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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, relative to medical parole; to amend certain eligibility2
requirements for medical parole; to amend certain definitions; to provide with respect to a3
risk assessment of an inmate prior to recommendation for medical parole; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:574.20 is hereby amended and reenacted to read 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
(2) Medical parole shall not be available to any inmate serving time for the15
violation of R.S. 14:30, first degree murder; or R.S. 14:30.1, second degree murder.16
B. The committee on parole shall establish the medical parole program to be17
administered by the Department of Public Safety and Corrections. An inmate18
eligible for consideration for release under the program shall be any person who,19
because of an existing medical or physical condition, is determined by the20
department to be within one of the following designations:21 HLS 14RS-285 REENGROSSED
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(1) "Permanently incapacitated disabled inmate" which shall mean means1
any person who, by reason of an existing physical or medical condition, is so2
permanently and irreversibly physically incapacitated that he does not constitute a3
danger to himself or to society is unable to engage in any substantial gainful activity4
by reason of any medically determinable physical impairment which can be expected5
to result in death or which has or can be expected to have a duration of a continuous6
period of not less than twelve months; or .7
(2) "Terminally ill inmate" which shall mean means any person inmate who,8
because of an existing medical condition, is irreversibly terminally ill, and who by9
reason of the condition does not constitute a danger to himself or to society. For the10
purposes of this Section, "terminally ill" is defined as having a life expectancy of less11
than one year due to an underlying medical condition.12
C. No inmate shall be recommended for medical parole by the department13
until full consideration has been given to the inmate's crime and criminal history,14
length of time served in custody, institutional conduct, an indication that the inmate15
represents a low risk to himself or society, and a medical assessment of the inmate's16
condition. In the assessment of risk, emphasis shall be given to the inmate's medical17
condition and how this relates to his overall risk to society.18
C.D. The authority to grant medical parole shall rest solely with the19
committee on parole, and the committee shall establish additional conditions of the20
parole in accordance with the provisions of this Subpart. The Department of Public21
Safety and Corrections shall identify those inmates who may be eligible for medical22
parole based upon available medical information. In considering an inmate for23
medical parole, the committee may require that additional medical evidence be24
produced or that additional medical examinations be conducted. The committee on25
parole shall determine the risk to public safety and shall grant medical parole only26
after determining that the inmate does not pose a threat to public safety.27
D.E. The parole term of an inmate released on medical parole shall be for the28
remainder of the inmate's sentence, without diminution of sentence for good29 HLS 14RS-285 REENGROSSED
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behavior. Supervision of the parolee shall consist of periodic medical evaluations1
at intervals to be determined by the committee at the time of release.2
E.F. If it is discovered through the supervision of the medical parolee that3
his condition has improved such that he would not then be eligible for medical parole4
under the provisions of this Subpart, the committee may order that the person be5
returned to the custody of the Department of Public Safety and Corrections to await6
a hearing to determine whether his parole shall be revoked. Any person whose7
medical parole is revoked due to an improvement in his condition shall resume8
serving the balance of his sentence with credit given for the duration of the medical9
parole. If the person's medical parole is revoked due to an improvement in his10
condition, and he would be otherwise eligible for parole, he may then be considered11
for parole under the provisions of R.S. 15:574.4. Medical parole may also be12
revoked for violation of any condition of the parole as established by the committee13
on parole.14
F.G. The committee on parole shall promulgate such rules as are necessary15
to effectuate this Subpart, including rules relative to the conduct of medical parole16
hearings, and the conditions of medical parole release.17
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. HLS 14RS-285 REENGROSSED
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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.
Proposed law provides that no inmate shall be recommended for medical parole by the
department until full consideration has been given to the inmate's crime and criminal history,
length of time served in custody, institutional conduct, an indication that the inmate
represents a low risk to himself or society and a medical assessment of the inmate's
condition. In the assessment of risk, emphasis shall be given to the inmate's medical
condition and how this relates to his overall risk to society.
Proposed law provides that the committee on parole shall determine the risk to public safety
and shall grant medical parole only after determining the inmate does not pose a threat to
public safety.
(Amends R.S. 15:574.20)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added provisions requiring a determination of the risk to society the release of
an inmate poses prior to release on medical parole.
2. Added provision that the committee on parole shall not recommend medical
parole until it determines that the inmate does not pose a risk to society.
3. Deleted proposed law provisions regarding mental impairment.