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 Engrossed 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.
Present law provides that no offender can be recommended for parole or medical treatment furlough
by the department until full consideration has been given to the offender's crime and criminal history,
length of time served in custody, institutional conduct, an indication that the offender represents a
low risk to himself or society, and a medical assessment of the offender's condition. Present law
further provides that in the risk assessment, emphasis must be given to the offender's medical
condition and how this relates to his overall risk to society.
Proposed law retains present law.
Proposed law provides that neither the Dept. of Public Safety and Corrections nor the warden of the
correctional facility can recommend that the offender's sentence be commuted for any medical
reasons contemplated by present law or proposed law.
Present law provides that the authority to grant medical parole or medical treatment furlough rests
solely with the committee on parole, and the committee is to establish additional conditions of the
parole or medical treatment furlough in accordance with the provisions of present law.
Proposed law retains present law.
Present law provides that the Dept. of Public Safety and Corrections is to identify those offenders
who may be eligible for medical parole or medical treatment furlough based upon available medical
information. Present law further provides that in considering an offender for medical parole or
medical treatment furlough, the committee may require that additional medical evidence be produced
or that additional medical examinations be conducted.
Proposed law retains present law.
Present law provides that the committee on parole must determine the risk to public safety and grant
medical parole or medical treatment furlough only after determining that the offender does not pose
a threat to public safety.
Proposed law retains present law.
Proposed law provides that an offender who is denied medical parole or medical treatment furlough
may apply for a rehearing within the time frame applicable to a denial of parole under any other
provision of present law.
Proposed law provides that within seven business days of the decision of the committee on parole
to grant medical parole or medical leave furlough to an offender, the department must notify any off-
site medical facility designated for an eligible offender's medical treatment of the decision.
Proposed law provides that the off-site medical facility must, not less than 14 days before the offender begins treatment at the facility, provide notice to its patients or residents that the offender
will be receiving treatment that facility.
Proposed law provides that the off-site medical facility must, not less than 14 days before the
offender begins treatment at the facility, provide notice that the offender will be receiving treatment
at that facility to each patient's or resident's next of kin, curator, tutor, or person having power of
attorney for the patient or resident.
Effective August 1, 2018.
(Amends R.S. 15:574.20(A), (C)(1)(a), (D), and (E); adds R.S. 15:574.20(C)(4))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Add provision that neither DPSC nor the warden of the correctional facility can
recommend that the offender's sentence be commuted for any medical reasons
contemplated by present law or proposed law.
2. Add provisions relative to applying for a medical parole or medical treatment
furlough rehearing.
3. Add provisions relative to giving notice of the granting of medical parole or a
medical treatment furlough to an off-site medical facility designated for an offender's
treatment.
4. Add provisions relative to giving notice of the granting of medical parole or a
medical treatment furlough to patients or residents of an off-site medical facility
designated for an offender's treatment.