Bill

Bill > SB0117


IN SB0117

IN SB0117
Compassionate release.


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Compassionate release. Allows certain convicted persons who have a chronic medical condition or are terminally ill or gravely disabled to file a petition for sentence modification, without the consent of the prosecuting attorney. Defines "chronic medical condition" and "terminally ill or gravely disabled" for purposes of filing a petition for sentence modification. Specifies that a court may not, without the consent of the prosecuting attorney, reduce or suspend a convicted person's sentence: (1) that was not authorized by a plea agreement; or (2) that is below the sentence that the court was authorized to impose at the time of sentencing. Provides certain criteria that the court must consider when ruling on a petition for sentence modification. Allows the court to grant or deny a petitioner's request for sentence modification, summarily dismiss the petition, or hold a hearing.

AI Summary

This bill creates a compassionate release mechanism for certain convicted individuals with serious medical conditions, allowing them to petition for sentence modification without the prosecuting attorney's consent under specific circumstances. The bill defines two key medical categories: "chronic medical condition" and "terminally ill or gravely disabled." For a chronic medical condition, this means a person with age-related medical diagnoses, significantly diminished health, and inability to receive adequate treatment in a correctional facility. "Terminally ill or gravely disabled" includes individuals diagnosed with terminal illnesses having less than 18 months to live, specific end-stage diseases like metastatic cancer or ALS, or those unable to complete basic daily activities and confined to a bed or chair. Eligible individuals must meet specific criteria, such as being terminally ill, at least 65 years old with certain sentencing and service conditions, and may petition only once without prosecutorial consent (with a potential second petition if medical evidence shows substantial deterioration). The court must consider the person's reentry plans, including living arrangements and medical care, and can grant, dismiss, or hold a hearing on the petition. The bill explicitly prevents reducing sentences below the original sentencing authorization and provides additional protections for plea agreement sentences, aiming to balance compassionate release with judicial and prosecutorial oversight.

Committee Categories

Justice

Sponsors (1)

Last Action

First reading: referred to Committee on Corrections and Criminal Law (on 01/08/2025)

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