RÉSUMÉ DIGEST
ACT 573 (SB 458) 2018 Regular Session Gatti
Prior law provided that any person sentenced to the custody of the Department of Public
Safety and Corrections (DPS&C) may, upon referral by the department, be considered for
medical parole or medical treatment furlough by the committee on parole. Further provided
that consideration for medical parole or medical treatment furlough pursuant to prior law is
in addition to any other parole for which an inmate may be eligible. New law retains prior
law.
Prior law provided 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).
New law retains prior law.
Prior law provided 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. New law retains prior law.
Prior law provided 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. Further defined 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. New law retains prior law.
Prior law provided that a medical treatment furlough is not available to any offender who is
awaiting execution.
New law retains prior law and adds that a medical treatment furlough is not available to any
offender serving a sentence for a conviction of first degree.
Prior law provided 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. Further provided 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.
New law retains prior law.
New law provides that neither the DPS&C nor the warden of the correctional facility can
recommend that the offender's sentence be commuted for any medical reasons contemplated
by prior law or new law.
Prior law provided 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
prior law. New law retains prior law.
Prior law provided that the DPS&C is to identify those offenders who may be eligible for
medical parole or medical treatment furlough based upon available medical information.
Further provided 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. New law retains prior law. Prior law required that the committee on parole 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.
New law retains these provisions but provides that the committee make its determination
only after the offender, as a condition of medical parole or medical treatment furlough,
waives his right to medical confidentiality and privacy as to notice requirements in new law.
New 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 prior law.
New law provides that within seven business days of the decision of the committee on parole
to grant medical parole or medical treatment furlough to an offender, the department must
notify any off-site medical facility designated for an eligible offender's medical treatment of
the decision.
New 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 in that facility.
New 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))