The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 458 Original 2018 Regular Session Gatti
Present law provides that any person sentenced to the custody of the Dept. of Public Safety and
Corrections may, upon referral by the department, be considered for medical parole or medical
treatment furlough by the committee on parole. Present law further provides that consideration for
medical parole or medical treatment furlough pursuant to present law is in addition to any other
parole for which an inmate may be eligible.
Proposed law retains present law.
Present law provides that an offender who is determined by the department to be within one of the
following designations is eligible for medical parole:
(1) "Permanently disabled offender", which means any offender who is unable to engage in any
substantial gainful activity by reason of any medically determinable physical impairment
which can be expected to result in death or which is or can be expected to be permanently
irreversible.
(2)"Terminally ill offender", which means any offender who, because of an existing medical
condition, is irreversibly "terminally ill" (i.e., having a life expectancy of less than one year
due to an underlying medical condition).
Proposed law retains present law.
Present law provides that medical parole is not available to any offender serving a sentence for a
conviction of first degree murder or second degree murder, or an offender who is awaiting execution.
Proposed law retains present law.
Present law provides that an offender is eligible for a medical treatment furlough if the offender is
ineligible for medical parole but is determined by the department to be a limited-mobility offender.
Present law defines a "limited-mobility offender" as an offender who is unable to perform the
activities of daily living without help, or who is bedbound, including prolonged coma and medical
ventilation.
Proposed law retains present law.
Present law provides that a medical treatment furlough is not available to any offender who is
awaiting execution. Proposed law retains present law and adds that a medical treatment furlough is not available to any
offender serving a sentence for a conviction of first degree murder or second degree murder.
Effective August 1, 2018.
(Amends R.S. 15:574.20(A) and (C)(1)(a); adds R.S. 15:574.20(C)(4))