Bill Text: HI HB255 | 2014 | Regular Session | Amended
Bill Title: Department of Public Safety; Medical Release Program
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-13 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Awana, Cachola, Carroll, Takumi excused (4). [HB255 Detail]
Download: Hawaii-2014-HB255-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
255 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. An ever increasing number of men and women are entering prison with serious medical illnesses, and many more face the risk of developing a serious illness or disability. This is particularly true for prisoners with long mandatory sentences. Long sentences and an aging population mean that correctional facilities in this State and across the United States are housing a growing number of elderly inmates who often have extensive medical needs. Concern over how society should deal with the aging and seriously ill prison population has led policy makers in many states to endorse early release for older and seriously ill prisoners who pose a low risk to public safety. Presently, the United States federal prison system and many states grant some kind of medical or compassionate release.
Compassionate release calls on physicians and other medical professionals to use their unique expertise and knowledge of prognosis, geriatrics, cognitive and functional decline, and palliative medicine to ensure that medical criteria for compassionate release are appropriately evidence-based. With this information, criminal justice professionals are able to better determine whether or not an inmate should be granted medical release.
Compassion is an integral part of the aloha spirit. Accordingly, the purpose of this Act is to establish a medical release program for certain inmates who do not pose a significant risk to public safety and have an illness, disability, or a medical condition with a prognosis of death within six months or less; a seriously debilitating medical condition that cannot be appropriately treated in prison; or have such limited functional or cognitive ability that the inmate is not able to participate in rehabilitation or be aware of punishment.
SECTION 2. Chapter 353, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . MEDICAL RELEASE PROGRAM
§353- Definitions. For purposes of this part:
"Continuity of care" means an integrated system that ensures that a patient's medical needs are met as the patient transitions from one health care provider to another, from one setting to another, and from one level of care to another.
"Immediate family member" means a grandparent, parent, sibling, spouse, reciprocal beneficiary, or child.
"Inmate" means any person committed to the custody of the director.
"Medical release" means the release of an inmate before the expiration of the inmate's term of imprisonment due to the inmate's medical condition.
"Medical release plan" means a comprehensive, written medical and psychosocial care plan that is specific to the inmate and that shall include, at a minimum:
(1) A recommended course of treatment for the inmate; and
(2) A plan to provide continuity of care as the inmate transitions from prison to the community.
"Paroling authority" means the Hawaii paroling authority.
"Reasonable medical probability" means that a medical outcome is more likely to occur than not to occur.
§353- Medical release program. (a) An inmate may be considered for medical release if the inmate does not pose a significant risk to public safety and the inmate:
(1) Has a terminal illness, disease, or medical condition with a prognosis to a reasonable medical probability that death will occur within six months or less;
(2) Has a seriously debilitating mental or physical condition for which treatment is unavailable in prison or which cannot be appropriately treated or cared for in prison; or
(3) Suffers from an illness, disease, or mental or physical condition that impairs the inmate's functional or cognitive ability to the extent that the inmate is not able to participate in rehabilitation or be aware of punishment.
(b) Requests for medical release may be made by the director, an inmate, or an inmate's immediate family member or representative. All requests for medical release shall be in writing.
(c) If a request for medical release is made by the director, the request shall be made to the paroling authority. All requests made by the director shall contain the following information:
(1) A report from a department physician stating that the inmate meets the criteria for medical release and the basis for the physician's opinion, including:
(A) Each diagnosis that applies to the inmate and the prognosis for each condition to a reasonable medical probability;
(B) Where practicable, the results of any tests, studies, or physical findings that support the diagnosis and prognosis;
(C) Where appropriate, the citations to relevant medical literature; and
(D) The nature and extent of the medical treatment that will most likely be required to manage the inmate's condition while incarcerated within the standard of care; and
(2) A written evaluation prepared by the director on the risk for violence and recidivism, if any, that the inmate poses to society in light of 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 that provides for continuity of care.
The department shall provide the inmate with a copy of the director's medical release request.
(d) If a request for medical release is made by an inmate or an inmate's immediate family member or representative, the request shall be made to the director. All requests made by an inmate or an inmate's immediate family member or representative shall state the grounds for the request for medical release and a statement as to where the inmate will reside upon release, who will care for the inmate upon release, and how the inmate plans to obtain medical care upon release.
Not more than twenty days after receiving the request, the director shall submit the request for medical release and the information required under subsection (c) to the paroling authority. The department shall provide the inmate with a copy of the medical release request.
(e) The paroling authority shall conduct a hearing on all requests for medical release. The hearing shall be held within ten days of the paroling authority's receipt from the department of the request for medical release. The inmate or the inmate's immediate family member or representative shall be permitted to participate in the hearing and may submit medical and other evidence in support of the request, including a report with findings from a private licensed medical doctor retained by the inmate pursuant to section 353-13.5, stating whether the inmate meets the criteria for medical release and the basis for the physician's opinion.
The paroling authority shall independently determine whether the inmate meets the criteria for medical release and shall independently assess the risk for violence and recidivism, if any, that the inmate poses to society. The paroling authority shall also provide the victim of the criminal act for which the inmate was sentenced, or the victim's family, with the opportunity to be heard. The paroling authority shall grant or deny the request no more than two days following the hearing.
(f) The paroling authority shall not grant medical release to an inmate who poses a significant risk to public safety.
(g) An inmate may appeal a denial of a request for medical release to the circuit court within thirty days. 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; provided that the inmate may not reapply or be reconsidered for medical release unless there is a demonstrated change in the inmate's medical condition.
(h) The director shall appoint an advocate for any inmate who requests medical release and is unable because of incapacitation or debilitation to advocate on the inmate's own behalf.
(i) Medical release shall not be considered a reduction of a minimum term of imprisonment and the sixty-day notice requirement of section 706-669(5) shall not apply to any medical release; provided that the department shall give the prosecuting attorney of the appropriate county notice of all requests for medical release as soon as practicable after a request is initiated, and the prosecuting attorney shall be permitted to participate in any medical release hearing conducted by the paroling authority.
§353- Conditions of a medical release. The paroling authority shall set reasonable conditions on an inmate's medical release that shall apply through the date upon which the inmate's term of imprisonment would have expired. The conditions shall include the following:
(1) The released inmate shall be subject to supervision by the paroling authority;
(2) Personnel of the department shall be allowed to visit the inmate at reasonable times at the inmate's home or elsewhere; and
(3) The released inmate shall comply with all conditions of release set by the paroling authority.
§353- Revocation of medical release; return of inmate to custody. (a) The paroling authority shall promptly order an inmate to be returned to the custody of the director 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 medical release.
(b) If the paroling authority revokes an inmate's medical release for failure to comply with a condition of release, the inmate shall resume serving the remaining balance of the inmate's term of imprisonment, with credit given only for the duration of the inmate's medical release served in compliance with all reasonable conditions. 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; provided that revocation of an inmate's medical release may be used as a factor in determining eligibility for future parole or release."
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Department of Public Safety; Medical Release Program
Description:
Establishes a medical release program under the Department of Public Safety for inmates who have a serious illness, disease, or medical condition and do not pose a significant risk to public safety. Effective July 1, 2050. (HB255 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
