HLS 22RS-854 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 728
BY REPRESENTATIVE DUPLESSIS
PAROLE: Provides relative to medical parole
1 AN ACT
2To amend and reenact R.S. 15.574.4(A)(4) and 15:574.20, relative to medical parole; to
3 provide relative to parole eligibility requirements; to provide relative to medical
4 release; to provide relative to the establishment of referral process; to provide
5 relative to notice requirements; to provide for the establishment of the committee on
6 medical release; to provide for definitions; to provide relative to the authority of the
7 Department of Public Safety and Corrections; to provide relative to committee
8 hearings; to provide relative to the collection of data; and to provide for related
9 matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 15.574.4(A)(4) and 15:574.20 are hereby amended and reenacted to
12read as follows:
13 §574.4. Parole; eligibility; juvenile offenders
14 A.(1)(a) Unless eligible at an earlier date, a person otherwise eligible for
15 parole shall be eligible for parole consideration upon serving twenty-five percent of
16 the sentence imposed. The provisions of this Subparagraph shall not apply to any
17 person whose instant offense is a crime of violence as defined in R.S. 14:2(B), a sex
18 offense as defined in R.S. 15:541, or any offense which would constitute a crime of
19 violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541,
20 regardless of the date of conviction. Notwithstanding any provisions of law to the
21 contrary, the provisions of this Subparagraph shall be applicable to persons convicted
22 of offenses prior to and on or after November 1, 2017.
23 * * *
Page 1 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
1 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection or any
2 other law to the contrary, unless eligible for parole at an earlier date, a person
3 committed to the Department of Public Safety and Corrections for a term or terms
4 of imprisonment with or without benefit of parole for thirty years or more shall be
5 eligible for parole consideration upon serving at least twenty years of the term or
6 terms of imprisonment in actual custody and upon reaching the age of forty-five.
7 This provision shall not apply to a person serving a life sentence unless the sentence
8 has been commuted to a fixed term of years. The provisions of this Paragraph shall
9 not apply to any person who has been convicted of a crime of violence as defined in
10 R.S. 14:2(B) or a sex offense as defined in R.S. 15:541 when the offense was
11 committed on or after August 1, 2014.
12 * * *
13 (4) Notwithstanding any other provision of law to the contrary, unless
14 eligible for parole at an earlier date, a person committed to the Department of Public
15 Safety and Corrections for a term or terms of imprisonment with or without benefit
16 of parole who has served at least ten years of the term or terms of imprisonment in
17 actual custody shall be eligible for parole consideration upon reaching the age of
18 sixty fifty-five years if all of the following conditions are met:
19 (a) The offender has not been convicted of a crime of violence as defined in
20 R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, or convicted of an offense
21 which would constitute a crime of violence as defined in R.S. 14:2(B) or a sex
22 offense as defined in R.S. 15:541, regardless of the date of conviction.
23 * * *
24 §574.20. Medical parole release program; medical treatment furlough; eligibility;
25 revocation
26 A.(1) Notwithstanding the provisions of this Part or any other law to the
27 contrary, and except as provided in this Section, any person sentenced to the custody
28 of the Department of Public Safety and Corrections may, upon referral by the
29 department, be considered for medical parole release or medical treatment furlough
Page 2 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
1 by the committee on parole medical release. A person may refer himself to the
2 department for consideration, or may have an attorney, family member, treating
3 physician, parole board member, or other patient advocate submit a referral.
4 Consideration for medical parole or medical treatment furlough release pursuant to
5 the provisions of this Section shall be in addition to any other parole for which an
6 inmate may be eligible.
7 (a) The Department of Public Safety and Corrections shall work with the
8 Louisiana Department of Health to establish a referral process that can be initiated
9 by community healthcare providers at all hospitals or facilities that the Department
10 of Public Safety and Corrections and Louisiana Department of Health contract with.
11 This system shall be incorporated into a correctional health electronic records system
12 that is compatible with major hospitals and health providers outside the correctional
13 institutions and other electronic health records systems, and hospital staff shall be
14 trained on the eligibility and application procedure for medical release no later than
15 January 1, 2023.
16 (b) The Department of Public Safety and Corrections shall establish a
17 standardized process for other referrals. The department shall create a resource
18 explaining the processes of medical release, eligibility criteria, and how to initiate
19 an application. This resource shall be made readily available, including on the
20 department website, law libraries, and handbooks. Applications shall be accepted
21 by mail, fax, or electronically. The department shall provide information and
22 applications to all correctional medical care providers and make the information and
23 applications available to incarcerated patients when they enter medical care units.
24 This process shall be established no later than January 1, 2023.
25 (c) Once the initiation of the consideration process for medical release has
26 begun, a notice shall be sent from the Department of Public Safety and Corrections
27 to the Louisiana Department of Health, the Medicaid Pre-release Enrollment
28 Program, and any other community partners designated by the Louisiana Department
29 of Health.
Page 3 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
1 B.(1) The By January 1, 2023, the committee on parole medical release shall
2 establish the medical parole release program to be administered by the Department
3 of Public Safety and Corrections. An offender eligible for consideration for release
4 under the program shall be any offender who, because of an existing medical or
5 physical condition, is determined by the department to be within one of the following
6 designations:
7 (a) "Permanently Completely disabled offender" means any offender who
8 cannot care for himself on his own or is confined to a bed or chair without assistance
9 is unable to engage in any substantial gainful activity by reason of any medically
10 determinable physical impairment which can be expected to result in death or which
11 is or can be expected to be permanently irreversible.
12 (b) "Terminally ill offender" means any offender who, because of an existing
13 medical condition, is irreversibly terminally ill. For the purposes of this Section,
14 "terminally ill" is defined as having a life expectancy of less than one year due to an
15 underlying medical condition. "Dementia patient" means any offender who has been
16 diagnosed with dementia, including Alzheimer's disease.
17 (c) "Irreversibly ill" means having an underlying medical condition that
18 cannot be cured and will cause death, or requires imminent hospice care. These
19 conditions shall include, but not be limited to, cancer, heart failure, liver disease,
20 stroke, and lung disease.
21 (d) "Irreversibly ill offender" means any offender who, because of an
22 existing medical condition, is irreversibly ill.
23 (e) "Limited-mobility offender" means any offender who is capable of only
24 limited self-care or confined to a bed or chair more than fifty percent of waking
25 hours.
26 (2) Medical parole shall not be available to any offender serving a sentence
27 for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.
28 14:30.1) or an offender who is awaiting execution.
Page 4 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
1 C.(1)(a) The committee on parole shall establish the medical treatment
2 furlough program to be administered by the Department of Public Safety and
3 Corrections for the purpose of utilizing off-site medical facilities for an eligible
4 offender's medical treatment. The committee on medical release shall be established.
5 It shall be comprised of five individuals appointed by the governor to consider
6 medical release and may be comprised of members of both the pardon and parole
7 board and community physicians with experience treating Medicaid-eligible
8 populations. This committee shall be established no later than January 1, 2023, and
9 shall meet at least once a month to consider pending applications for medical release.
10 (b) For purposes of this Section, "off-site medical facility" means an acute
11 care hospital, nursing home, or other licensed medical facility which complies with
12 all state and federal laws and regulations and is appropriate to meet the offender's
13 medical and treatment needs.
14 (2)(a) An offender eligible for consideration for release under the medical
15 treatment furlough program shall be any offender who is ineligible for release on
16 medical parole pursuant to Subsection B of this Section and is determined by the
17 department to be a limited-mobility offender.
18 (b) For the purposes of this Section, "limited-mobility offender" means any
19 offender who is unable to perform activities of daily living without help or is
20 bedbound, including but not limited to prolonged coma and medical ventilation.
21 (3) Notwithstanding any provision of law to the contrary, the committee on
22 parole may authorize the release of an eligible offender on medical treatment
23 furlough when all of the following conditions are met:
24 (a) Placement is secured in an acute care hospital, nursing home, or other
25 appropriate medical facility able to meet the offender's medical and treatment needs.
26 (b) All monitoring, security, and supervision requirements that the
27 committee deems necessary are secured by the division of probation and parole.
28 (c) The committee determines that the offender does not present a substantial
29 flight risk.
Page 5 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
1 (4) A medical treatment furlough shall not be available to any offender
2 serving a sentence for a conviction of first degree murder (R.S. 14:30) or an offender
3 who is awaiting execution.
4 D.(1) No offender shall be recommended for parole or medical treatment
5 furlough medical release pursuant to this Section by the department until full
6 consideration has been given to the offender's age, mobility, quality of life,
7 progression of disease or disability, reentry support, crime and criminal history,
8 length of time served in custody, institutional conduct, an indication that the offender
9 represents a low risk to himself or society, and a medical assessment of the offender's
10 condition. In the assessment of risk, emphasis shall be given to the offender's
11 medical condition and how this relates to his overall risk to society. If a person's
12 medical condition qualifies him for medical release, there shall be a presumption he
13 will not be a risk to society unless otherwise rebutted with evidence from the past
14 five years.
15 (2) Neither the department nor the warden of the correctional facility shall
16 recommend that the offender's sentence be commuted for any medical reasons
17 contemplated by this Section.
18 E.(1) The authority to grant medical parole or medical treatment furlough
19 release pursuant to this Section shall rest solely with the committee on parole
20 medical release, and the committee shall establish additional conditions of the parole
21 or medical treatment furlough release in accordance with the provisions of this
22 Subpart. The provisions of this Subsection shall not affect the authority of the
23 secretary of the Department of Public Safety and Corrections as well as the
24 Governor's Office to grant compassionate release.
25 (2) The Department of Public Safety and Corrections shall identify those
26 offenders who may be eligible for medical parole or medical treatment furlough
27 release based upon available medical information on a monthly basis. In considering
28 an offender for medical parole or medical treatment furlough release, the committee
Page 6 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
1 may require that additional medical evidence be produced or that additional medical
2 examinations be conducted.
3 (3) The committee on parole medical release shall determine the risk to
4 public safety and shall grant medical parole or medical treatment furlough only
5 release after determining that the offender does not pose a threat to public safety and
6 only after the offender, as a condition of the medical parole or medical treatment
7 furlough medical release, waives his right to medical confidentiality and privacy as
8 to the notice requirements in Paragraph (5) of this Subsection. If a person's medical
9 condition qualifies them for medical release, there shall be a presumption he will not
10 be a risk to society unless otherwise rebutted with evidence from the past five years.
11 (4) An offender who is denied medical parole release or medical treatment
12 furlough whose medical release is revoked may apply for a rehearing to be scheduled
13 within thirty days. within the time frame applicable to a denial of parole under any
14 other provision of this Part.
15 (5)(a) Within seven business days of the decision of the committee on parole
16 to grant medical parole or medical treatment furlough release to an offender, the
17 department shall notify through Medicaid any off-site medical facility designated for
18 an eligible offender's medical treatment of the decision.
19 (b) The off-site medical facility shall, not less than fourteen five days before
20 the offender begins treatment at the facility, provide notice to its patients or residents
21 that the offender will be receiving treatment at that facility.
22 (c) The off-site medical facility shall, not less than fourteen five days before
23 the offender begins treatment at the facility, provide notice that the offender will be
24 receiving treatment at that facility to each patient's or resident's next of kin, curator,
25 tutor, or person having power of attorney for the patient or resident.
26 F. The parole term of an offender released on medical parole or medical
27 treatment furlough release shall be for the remainder of the offender's sentence,
28 without diminution of sentence for good behavior. Supervision of the offender shall
29 consist of periodic medical evaluations at intervals to be determined by the
Page 7 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
1 committee at the time of release. Release of protected health information to the
2 Department of Public Safety and Corrections or the committee on parole shall be in
3 accordance with all state and federal laws and regulations.
4 G. If it is discovered through the supervision of the offender released on
5 medical parole or medical treatment furlough that his condition has improved such
6 that he would not then be eligible for medical parole or medical treatment furlough
7 under the provisions of this Subpart, the committee may order that the offender be
8 returned to the custody of the Department of Public Safety and Corrections to await
9 a hearing to determine whether his parole or medical treatment furlough shall be
10 revoked. Any offender whose medical parole or medical treatment furlough is
11 revoked due to an improvement in his condition shall resume serving the balance of
12 his sentence with credit given for the duration of the medical parole or medical
13 treatment furlough. If the offender's medical parole or medical treatment furlough
14 is revoked due to an improvement in his condition, and he would be otherwise
15 eligible for parole, he may then be considered for parole under the provisions of R.S.
16 15:574.4. Medical parole and medical treatment furlough may also be revoked for
17 violation of any condition of the parole as established by the committee on parole.
18 H. The committee on parole medical release shall promulgate such rules as
19 are necessary to effectuate this Subpart, including rules relative to the conduct of
20 medical parole release and medical treatment furlough hearings, and the conditions
21 of medical parole and medical treatment furlough release. The committee shall make
22 a determination on an application for medical parole release no later than sixty days
23 from the initiation of an application. The committee will ensure that victim
24 notification is made no later than thirty days before a scheduled hearing and that
25 victim testimony may be offered in-person or via letter or video.
26 H. The Department of Public Safety and Corrections shall collect and
27 include data on the medical release program, including number of referrals, number
28 of complete applications reviewed by the Board, number of denials, and number of
29 revocations in the department's annual briefing report.
Page 8 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 728 Original 2022 Regular Session Duplessis
Abstract: Provides relative to eligibility for medical release.
Present law (R.S. 15:574.4) provides that a person otherwise eligible for parole shall be
eligible for parole consideration upon serving 25% of the sentence imposed.
Present law does not apply to any person whose instant offense is a crime of violence as
defined in present law (R.S. 14:2(B)), a sex offense as defined in present law (R.S. 15:541),
or any offense which would constitute a crime of violence or sex offense as defined in
present law, regardless of the date of conviction. Applies to persons convicted of offenses
prior to and on or after Nov. 1, 2017.
Proposed law retains present law.
Present law provides that a person committed to the Dept. of Public Safety and Corrections
for a term or terms of imprisonment with or without benefit of parole for 30 years or more
shall be eligible for parole consideration upon serving at least 20 years of the term or terms
of imprisonment in actual custody and upon reaching the age of 45.
Present law does not apply to a person serving a life sentence unless the sentence has been
commuted to a fixed term of years.
Proposed law retains present law.
Present law does not apply to any person who has been convicted of a crime of violence as
defined in present law (R.S. 14:2(B)) or a sex offense as defined in present law (R.S. 15:541)
when the offense was committed on or after Aug. 1, 2014.
Proposed law repeals present law.
Present law provides that a person committed to the Dept. of Public Safety and Corrections
for a term or terms of imprisonment with or without benefit of parole who has served at least
10 years of the term or terms of imprisonment in actual custody shall be eligible for parole
consideration upon reaching the age of 60 years if all of the following conditions are met:
(1)The offender has not been convicted of a crime of violence as defined in present law
(R.S. 14:2(B)) or a sex offense as defined in present law (R.S. 15:541), or convicted
of an offense which would constitute a crime of violence or sex offense as defined
in present law, regardless of the date of conviction.
(2)The offender has not committed any major disciplinary offenses in 12 consecutive
months prior to the parole hearing date. A major disciplinary offense is an offense
identified as a Schedule B offense by the Dept. of Public Safety and Corrections in
the Disciplinary Rules and Procedures for Adult Offenders.
(3)The offender has completed the mandatory minimum of 100 hours of prerelease
programming in accordance with the provisions of present law (R.S. 15:827.1) if
such programming is available at the facility where the offender is incarcerated.
(4)The offender has completed substance abuse treatment as applicable.
Page 9 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
(5)The offender has obtained a GED credential, unless the offender has previously
obtained a high school diploma or is deemed by a certified educator as being
incapable of obtaining a GED credential due to a learning disability. If the offender
is deemed incapable of obtaining a GED credential, the offender shall complete at
least one of the following: a literacy program, an adult basic education program, or
a job-skills training program.
(6)The offender has obtained a low-risk level designation determined by a validated risk
assessment instrument approved by the secretary of the Dept. of Public Safety and
Corrections.
Proposed law amends present law to change a person's age requirement for parole eligibility
from 60 years to 55 years when a person who has been committed to the Dept. of Public
Safety and Corrections for a term or terms of imprisonment with or without benefit of parole
has served at least 10 years of the term or terms of imprisonment in actual custody.
Proposed law further amends present law to remove the requirement that the offender not
be convicted of a crime of violence as defined in present law (R.S. 14:2(B)) or a sex offense
as defined in present law (R.S. 15:541), or convicted of an offense which would constitute
a crime of violence or sex offense as defined in present law, regardless of the date of
conviction.
Present law (R.S. 15:574.20) provides for a medical parole program and medical treatment
furlough.
Proposed law amends present law to change a term name from medical parole to medical
release throughout present law. Further amends present law to remove all references to
medical treatment furlough in present law.
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. Provides that consideration for
medical parole or medical treatment furlough pursuant to present law shall be in addition to
any other parole for which an inmate may be eligible.
Proposed law amends present law to provide that a person may refer himself to the
department for consideration, or may have an attorney, family member, treating physician,
parole board member, or other patient advocate submit a referral.
Proposed law provides that the Dept. of Public Safety and Corrections shall work with the
La. Dept. of Health to establish a referral process that can be initiated by community
healthcare providers at all hospitals or facilities that the Dept. of Public Safety and
Corrections and La. Dept. of Health contract with.
Proposed law provides that the referral system shall be incorporated into a correctional
health electronic records system that is compatible with major hospitals and health providers
outside the correctional institutions and other electronic health records systems, and hospital
staff shall be trained on the eligibility and application procedure for medical release no later
than Jan. 1, 2023.
Proposed law provides that the Dept. of Public Safety and Corrections shall establish a
standardized process for other referrals. Provides that the department shall create a resource
explaining the processes of medical release, eligibility criteria, and how to initiate an
application. Provides for availability of resources and acceptance of applications.
Proposed law provides that the Dept. of Public Safety and Corrections shall provide
information and applications to all correctional medical care providers and make the
Page 10 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
information and applications available to incarcerated patients when they enter medical care
units. Provides that this process shall be established no later than Jan. 1, 2023.
Proposed law provides for notice to be sent from the Dept. of Public Safety and Corrections
to the La. Dept. of Health, the Medicaid Pre-release Enrollment Program, and any other
community partners designated by the La. Dept. of Health once the initiation of the
consideration process for medical release has begun.
Present law provides that the committee on parole shall establish the medical parole program
to be administered by the Dept. of Public Safety and Corrections. Provides that an offender
eligible for consideration for release under the program shall be any offender who, because
of an existing medical or physical condition, is determined by the department to be within
one of the following designations of "permanently disabled offender" or "terminally ill
offender".
Proposed law defines "permanently disabled offender", "terminally ill offender", and
"terminally ill".
Proposed law amends present law to provide a date of Jan. 1, 2023, for the committee on
medical release to establish the medical release program administered by the Dept. of Public
Safety and Corrections.
Proposed law amends present law to rename a term from "permanently disabled offender"
to "completely disabled offender". Removes the terms "terminally ill offender" and
"terminally ill".
Proposed law provides definitions for "dementia patient", "irreversibly ill", "irreversibly ill
offender", and "limited-mobility offender".
Present law provides that medical parole shall not be available to any offender serving a
sentence for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.
14:30.1) or an offender who is awaiting execution.
Proposed law repeals present law.
Present law provides for the establishment of a medical treatment furlough program to be
administered by the Dept. of Public Safety and Corrections for the purpose of utilizing
off-site medical facilities for an eligible offender's medical treatment.
Proposed law amends present law to provide for the establishment of the committee on
medical release. Provides that the committee shall be comprised of five individuals
appointed by the governor to consider medical release and may be comprised of members
of both the pardon and parole board and community physicians with experience treating
Medicaid-eligible populations.
Proposed law provides that the committee shall be established no later than Jan. 1, 2023, and
shall meet at least once a month to consider pending applications for medical release.
Present law defines"off-site medical facility" and "limited-mobility offender".
Present law provides that an offender eligible for consideration for release under the medical
treatment furlough program shall be any offender who is ineligible for release on medical
parole pursuant to present law and is determined by the department to be a limited-mobility
offender.
Present law provides that the committee on parole may authorize the release of an eligible
offender on medical treatment furlough when all of the following conditions are met:
Page 11 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
(1)Placement is secured in an acute care hospital, nursing home, or other appropriate
medical facility able to meet the offender's medical and treatment needs.
(2)All monitoring, security, and supervision requirements that the committee deems
necessary are secured by the division of probation and parole.
(3)The committee determines that the offender does not present a substantial flight risk.
Present law provides that a medical treatment furlough shall not be available to any offender
serving a sentence for a conviction of first degree murder (R.S. 14:30) or an offender who
is awaiting execution.
Proposed law repeals present law.
Present law provide that no offender shall be recommended for parole or medical treatment
furlough pursuant to present law 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. Provides that in the assessment of risk,
emphasis shall be given to the offender's medical condition and how this relates to his
overall risk to society.
Proposed law amends present law to include age, mobility, quality of life, progression of
disease or disability, and reentry support, as factors to be considered by the department.
Provides that if a person's medical condition qualifies him for medical release, there shall
be a presumption he will not be a risk to society unless otherwise rebutted with evidence
from the past five years.
Present law provides that neither the department nor the warden of the correctional facility
shall recommend that the offender's sentence be commuted for any medical reasons
contemplated by present law.
Proposed law repeals present law.
Present law provides that the authority to grant medical parole or medical treatment furlough
pursuant to present law shall rest solely with the committee on parole, and the committee
shall establish additional conditions of the parole or medical treatment furlough in
accordance with present law.
Proposed law amends present law to provide that the authority of the secretary of the Dept.
of Public Safety and Corrections as well as the Governor's Office to grant compassionate
release shall not be affected by present law.
Present law provides that the Dept. of Public Safety and Corrections shall identify those
offenders who may be eligible for medical parole or medical treatment furlough based upon
available medical information.
Proposed law amends present law to provide for the identification of eligible offenders on
a monthly basis.
Present law provides that the committee on parole shall determine the risk to public safety
and shall grant medical parole or medical treatment furlough only after determining that the
offender does not pose a threat to public safety and only after the offender, as a condition
of the medical parole or medical treatment furlough, waives his right to medical
confidentiality and privacy as to the notice requirements in present law.
Page 12 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-854 ORIGINAL
HB NO. 728
Proposed law amends present law to provide that if a person's medical condition qualifies
them for medical release, there shall be a presumption he will not be a risk to society unless
otherwise rebutted with evidence from the past five years.
Present 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 amends present law to provide that a denied offender may apply for a
rehearing to be rescheduled within 30 days.
Present 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
shall notify any off-site medical facility designated for an eligible offender's medical
treatment of the decision.
Proposed law amends present law to provide that the department shall notify any off-site
medical facility designated for an eligible offender's medical treatment of the decision
through Medicaid.
Present law provides that the off-site medical facility shall, not less than 14 days before the
offender begins treatment at the facility, provide notice to its patients or residents and each
patient's or resident's next of kin, curator, tutor, or person having power of attorney that the
offender will be receiving treatment at that facility
Proposed law amends present law to change the days required for notice from 14 to five.
Present law provides for a revoke of medical parole or medical treatment furlough and a
return to custody if it is discovered through the supervision of the offender released on
medical parole or medical treatment furlough that his condition has improved such that he
would not then be eligible for medical parole or medical treatment furlough.
Proposed law repeals present law.
Present law provides for the promulgation of rules.
Proposed law retains present law and provides that the committee shall make a determination
on an application for medical parole release no later than 60 days from the initiation of an
application. Provides that the committee will ensure that victim notification is made no later
than 30 days before a scheduled hearing and that victim testimony may be offered in-person
or via letter or video.
Proposed law provides that the Dept. of Public Safety and Corrections shall collect and
include data on the medical release program, including number of referrals, number of
complete applications reviewed by the board, number of denials, and number of revocations
in the department's annual briefing report.
(Amends R.S. 15.574.4(A)(4) and 15:574.20)
Page 13 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.