SB56INTRODUCED
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SB56
SW9W785-1
By Senators Roberts, Singleton, Smitherman, Chambliss, Jones
RFD: Judiciary
First Read: 04-Feb-25
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5 SW9W785-1 01/29/2025 CNB (L)CMH 2024-2844
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First Read: 04-Feb-25
SYNOPSIS:
Under existing law, an inmate who meets certain
medical criteria may be considered for medical parole.
This bill would modify the requirements for an
inmate to be eligible for medical parole.
This bill would require the Board of Pardons and
Paroles to hold a medical parole hearing within 90 days
of an inmate becoming eligible for medical parole.
This bill would provide for appellate relief for
an inmate who is denied medical parole.
Under existing law, the Commissioner of the
Department of Corrections may grant medical furlough to
an inmate if he or she meets certain medical criteria.
This bill would modify the requirements for an
inmate to be eligible for medical furlough.
This bill would authorize an inmate released on
medical furlough to reside in any state.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
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AN ACT
Relating to the Board of Pardons and Paroles and the
Department of Corrections; to amend Sections 15-22-42 and
15-22-43, Code of Alabama 1975, to further provide for
eligibility requirements for medical parole; to require the
board to hold a medical parole hearing within a specified
period of time; to provide for appellate relief for an inmate
who was denied medical parole; to amend Sections 14-14-2,
14-14-3, 14-14-4, and 14-14-5, Code of Alabama 1975, to
further provide for the eligibility requirements for medical
furlough; to provide that an inmate released on medical
furlough may reside in any state; and to make nonsubstantive,
technical revision to update the existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 15-22-42 and 15-22-43, Code of
Alabama 1975, are amended to read as follows:
"§15-22-42
For the purposes of this article, the following terms
shall have the following meanings:
(1) BOARD. The Board of Pardons and Paroles.
(2) GERIATRIC INMATE. A person 60 An inmate who: (i) is
65 years of age or older convicted in this state of a
non-capital felony offense and sentenced to the penitentiary,
who ; (ii) suffers from a chronic life-threatening infirmity,
life-threatening illness, or chronic debilitating disease
related to aging , who; (iii) requires assistance with a
necessary daily life function ; and (iv) poses a low risk to
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necessary daily life function ; and (iv) poses a low risk to
the community, and who does not constitute a danger to himself
or, herself, or society.
(3) NECESSARY DAILY LIFE FUNCTION. Eating, breathing,
toileting, walking, or bathing.
(4) PERMANENTLY INCAPACITATED INMATE. A stateAn inmate
who satisfies both of the following:a. Is : (i) is unable to
perform one and requires assistance with one or more necessary
daily life functions , or who is completely immobile .b. Has;
and (ii) has such limited physical or mental ability,
strength, or capacity that he or she poses an extremely low
risk of physical threat to others or to the community.
(5) TERMINALLY ILL INMATE. A state An inmate who: (i)
has an incurable condition caused by illness or disease which
that would, with reasonable medical judgment, produce death
within 12 months ,; and who (ii) does not constitute a danger
to himself or, herself, or society."
"§15-22-43
(a)(1) TheNotwithstanding any other law to the
contrary, the Board of Pardons and Paroles shall establish a
special medical parole docket and adopt the rules for
implementation pursuant to Section 15-22-24(e). For each
person considered for medical parole, the board shall
determine whether the person is a .
(b) The following inmates shall be eligible for medical
parole as long as he or she is at least 65 years of age and
has served a minimum of 25 years of his or her sentence: (i) a
geriatric inmate ,; (ii) a permanently incapacitated inmate ,
or; (iii) a terminally ill inmate for purposes of placing the
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or; (iii) a terminally ill inmate for purposes of placing the
person on a special medical parole docket to be considered for
parole by the board ; (iv) an inmate who has spent 30 or more
days in an infirmary in the prior calendar year; and (v) an
inmate who has received costly and frequent medical treatment
outside a Department of Corrections facility in the previous
12 months.
(c) An open public hearing shall be held, pursuant to
Section 15-22-23, to consider the medical parole of the
inmate. Notices of the hearing shall be sent pursuant to
Sections 15-22-23 and 15-22-36. The notice shall clearly state
the inmate is being considered for a medical parole.
(2) The (d)(1) By the first day of each month, the
Department of Corrections shall immediately provide, upon
request from to the board, a list of geriatric, permanently
incapacitated, and terminally ill inmates who are otherwise
eligible for parole, subject to the limitations provided under
Section 15-22-28(e) in the department's physical custody. The
determination of whether an inmate is geriatric, permanently
incapacitated, or terminally ill shall be made by a physician
employed by the department or its health care provider .
(2) By January 1 of each calendar year, the Department
of Corrections shall additionally identify provide to the
board a list of all inmates in the department's physical
custody who have spent more than 30 or more days in an
infirmary in the prior calendar year or received costly and
frequent medical treatment outside a Department of Corrections
facility in the previous 12 months , as well as all inmates
suffering from a life-threatening illness and whose death is
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suffering from a life-threatening illness and whose death is
imminent within 12 months, who are otherwise parole eligible,
subject to the limitations provided under Section 15-22-28(e),
and shall immediately provide this information to the board to
determine if identified inmates may be considered for a
medical parole.
(3) Upon a determination that the inmate is eligible
for a medical parole, the board shall place the inmate on the
next available special medical parole docket pursuant to rules
adopted by the board for the board to consider the individual
for medical parole. (e) Within 90 days of the board receiving
the list from the Department of Corrections, as required in
subsection (d), the board shall hold a medical parole hearing
if the board determines the inmate is eligible for medical
parole.
(b)(f) Medical parole consideration shall be in
addition to any other release for which an inmate may be
eligible.
(c)(g) In considering an inmate for medical parole, the
board may request that additional medical evidence be
produced, or that additional medical examinations be conducted
by the Department of Corrections.
(d)(h) In determining factors for a medical parole, the
board shall take into consideration all of the following:
(1) Risk for violence.
(2) Criminal history.
(3) Institutional behavior.
(4) Age of the inmate, currently and at the time of the
offense.
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offense.
(5) Severity of the illness, disease, or infirmities
and whether the same existed at the time of the offense.
(6) All available medical and mental health records.
(7) Reentry plans, which include alternatives to caring
for terminally ill or permanently incapacitated inmates in
traditional prison settings.
(e)(i) This article shall not apply to inmates
convicted of capital murder or a sex offense or sentenced to
life imprisonment without the possibility of parole .
(f) Unless provided otherwise in this article, any
medical parole under this article shall comply with Article 2,
Chapter 22, Title 15.
(j)(1) An inmate whose medical parole is denied shall
have the right to appeal the denial as provided in this
subsection.
(2) Within 42 days of the board denying an inmate
medical parole, the inmate, or an individual acting on the
inmate's behalf, may appeal the decision.
(3) The venue for the appeal shall be the circuit court
of the county of the inmate's last conviction.
(4) The petition shall be heard by the circuit judge
who presided over the trial of the last conviction or, if the
judge is no longer serving, by any of the circuit judges in
the circuit.
(5) Review by the court shall be de novo without a
jury.
(6) The decision by the court may be appealed pursuant
to the court of criminal appeals and is subject to the Rules
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to the court of criminal appeals and is subject to the Rules
of Appellate Procedure.
(g)(k)(1) The board shall annually report annually to
the Joint Legislative Interim Prison Oversight Committee,
House Judiciary Sentencing Commission Subcommittee, and the
Alabama Sentencing Commission on the all of the following:
a. The number of inmates eligible for medical paroles
granted, the parole.
b. The nature of the illnesses, diseases, and
conditions of those inmates paroled, the .
c. The number of inmates granted and denied medical
parole, and the .
d. The number of cases inmates granted medical parole ,
but that who could not be released.
e. The crimes for which the inmates have been convicted
shall also be provided in the annual report .
(2) The report shall be made in a manner that does not
disclose any individual identifying information for any
particular inmate and shall be compliant in all respects with
the Health Insurance Portability and Accountability Act.
(h)(l) This article shall not be deemed to grant any
entitlement or right to release."
Section 2. Sections 14-14-2, 14-14-3, 14-14-4, and
14-14-5, Code of Alabama 1975, are amended to read as follows:
"§14-14-2
For purposes of this chapter, the following words shall
have the following meanings:
(1) COMMISSIONER. The Commissioner of the Department of
Corrections.
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Corrections.
(2) DEPARTMENT. The Department of Corrections.
(3) GERIATRIC INMATE. A person 55 An inmate who: (i) is
65 years of age or older convicted in this state of a
non-capital felony offense and sentenced to the penitentiary,
who ; (ii) suffers from a chronic life-threatening infirmity,
life-threatening illness, or chronic debilitating disease
related to aging , who ; (iii) poses a low risk to the
community, and who ; and (iv) does not constitute a danger to
himself or, herself, or society.
(4) PERMANENTLY INCAPACITATED INMATE. A state An inmate
who: (i) possesses a permanent, irreversible physical or
mental health condition that prevents him or her from being
able to perpetrate a violent physical action upon another
person or self or initiate or participate in a criminal act .
The medical or mental health treatment or need for assistance
of such individual must require ; (ii) requires daily
assistance from a caretaker or a long-term skilled medical or
rehabilitation center to perform or assist with activities of
daily living, such as ambulation, dressing, and bathing and/or
must require; (iii) requires medications or treatments, such
as hemodialysis, to sustain life which require regular
diagnostic tests to monitor therapeutic effectiveness .
Long-term; and (iv) requires long-term care and housing needs
of such individual with a physical or mental health condition
described above must have the potential to that exceed the
capabilities to provide such need within the confinement of a
of what the department has the ability to provide in a secure
correctional facility within the department.
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correctional facility within the department.
(5) TERMINALLY ILL INMATE. A person convicted of a
non-capital felony offense who is sentenced to the
penitentiary and An inmate who: (i) has an incurable condition
caused by illness or disease which that would, with reasonable
medical judgment, produce death within 12 months ,; and who
(ii) does not constitute a danger to himself or, herself, or
society."
"§14-14-3
(a) No physical or medical condition that existed at
the time of sentencing shall provide the basis for medical
furlough under this chapter, unless the inmate has become
permanently incapacitated or terminally ill after the date of
sentencing. In considering an inmate's eligibility for medical
furlough, the department shall take into consideration the age
of the inmate at the time the crime was committed.
(b) No inmate shall be considered for medical furlough
unless the inmate consents in writing to the release after a
written explanation of the inmate's medical needs and the
availability of medical services, unless the inmate is not
capable of consent as determined by a medical professional.
(c) NoAn inmate shall may not be considered for medical
furlough unless he or she would be Medicaid or Medicare
eligible at the time of release or if a member of the inmate's
family agrees in writing to assume financial responsibility
for the inmate, including, but not limited to, the medical
needs of the inmate."
"§14-14-4
(a) The department shall establish a medical furlough
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(a) The department shall establish a medical furlough
program. The commissioner shall adopt the rules and
regulations for implementation of the medical furlough
program. For each person considered for medical furlough, the
commissioner shall determine whether the person is a
(b) The following inmates shall be eligible for medical
furlough as long as he or she is at least 65 years of age and
has served a minimum of 25 years of his or her sentence: (i) a
geriatric inmate ,; (ii) a permanently incapacitated inmate ,
or; and (iii) a terminally ill inmate.
(b)(c) Notwithstanding any other law to the contrary,
an inmate who has not served his or her minimum sentence shall
be considered eligible for consideration for furlough under
this chapter.
(c)(d) This chapter shall not apply to inmates
convicted of capital murder or a sexual sex offense or an
inmate sentenced to life imprisonment without the possibility
of parole.
(d)(e) Medical furlough consideration shall be in
addition to any other release for which an inmate may be
eligible.
(e)(f) The commissioner shall determine the conditions
of release of any inmate pursuant to this chapter, including
the appropriate level of supervision of the inmate, and shall
develop a discharge plan for each inmate released under this
chapter. Prior to the commissioner granting any release based
on the appropriate medical documentation pursuant to
subsection (b) of Section 14-14-5, employees of the department
shall contact appropriate departments and agencies, which may
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shall contact appropriate departments and agencies, which may
includeincluding, but shall not be limited to, the Department
of Public Health, the Department of Human Resources, Medicare,
Medicaid, hospice organizations, or other public and nonprofit
community service agencies as the commissioner may deem
necessary for consultation in developing an appropriate
discharge plan, and to confirm that required care and
resources are available to meet the inmate's needs. This
chapter is not intended to expand or create new
responsibilities for public agencies for arranging and
providing care.
(f)(g) In considering an inmate for medical furlough,
the department may request that additional medical evidence be
produced, or that additional medical examinations be
conducted.
(g)(h) Except as provided herein in subsection (i) , the
furlough of an inmate on medical furlough shall be for the
remainder of the inmate's sentence. In addition to terms and
conditions prescribed by the department, supervision of an
inmate on medical furlough shall at a minimum consist of
biannual medical evaluations by a medical care provider at
intervals to be determined by the commissioner at the time of
release.
(h) If the (i) The commissioner shall revoke an
inmate's medical furlough if any of the following occur:
(1) The medical condition of an inmate released
pursuant to this chapter should improve improves to the extent
that he or she no longer meets the criteria by which he or she
was released, or if he .
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was released, or if he .
(2) He or she violates a condition of release or.
(3) He or she becomes a danger to himself or, herself,
or others, the commissioner shall revoke the furlough .
(i)(j)(1) The commissioner shall annually report
annually to the Joint Legislative Interim Prison Oversight
Committee, House Judiciary Sentencing Commission Subcommittee,
and the Alabama Sentencing Commission on the all of the
following:
a. The number of applications for medical furlough,
including the nature of the illnesses, diseases, and
conditions of the applicants , the .
b. The number of inmates granted and denied release ,
and the .
c. The number of persons inmates on medical furlough
who have been returned to the custody of the department.
d. The commissioner shall further report on the status
of all inmates who meet the criteria for medical furlough as
defined in Section 14-14-214-14-4. This report shall include
those
e. Those individuals who have spent more than 30
calendar days within the prior 12 month 12-month time period
in an infirmary or under direct medical supervision for the
medical condition associated with the furlough request or its
comorbidities.
(2) The report shall be made in a manner that does not
disclose any individual identifying information for any
particular inmate and shall be compliant in all respects with
the Health Insurance Portability and Accountability Act."
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the Health Insurance Portability and Accountability Act."
"§14-14-5
(a) An inmate, or any concerned person, including, but
not limited to, the inmate's attorney, family, physician, or
an employee or official of the department , may initiate
consideration apply for medical furlough by submitting to the
department an initial a medical release furlough application
form along with supporting documentation as required by the
department. The department shall provide an inmate with a copy
of all supporting documentation upon a request. Supporting
documentation shall include all of the following:
(1) Information concerning the inmate's medical
history, prognosis, and age.
(2) Medical authorization form.
(3)(b)(1) The initial application form shall include
the A report of a physician or physicians employed by the
department or its health care provider and a stating the
physician is of the opinion the inmate is eligible for medical
furlough pursuant to Section 14-14-4(b).
(4) A notarized report of at least one other duly
licensed physician who is board certified in the field of
medicine for which the inmate is seeking a medical furlough
and, who is not an employee of the department . These reports
shall each be, stating the physician is of the opinion that
the inmate is either terminally ill, permanently
incapacitated, or that the inmate suffers from a chronic
infirmity, illness, or disease related to aging eligible for
medical furlough pursuant to Section 14-14-4(b) .
(2)(b) The commissioner shall provide the initial
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(2)(b) The commissioner shall provide the initial
medical furlough application form and medical authorization
forms to all department medical care providers , and.
Additionally, the forms shall be available at every
correctional facility for distribution to inmates.
(c) Consideration for medical furlough shall be
initiated by the submission of an a medical furlough
application form, along with supporting documentation, to the
commissioner from the department, the inmate, or the inmate's
representative, along with the department's supporting
documentation to the commissioner .
(d) If the appropriate medical documentation pursuant
to subsection (b)(a) has indicated that the inmate is
permanently incapacitated or terminally ill eligible for
medical furlough , the commissioner, within 60 30 days of
receipt of an initial a completed medical furlough application
form, shall make a decision regarding the release of the
inmate on medical furlough pursuant to the provisions of this
chapter. The initial application form and supporting document
of inmates, who have been diagnosed by a physician as
suffering from a chronic illness or disease related to aging,
shall be submitted to the commissioner within 60 days of
receipt of the application by the department. Supporting
documentation shall include information concerning the
inmate's medical history and prognosis, age, and institutional
behavior. At the inmate's request, the department shall also
provide a copy of all supporting documentation to the inmate.
(e) In determining eligibility factors for a medical
furlough, the commissioner shall take into consideration all
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furlough, the commissioner shall take into consideration all
of the following factors:
(1) Risk for violence.
(2) Criminal history.
(3) Institutional behavior.
(4) Age of the inmate, currently and at the time of the
offense.
(5) Severity of the illness, disease, or infirmities.
(6) All available medical and mental health records.
(7) Release plans, which include alternatives to caring
for terminally ill or permanently incapacitated inmates in
traditional prison settings.
(f)(1) If the commissioner determines that a geriatric
inmate, permanently incapacitated inmate, or terminally ill
inmate meets the requirements for release to medical furlough
pursuant to this chapter, the commissioner shall release the
inmate on medical furlough pursuant to the provisions of this
chapter within 90 75 days of receipt by the commissioner of
the initial completed medical furlough application form and
supporting documentation.
(2) An inmate released on medical furlough may reside
in this state or another state contiguous to this state.
(g) The commissioner shall have the authority to
revoke the inmate's furlough pursuant to subsection (h) of
Section 14-14-4(i).
(g)(h) At least 30 days prior to release of a geriatric
inmate, permanently incapacitated inmate, or terminally ill an
inmate under subsection (f), the commissioner shall provide
notification of the medical furlough release to the district
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notification of the medical furlough release to the district
attorney of the jurisdiction where the inmate was last
sentenced and shall also provide notification of the medical
furlough release to the victim, victim's representative, and
other interested individual via certified mail, return receipt
requested, or by using the automated victim notification
system as provided in Section 15-22-36 and Section
15-22-36.2."
Section 3. This act shall become effective on October
1, 2025.
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