Bill > S2304

This bill establishes a process for the medical placement of inmates who are terminally ill or permanently incapacitated, allowing them to be released on "conditional medical probation" if they no longer pose a public safety risk. This probation requires a comprehensive medical and psychosocial care plan, including treatment, post-treatment care, qualified medical providers, and financial resources to cover costs, such as insurance or Medicare/Medicaid. A "terminal illness" is defined as an incurable condition likely to cause death within 18 months and so debilitating that the inmate is not a public safety risk, while "permanent incapacitation" means a permanent and irreversible physical condition that was unknown at sentencing or has progressed since sentencing to the point where the inmate is not a public safety risk. Inmates, their attorneys, next of kin, or correctional staff can initiate a request, which is then reviewed by the facility superintendent or sheriff. If approved, the commissioner of correction or sheriff petitions a court for release, notifying relevant parties, including the district attorney and potentially victims, who have an opportunity to be heard. A judge ultimately decides on granting conditional medical probation, with specific timelines for review. If granted, the inmate is under judicial supervision with conditions, including adherence to the medical plan and probation requirements, and failure to comply can result in returning to serve the remainder of their sentence. The bill also mandates the creation of rules and regulations, employee training, and an annual report detailing the implementation and outcomes of this program.