HB 2229
Initials NM Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2229: executive clemency; medical confinement release
Sponsor: Representative Hendrix, LD 14
Committee on Judiciary
Overview
Establishes a process allowing the Arizona Board of Executive Clemency (Board) to grant
medical confinement release to certain prisoners held by the Department of Corrections
(DOC).
History
The Board is responsible for granting parole to eligible inmates incarcerated with DOC,
deciding whether to revoke parole or community supervision if offenders violate the terms of
their release, and recommending clemency actions to the Governor (A.R.S. Title 31, Chapter
3).
Provisions
1. Permits the Board to release a prisoner on medical confinement if he has been examined
by a physician and the physician gives a diagnosis that the prisoner:
a) has an incurable and debilitating physical, mental or cognitive condition that
substantially diminishes the prisoner’s ability to care for himself within a correctional
facility;
b) has an incurable and extraordinary medical circumstance requiring treatment that
cannot be adequately addressed in a correctional facility;
c) has a terminal illness with an end-of-life trajectory of one year or less; or
d) is 75 years of age or older and is in irreversible deteriorating health due to advancing
age. (Sec. 1)
2. Instructs the director of DOC to review the diagnosis and provide input to the Board
before the Board grants medical confinement. (Sec. 1)
3. Prohibits the Board from granting medical confinement unless all the following apply:
a) there is not a substantial probability the prisoner will violate the law if released;
b) the release is medically appropriate;
c) the release is cost-effective for the state; and
d) the release serves the prisoner’s well-being and dignity. (Sec. 1)
4. Instructs DOC to prepare a medical confinement plan that ensures appropriate
supervision, assistance and placement for any prisoner released on medical confinement.
(Sec. 1)
5. Directs the Board to inform the prisoner of any sanctions for violating conditions of
release. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2229
Initials NM Page 2 Judiciary
6. Requires the Board to impose the following conditions:
a) determination of the prisoner’s placement, supervision and care;
b) periodic medical evaluations of the prisoner; and
c) reporting requirements, from the prisoner to the Board. (Sec. 1)
7. Allows a prisoner or interested party to apply for medical confinement by applying to
DOC; the application must include notice that the prisoner’s medical records may become
a public record. (Sec. 1)
8. Outlines timelines for DOC to process an application for medical confinement, including
requesting a physician's evaluation within 10 days after receiving an application. (Sec. 1)
9. Directs the examining physician, if the prisoner is found eligible, to prepare a clinical
summary of the health status and prognosis, which is to be sent to the Board. (Sec. 1)
10. Requires the Board to hold a hearing on the prisoner's medical confinement within 28
days after being notified that the prisoner is eligible. (Sec. 1)
11. Instructs the Board to ensure the evaluating physician is available to provide testimony.
(Sec. 1)
12. Instructs the Board to seal the prisoner’s medical records. (Sec. 1)
13. Outlines voting procedures for the Board to grant medical confinement. (Sec. 1)
14. Directs the Board to notify the applicant of the Board's decision; if the Board denies
medical confinement, it must provide the reasons for denial. (Sec. 1)
15. Permits, if an application is denied, the applicant to request reconsideration within 24
months of the denial if new information relevant to the prisoner’s eligibility comes to light.
(Sec. 1)