House Study Bill 314 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON NORDMAN) A BILL FOR An Act establishing a medical release program for certain 1 persons committed to the custody of the department of 2 corrections. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2789YC (1) 91 as/js
H.F. _____ Section 1. NEW SECTION . 906.20 Medical release. 1 1. For purposes of this section: 2 a. Board means the board of parole. 3 b. Department means the department of corrections. 4 c. Incapacitated means a person who is physically or 5 mentally impaired to such a degree that the person is unable to 6 perform activities of daily living or requires skilled nursing, 7 hospice, or home health care. 8 d. Medical release means the board-authorized release from 9 a facility under the control of the department of corrections 10 of a person committed to the custody of the director of the 11 department who has been diagnosed with a terminal illness, a 12 serious medical condition, or who is physically or mentally 13 incapacitated. 14 e. Serious medical condition means a disease with an 15 indeterminate prognosis but that is considered end-stage, or 16 the person is incapacitated. 17 f. Terminal illness means a disease or condition with a 18 prognosis of death within one year. 19 2. Notwithstanding any other provision of law to the 20 contrary, a person committed to the custody of the director of 21 the department may be eligible for medical release if either 22 of the following apply: 23 a. A licensed medical professional diagnoses the person with 24 a terminal illness with a prognosis of death within one year, 25 or a serious medical condition. 26 b. A licensed medical professional determines that the 27 person is physically or mentally incapacitated. 28 3. The department shall perform an updated risk assessment 29 on a person found to meet the requirements of subsection 2 that 30 evaluates the persons risk of reoffending. 31 4. The department may identify a person eligible for medical 32 release and file a petition requesting a medical review by the 33 board. 34 5. A petition filed under subsection 4 shall include all of 35 -1- LSB 2789YC (1) 91 as/js 1/ 5
H.F. _____ the following: 1 a. Medical documentation of a diagnosis of a terminal 2 illness, a serious medical condition, or physical or mental 3 incapacitation. 4 b. A statement from a licensed medical professional 5 regarding the persons diagnosis, prognosis, and required level 6 of care. 7 c. Any relevant information concerning the persons behavior 8 and risk assessment. 9 6. Upon receipt of a petition filed under subsection 4, the 10 board shall do the following: 11 a. Review the petition and all submitted documentation. 12 b. Provide notice of the petition for medical review to 13 all victims of the person. The notice shall inform a victim, 14 as defined in section 915.10, of the right to submit a victim 15 impact statement to the board within fourteen days of receipt 16 of the notice. 17 7. a. All persons identified by the department for 18 potential medical release shall be interviewed by the board. 19 b. If the persons condition is such that the person 20 is unable to meaningfully participate in an interview, the 21 persons case manager or other representative of the department 22 shall be present and shall answer board questions related to 23 the persons medical condition. 24 8. The board shall make a decision within forty-five days 25 of receiving the petition. The decision shall be based on all 26 of the following: 27 a. The medical condition and prognosis of the person. 28 b. The nature of the offense committed by the person. 29 c. The risk assessment. 30 d. Any other factors the board considers when making a 31 parole release decision. 32 9. All hearings on petitions for medical release are open 33 to the public. 34 10. If the petition is approved by the board, the person 35 -2- LSB 2789YC (1) 91 as/js 2/ 5
H.F. _____ shall be released to a suitable care facility or home setting, 1 provided that appropriate supervision and support are 2 available. 3 11. A released person shall be supervised under a release 4 plan that includes the following: 5 a. Medical care and support services. 6 b. Regular check-ins with a designated supervisory officer. 7 c. Any other conditions deemed necessary for the well-being 8 of the person and to ensure public safety. 9 12. a. The board shall maintain the records of all 10 petitions and decisions regarding medical release. 11 b. The board shall submit an annual report by December 12 15, 2026, and each year thereafter, to the general assembly 13 detailing the number of petitions received in the previous 14 twelve-month period, the number of persons released, and the 15 outcomes and status of the released persons. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanations substance by the members of the general assembly. 19 This bill establishes a medical release program for 20 certain persons committed to the custody of the department of 21 corrections (department). 22 The bill provides that a person committed to the custody 23 of the director of the department may be eligible for medical 24 release if a licensed medical professional diagnoses the person 25 with a terminal illness with a prognosis of death within one 26 year or with a serious medical condition, or determines that 27 the person is physically or mentally incapacitated. 28 The bill provides that the department may identify a person 29 eligible for medical release and file a petition requesting a 30 medical review by the board of parole (board). The department 31 shall perform an updated risk assessment on a person found to 32 meet the requirements for a medical release that evaluates the 33 persons risk of reoffending. 34 A petition for medical release shall include all of 35 -3- LSB 2789YC (1) 91 as/js 3/ 5
H.F. _____ the following: medical documentation of a diagnosis of a 1 terminal illness, a serious medical condition, or physical or 2 mental incapacitation; a statement from a licensed medical 3 professional regarding the persons diagnosis, prognosis, and 4 required level of care; and any relevant information concerning 5 the persons behavior and risk assessment. 6 Upon receipt of a petition, the board shall review the 7 petition and all submitted documentation, and provide notice of 8 the petition for medical review to all victims of the person. 9 The notice shall inform a victim of the right to submit a 10 victim impact statement to the board within 14 days of receipt 11 of the notice. 12 The bill provides that all persons identified by the 13 department for potential medical release shall be interviewed 14 by the board. If the persons condition is such that the 15 person is unable to meaningfully participate in an interview, 16 the persons case manager or other representative of the 17 department shall be present. 18 Within 45 days of receiving the petition, the board shall 19 make a decision based on all of the following: the medical 20 condition and prognosis of the person; the nature of the 21 offense committed by the person; the risk assessment; and any 22 other factors the board considers when making a parole release 23 decision. All hearings on petitions for medical release are 24 open to the public. 25 If the petition is approved by the board, the person shall 26 be released to a suitable care facility or home setting. A 27 released person must be supervised under a release plan that 28 includes the following: medical care and support services; 29 regular check-ins with a designated supervisory officer; and 30 any other conditions necessary for the well-being of the person 31 and to ensure public safety. 32 The bill provides that the board shall maintain the records 33 of all petitions and decisions regarding medical release, and 34 must submit an annual report to the general assembly detailing 35 -4- LSB 2789YC (1) 91 as/js 4/ 5
H.F. _____ the number of petitions received, the number of persons 1 released, and the outcomes and status of the released persons. 2 -5- LSB 2789YC (1) 91 as/js 5/ 5