Maine 2023-2024 Regular Session

Maine Senate Bill LD720

Introduced
2/16/23  
Refer
2/16/23  
Engrossed
6/21/23  
Enrolled
6/26/23  

Caption

An Act to Expand Eligibility for Supervised Community Confinement for Prisoners with a Prognosis Likely to Result in an Incapacitating Medical Condition

Impact

By amending the current statutes, LD720 is set to alter how Maine’s correctional system approaches the care and rights of inmates with severe medical conditions. This bill provides an avenue for prisoners who are terminally ill to transition into settings where they can receive necessary medical care, such as hospices or nursing facilities, which is expected to enhance the quality of care during their final stages of life. It also addresses the mental and physical well-being of these individuals by allowing them more humane treatment aligned with their health needs.

Summary

LD720, titled 'An Act to Expand Eligibility for Supervised Community Confinement for Prisoners with a Prognosis Likely to Result in an Incapacitating Medical Condition', allows the commissioner to transfer prisoners diagnosed with terminal or severely incapacitating medical conditions from correctional facilities to supervised community confinement without meeting specific eligibility requirements. This legislation responds to the growing recognition of the need for humane treatment of seriously ill prisoners, enabling them to receive care in appropriate settings, potentially reducing demands on correctional facilities and providing a more supportive environment for those in their final days.

Sentiment

The general sentiment surrounding LD720 has been supportive, particularly from advocacy groups focused on prisoner rights and healthcare reform. Proponents argue that the legislation is a compassionate approach towards inmates suffering from severe health conditions, enhancing dignity and care in their last days. However, there may be concerns about ensuring proper oversight and evaluation to prevent any misuse of this transfer process, particularly in terms of safeguarding against premature releases on non-medical grounds.

Contention

Notable points of contention include the potential for differing interpretations of what constitutes a 'terminal' or 'severely incapacitating' medical condition. Opponents may voice concerns regarding the criteria for transfer and the adequacy of the care provided in community settings, fearing that it could be a loophole for managing overcrowding in prisons rather than a genuine call for compassionate treatment. These discussions underscore the balancing act between public safety, medical ethics, and humane treatment for vulnerable populations within the correctional system.

Companion Bills

No companion bills found.

Previously Filed As

ME LD1684

An Act to Implement Additional Criteria and Processes for the Supervised Community Confinement Program

ME LD1863

An Act to Facilitate the Provision of Medically Appropriate Levels of Care for Clients of Correctional Facilities

ME LD648

An Act to Expand the Supervised Community Confinement Program

ME SB289

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.

ME HB2229

Executive clemency; medical confinement release

ME HB2524

Executive clemency; medical confinement release

ME HB2082

Executive clemency; medical confinement release

ME HB4642

Relating to standards for the out-of-state confinement of county prisoners.

ME LD1715

An Act to Replace Certain Stigmatizing Language in the Maine Revised Statutes, Titles 22, 25 and 34-A with Respectful Language

ME HB228

Relating to pardons and paroles; to amend Sections 15-22-26, 15-22-28, 15-22-37, and 15-22-43, Code of Alabama 1975, to require the Board of Pardons and Paroles to give weighted consideration to an inmate's age when determining whether to grant parole, to require the board to hold a rehearing once parole is denied for certain inmates, to provide for appellate relief for a prisoner with a serious chronic health condition who was denied parole in certain circumstances; to require the board to hold a medical parole hearing within a specified period of time of an inmate becoming eligible for medical parole; provide for appellate relief for an inmate who was denied medical parole; to amend Section 14-14-5, Code of Alabama 1975, to provide that an inmate released on medical furlough may reside in any state; to add Section 15-22-25.5 to the Code of Alabama 1975, to provide that an inmate may attend his or her parole hearing virtually; and to make nonsubstantive, technical revisions to update the existing code language to current style.

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