Permitting functional incapacitation release and terminal medical condition release for persons sentenced to imprisonment for an off-grid offense and extending terminal medical condition release to inmates in the custody of the secretary of corrections with a condition likely to cause death within 180 days.
Note
Overall, SB289 represents a significant step towards reforming aspects of the Kansas criminal justice system concerning health-related inmate releases, emphasizing compassion while balancing public safety considerations.
Impact
The enactment of SB289 will amend existing statutes regarding the release criteria for inmates, prioritizing the medical and functional states of individuals over the nature of their offenses. It establishes clear criteria and guidelines for evaluating the applications for release based on health conditions, criminal history, and other relevant factors. This legislative change is also intended to streamline the process by which the prison review board evaluates these cases, making it easier for eligible individuals to obtain release under humane circumstances.
Summary
Senate Bill 289 (SB289) introduces new provisions for the release of incarcerated individuals deemed functionally incapacitated or suffering from a terminal medical condition. The bill allows the secretary of corrections to petition for the release of individuals whose health conditions significantly impair their ability to pose a threat to public safety. This includes those with conditions likely to cause death within 180 days, extending certain release options previously not available for inmates sentenced for off-grid offenses. The aim is to provide a humane approach to handling inmates with serious health issues while still monitoring public safety risks.
Contention
However, the bill has not been without contention. Critics argue that the provisions might lead to premature releases of individuals convicted of serious crimes, thus potentially jeopardizing public safety. Proponents counter that the bill incorporates safeguards, requiring thorough evaluations by medical professionals and the prisoner review board to mitigate these risks. The necessity of a structured process which includes notice to victims or their families also addresses some concerns about transparency and accountability in the release predictions.
Reforms the organizational structure for the Department of Transportation and Development including its duties, powers, and responsibilities of officers and employees (EN INCREASE SD EX See Note)
Creates the Department of Housing, consolidates the Department of Natural Resources and Department of Environmental Quality. (gov sig) (OR SEE FISC NOTE SD EX)
Creates the Dept. of Health and Hospitals and Children and Family Services, abolishes the Dept. of Health and Hospitals (DHH) and the Dept. of Children and Family Services (DCFS), and creates separate entities within the new department as successors to the abolished departments (RE INCREASE See Note)
Provides relative to the Department of Elderly Affairs, including provisions for officers and employees, rulemaking, and funding (EGF NO IMPACT See Note)