Establishes the medical furlough program. (8/1/17) (OR SEE FISC NOTE GF EX)
If enacted, SB 169 would modify existing laws concerning the treatment of offenders with severe medical conditions. It allows for the possibility of furlough for these individuals, contingent on securing appropriate healthcare placements, such as in hospitals or nursing homes, emphasizing the state's duty to consider health-related aspects when managing offenders who may not pose a threat to public safety. The bill retains current laws regarding eligibility and assessment, ensuring comprehensive evaluations are conducted before granting furloughs, thus maintaining a focus on community safety and accountability within the corrections system.
Senate Bill 169, also known as the medical furlough program, aims to provide a new avenue for the release of certain offenders who are medically compromised and ineligible for medical parole. The bill defines two main categories of offenders eligible for furlough: 'limited mobility offenders', who require assistance for daily activities, and 'terminally ill offenders', whose life expectancy is limited due to medical conditions. This program is designed to offer a measure of compassion by allowing these individuals to access necessary medical care outside of the prison system while still being monitored by the Department of Public Safety and Corrections (DPSC).
The sentiment surrounding SB 169 has garnered support from various advocacy groups who see it as a step towards humane treatment of seriously ill offenders. Proponents argue that it recognizes the dignity of individuals suffering from debilitating conditions, aligning state practices with a more compassionate and rehabilitative approach. However, there are concerns raised by some legislators and community members regarding potential risks to public safety, especially if offenders with serious criminal backgrounds are considered for this program. This tension highlights a broader debate about the balance between compassion and safety in the criminal justice system.
Controversially, the bill does not permit furloughs for offenders who are awaiting execution or those convicted of serious violent crimes, such as first or second degree murder, in order to mitigate concerns over public safety. The requirement for thorough evaluations concerning both medical need and public safety risk is necessary to avoid any misuse of the program. Critics argue that any form of release for certain offender categories is a slippery slope that could lead to future challenges regarding the types of offenders included in the furlough program.