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Regular Session, 2014
HOUSE BILL NO. 210
BY REPRESENTATIVE JEFFERSON AND SENATOR WALSWORTH
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 with3
respect to a risk assessment of an inmate prior to recommendation for medical4
parole; and to provide for 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
(1) "Permanently incapacitated disabled inmate" which shall mean means22
any person who, by reason of an existing physical or medical condition, is so23
permanently and irreversibly physically incapacitated that he does not constitute a24 ENROLLEDHB NO. 210
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danger to himself or to society is unable to engage in any substantial gainful activity1
by reason of any medically determinable physical impairment which can be expected2
to result in death or which is or can be expected to be permanently irreversible; or.3
(2) "Terminally ill inmate" which shall mean means any person inmate who,4
because of an existing medical condition, is irreversibly terminally ill , and who by5
reason of the condition does not constitute a danger to himself or to society. For the6
purposes of this Section, "terminally ill" is defined as having a life expectancy of less7
than one year due to an underlying medical condition.8
C. No inmate shall be recommended for medical parole by the department9
until full consideration has been given to the inmate's crime and criminal history,10
length of time served in custody, institutional conduct, an indication that the inmate11
represents a low risk to himself or society, and a medical assessment of the inmate's12
condition. In the assessment of risk, emphasis shall be given to the inmate's medical13
condition and how this relates to his overall risk to society.14
C.D. The authority to grant medical parole shall rest solely with the15
committee on parole, and the committee shall establish additional conditions of the16
parole in accordance with the provisions of this Subpart. The Department of Public17
Safety and Corrections shall identify those inmates who may be eligible for medical18
parole based upon available medical information. In considering an inmate for19
medical parole, the committee may require that additional medical evidence be20
produced or that additional medical examinations be conducted. The committee on21
parole shall determine the risk to public safety and shall grant medical parole only22
after determining that the inmate does not pose a threat to public safety.23
D.E. The parole term of an inmate released on medical parole shall be for the24
remainder of the inmate's sentence, without diminution of sentence for good25
behavior. Supervision of the parolee shall consist of periodic medical evaluations26
at intervals to be determined by the committee at the time of release.27
E.F. If it is discovered through the supervision of the medical parolee that28
his condition has improved such that he would not then be eligible for medical parole29
under the provisions of this Subpart, the committee may order that the person be30 ENROLLEDHB NO. 210
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returned to the custody of the Department of Public Safety and Corrections to await1
a hearing to determine whether his parole shall be revoked. Any person whose2
medical parole is revoked due to an improvement in his condition shall resume3
serving the balance of his sentence with credit given for the duration of the medical4
parole. If the person's medical parole is revoked due to an improvement in his5
condition, and he would be otherwise eligible for parole, he may then be considered6
for parole under the provisions of R.S. 15:574.4. Medical parole may also be7
revoked for violation of any condition of the parole as established by the committee8
on parole.9
F.G. The committee on parole shall promulgate such rules as are necessary10
to effectuate this Subpart, including rules relative to the conduct of medical parole11
hearings, and the conditions of medical parole release.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: