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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1903 By: Roe
AS INTRODUCED
An Act relating to prisons and reformatories;
amending 57 O.S. 2011, Section 332.18, as last
amended by Section 1, Chapter 42, O.S.L. 2015 ( 57
O.S. Supp. 2020, Section 332.18), which relates to
requests for medical parole review; updating
language; modifying circumstances that authorize
medical parole reviews; adding definitions; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2011, Section 332.18, as
last amended by Section 1, Chapter 42, O.S.L. 2015 (57 O.S. Supp.
2020, Section 332.18), is amended to read as follows:
Section 332.18 A. The Director of the Department of
Corrections shall have the authority to request the Executive
Director of the Pardon and Parole Board to place an inmate on the
Pardon and Parole Board docket for a medical reason , out of the
normal processing procedures. Documentation of the medical
condition of such inmate shall be certified by the medical director
of the Department of Corrections. The Pardon and Parole Board shall
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have the authority to bring any such inmate before the Board at any
time, except as otherw ise provided in subsection B of this section.
B. When a request is made for a medical parole review of an
inmate who is dying or is, near death, medically frail or medically
vulnerable as certified by the medical director of the Department of
Corrections or whose medical condition has rendered the inmate no
longer an unreasonable threat to public safety, the Executive
Director shall place such inmate on the first available parole
review docket for a compassionate parole consideration. Inmates who
meet the criteria set out in this section are not subject to the
two-stage hearing process in subsection C D of Section 332.7 of this
title.
C. No person shall be eligible for consideration for medical
parole without the concurrence of at least three members of t he
Pardon and Parole Board. The vote on whether or not to consider
such person for parole and the names of the concurring Board members
shall be set forth in the written minutes of the meeting of the
Board at which the issue is considered.
D. In the event that due to changes in the medical condition of
the parolee granted medical parole or for other reasons, it is
determined that the continuation of the medical parole presents an
increased risk to the public, the parolee shall be subject to parole
revocation. In such case, the Department of Corrections shall
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follow the revocation procedure for violators of parole set forth in
Section 516 of this title.
E. The provisions of this section shall not apply to inmates
serving a sentence of life without the possibility of parole.
F. As used in this section:
1. "Activities of daily living" means basic personal care and
everyday activities that a person cannot perform on his or her own,
including tasks such as :
a. eating,
b. toileting,
c. grooming,
d. dressing,
e. bathing, and
f. transferring from one physical position to another,
including moving from a reclining position to a
sitting or standing position ;
2. "Dying" or "near death" means an individual with a medical
condition and who has an estimated life e xpectancy of six (6) months
or less;
3. "Medical condition" includes, but is not limited to, the
following:
a. disabling mental disorders including dementia,
Alzheimer's disease or similar degenerative brain
disorders,
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b. human immunodeficiency virus (HIV ) or acquired immune
deficiency syndrome (AIDS),
c. cancer,
d. cardiovascular disease ,
e. chronic lung disease or asthma ,
f. diabetes,
g. hepatitis C,
h. seizure disorders,
i. complications during pregnancy that threaten the
health of the pregnant person o r fetus including, but
not limited to, preeclampsia, fetal abnormalities or
fetal distress,
j. inmates receiving life -sustaining care such as feeding
tubes or colostomy bags,
k. disabling neurological disorders such as multiple
sclerosis (MS) or amyo trophic lateral sclerosis (ALS),
and
l. any other condition related to a weakened immune
system or that requires or is expected to require
specialty care or recurrent hospitalization;
4. "Medically frail" means an individual with a medical
condition who cannot perform two or more activities of daily living
on his or her own; and
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5. "Medically vulnerable" means an individual with one or more
medical conditions who is likely to contract an illness or disease
in prison that can lead to death or cause an individua l to become
medically frail. The term shall only apply during a catastrophic
health emergency that has been declared by the Governor pursuant to
the provisions of Sections 6401 through 6403 of Title 63 of the
Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5877 GRS 01/20/21