Bill Text: HI SB2306 | 2014 | Regular Session | Introduced

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Bill Title: Corrections; Medical Release; Compassionate Release

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-01-21 - Referred to PSM/HTH, WAM. [SB2306 Detail]

Download: Hawaii-2014-SB2306-Introduced.html

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THE SENATE	S.B. NO.	2306
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to corrections.

 

 

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

 

     SECTION 1.  The legislature finds that an ever increasing number of men and women are entering prison with serious medical illnesses, many of whom suffer from an increasing risk of developing a serious illness or disability which becomes exponentially more likely for those prisoners with long mandatory sentences.  Longer sentences and an aging population mean that correctional facilities in Hawaii 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.  As of 2009, the United States federal prison system and thirty-nine states had laws governing medical or compassionate release.

     Compassionate release provides physicians and other medical professionals with an opportunity 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.  Using this medical foundation, criminal justice professionals can balance the need for punishment with an eligible individual's appropriateness for release.

     Compassion is an integral part of the Aloha spirit.  The purpose of this Act is to require medical or "compassionate" release for certain ill, disabled, and geriatric inmates who pose a low risk to public safety.

     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.  The department shall assess and refer inmates to the Hawaii paroling authority for possible medical release as provided in subpart B 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, Hawaii Revised Statutes, is amended by adding a new subpart to part II to be appropriately designated and to read:

"B.  Medical Release

     §353-    Definitions.  For the purpose of this subpart:

     "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.

     "Department" means the department of public safety.

     "Director" means the director of public safety.

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

     "Medical release" means the release of an inmate before the expiration of the inmate's sentence 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 includes, 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 to not occur.

     §353-    Medical release; authority to release; rules.  (a)  An inmate in the custody of the department shall be eligible to be considered for medical release if the inmate:

     (1)  Has an illness, disease, or medical condition with a prognosis to a reasonable medical probability that death will occur within one year;

     (2)  Has a seriously debilitating and irreversible mental or physical condition that impairs the inmate's functional ability and that can be managed more appropriately in a community setting; or

     (3)  Suffers from a serious, debilitating, and irreversible physical or mental condition related to aging that impairs the inmate's functional ability and is expected to require costly or complex care, treatment, or management.

     (b)  All requests for medical release shall be in writing and shall be made to the paroling authority.  Requests may be made by the director, an inmate, or an inmate's representative.

     (c)  If a request for medical release is made by the director, the request shall contain the following information:

     (1)  A report from a department physician stating whether or not the inmate meets the criteria for medical release and the basis for the physician's opinion; provided that the report shall state each diagnosis that applies to the inmate and the prognosis for each condition to a reasonable medical probability; provided further that where practicable the physician shall discuss the results of any tests, studies, or physical findings that support the diagnosis and prognosis and the nature and extent of the medical treatment that will most likely be required to manage the inmate's condition while in prison within the standard of care.  Where appropriate, the physician shall provide citations to relevant medical literature;

     (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 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 medical release plan; and

     (3)  A report from the department stating whether or not the department recommends medical release for the inmate and the reasons therefore; provided that if the department recommends release, the report shall also contain a medical release plan that provides for continuity of care.  The department shall provide the inmate with a copy of the report.

     (d)  If a request is made by an inmate or the inmate's representative, the request shall state the grounds for the requested release and shall contain a statement as to where the inmate will reside if released, who will care for the inmate, and how the inmate plans to obtain medical care.

     All requests initiated by an inmate shall be referred to the director immediately.  Within twenty days of receiving the request the department shall submit a medical release report to the paroling authority containing the information under subsection (c).

     (e)  The paroling authority shall conduct a hearing on all requests for medical release.  The hearing shall be held within ten days of receiving a medical release report from the department.  The inmate and the inmate's representative shall be permitted to participate in the hearing and submit medical and other evidence in support of the request.  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 inmate's 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 within two days following the hearing.

     (f)  The paroling authority shall not grant a medical release to an inmate who poses a danger to society.

     (g)  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)  The department shall adopt procedures for a fast track procedure for the evaluation and release of rapidly dying prisoners; provided that the procedures shall be posted on the website of the department and the paroling authority.

     (j)  The department shall adopt rules in accordance with chapter 91 to implement medical release for inmates.

     §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 sentence 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-    Return of inmate to custody.  (a)  The paroling authority shall promptly order an inmate to 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.

     (b)  If the paroling authority revokes an inmate's medical release for failure to comply with conditions of release, the inmate shall resume serving the remaining balance of the inmate's sentence, 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 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Corrections; Medical Release; Compassionate Release

 

Description:

Requires the department of public safety to assess and refer inmates to the Hawaii paroling authority (HPA) for possible medical release.  Provides that an inmate in the custody of the department shall be eligible to be considered for medical release if the inmate meets specified criteria under certain procedures.  Requires HPA to set reasonable conditions on an inmate's medical release.  Requires the HPA to promptly order an inmate returned to custody of the department to await a revocation hearing if the HPA receives credible information that an inmate has failed to comply with any reasonable condition set upon the inmate's release.

 

 

 

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