forth in

detail the reason or reasons why the particular inmate, given his or her criminal history and the

circumstances surrounding his or her offense, should or should not be paroled. The department

shall also consult the trial judge in the case to determine if he or she may wish to make any

comment or recommendation; and if requested by the board, the department shall have one of its

attorneys present at the board hearings to elaborate on the attorney general's recommendation as

to parole of the inmate;

      (4) The state When deemed necessary by the board, a psychiatrist, who shall examine the

prisoner upon notice from the board and shall submit his or her findings and recommendations to

the board not later than the twentieth day of the month next preceding the month in which the

prisoner is eligible to appear before the board;

      (5) The psychological services agency, which Licensed mental health professionals who

shall upon notice from the board examine the prisoner and report its their findings and

recommendations to the board not later than the twentieth day of the month next preceding the

month in which the prisoner is eligible to appear before the board; provided, no applicant for

parole who is incarcerated for a crime of violence, as defined in section 11-47-2, shall be

considered for parole unless a psychological examination of the applicant that included

standardized national psychological testing was completed within one year prior to the applicant's

parole hearing date or any continuance of the hearing;

      (6) The department of corrections, which shall submit: (i) a transcript of the previous

criminal record of the prisoner, including the date of offenses, nature of offenses, and the

disposition of each; (ii) a copy of the pre-sentence investigation; and (iii) a full summary of the

contact of the department with the prisoner during any prior period under supervision, either

probation or parole or both. The department shall make a written recommendation concerning the

current application for parole.

     SECTION 3. The director shall submit a quarterly report to the chairs of the house and

senate finance committees and their respective fiscal advisors on the progress of closing the

Donald Price medium security facility.

     SECTION 4. This Article shall take effect upon passage.