Louisiana 2014 2014 Regular Session

Louisiana House Bill HB210 Introduced / Bill

                    HLS 14RS-285	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 210
BY REPRESENTATIVE JEFFERSON
PAROLE:  Amends eligibility criteria for medical parole
AN ACT1
To amend and reenact R.S. 15:574.20(A)(1) and (B), relative to medical parole; to amend2
certain eligibility requirements for medical parole; to amend certain definitions; and3
to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:574.20(A)(1) and (B) are hereby amended and reenacted to read6
as follows:7
ยง574.20.  Medical parole program; eligibility; revocation8
A.(1) Notwithstanding the provisions of this Part or any other law to the9
contrary, any person sentenced to the custody of the Department of Public Safety and10
Corrections may, upon referral by the department, be considered for medical parole11
by the committee on parole. Medical parole consideration shall be in addition to any12
other parole for which an inmate may be eligible, but shall not be available to any13
inmate who is awaiting execution or who has a contagious disease.14
*          *          *15
B. The committee on parole shall establish the medical parole program to be16
administered by the Department of Public Safety and Corrections.  An inmate17
eligible for consideration for release under the program shall be any person who,18
because of an existing medical, or physical, or mental condition, is determined by19
the department to be within one of the following designations:20
(1) "Permanently incapacitated disabled inmate" which shall mean means21
any person who, by reason of an existing physical or medical condition, is so22 HLS 14RS-285	ORIGINAL
HB NO. 210
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
permanently and irreversibly physically incapacitated that he does not constitute a1
danger to himself or to society is unable to engage in any substantial gainful activity2
by reason of any medically determinable physical or mental impairment which can3
be expected to result in death or which has or can be expected to have a duration of4
a continuous period of not less than twelve months; or5
(2) "Terminally ill inmate" which shall mean means any person inmate who,6
because of an existing medical condition, is irreversibly terminally ill	, and who by7
reason of the condition does not constitute a danger to himself or to society.  For the8
purposes of this Section, "terminally ill" is defined as a life expectancy of less than9
one year due to an underlying medical condition.10
*          *          *11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Jefferson	HB No. 210
Abstract: Provides changes regarding the eligibility for medical parole.
Present law provides that the decision to grant medical parole rests solely with the
committee on parole.
Proposed law retains present law.
Present law provides that any inmate, except when incarcerated for first or second degree
murder, may be considered by the committee on parole for medical parole unless the inmate
is sentenced to death or has a contagious disease.
Proposed law removes the disqualification of having a contagious disease from eligibility
for consideration of medical parole.
Present law contains criteria for consideration involving inmates who are permanently
incapacitated or terminally ill. Both of the criteria contain the element that the inmate
because of his condition does not constitute a danger to himself or others.
Proposed law removes the "danger to himself or others" element from the definition of
"permanently disabled inmate" and "terminally ill inmate".
Proposed law adds the definition of "terminally ill" to mean a life expectancy of less than
one year due to an underlying medical condition. 
(Amends R.S. 15:574.20(A)(1) and (B))