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ENGROSSED SENATE
BILL NO. 320 By: Garvin and Bergstrom of the
Senate
and
McEntire of the House
An Act relating to medical parole; amending 57 O.S.
2011, Section 332.18, as last amen ded by Section 1,
Chapter 42, O.S.L. 2015 (57 O .S. Supp. 2020, Section
332.18), which relates to placement on docket for
parole consideration ; modifying qualifying
conditions; providing definition; and providi ng 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 proc edures. 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
have the authority to bri ng any such inmate before the Board at any
time, except as otherwise provided in subsection B of this sec tion.
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B. When a request is made for a medical parole review of an
inmate who is dying or is near death or is medically frail or is
medically vulnerable as defined in subsection F of this section as
certified by the medical director of the Dep artment of Corrections
or whose medical condition has rendered the inmate no longer an
unreasonable threat to public safety, t he 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 lea st three members of the
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 t he
Board at which the issue is consid ered.
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 continuati on of the medical parole presents an
increased risk to the public, the parolee shall be subj ect to parole
revocation. In such case, the Department of Corrections shall
follow the revocation procedure for violators of parole set forth in
Section 516 of this title.
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E. The provisions of this section shall not a pply to inmates
serving a sentence of life without possibility of parole.
F. As used in this section:
1. “Medically frail” means an individual with a medical
condition which precludes the individual from performing two or more
activities of daily living on their own;
2. “Medically vulnerable ” means an individual with one or more
medical conditions wh ich makes the individual more likely to
contract an illness or disease while incarcerated that c ould lead to
death or cause an individual to become medically frail. The
provisions of this subsection shall only apply during a catastrophic
health emergency as declared by the Governor of th is state pursuant
to the provisions of Section 6403 of Title 63 of the Oklahom a
Statutes;
3. “Medical condition” includes, but is not limited to,
debilitating health conditions occurring as a result of the
following:
a. disabling mental disorders including dementia,
Alzheimer’s disease or similar degenerative brain
disorders,
b. Human Immunodeficiency Virus (HIV) or Acquired I mmune
Deficiency Syndrome (AIDS) ,
c. cancer,
d. cardiovascular disease,
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e. chronic lung disease or asthma ,
f. diabetes,
g. hepatitis C,
h. seizure disorders,
i. inmates receiving life sustaining care such as fe eding
tubes or colostomy bags,
j. disabling neurological disorders such as multiple
sclerosis (MS) or amyotrophic lateral sclerosis (ALS),
or
k. any other condition related to a weake ned immune
system or condition that requires or is expected to
require specialty care or recurrent hospitalizations ;
4. “Activities of daily living” means basic personal care and
everyday activities including tasks such as eating, toileting,
grooming, dressing, bathing and transferr ing from one physical
position to another including moving from a reclining position to a
sitting or standing position, that a person ca nnot perform on his or
her own; and
5. “Dying” or “near death” means an individual with a medic al
condition and who has an estimated life expectancy of six (6) months
or less.
G. Victim notification shall be provided as provided in Section
332.2 of this title and as required by Article 2, Section 34 of the
Oklahoma Constitution.
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SECTION 2. This act shall becom e effective November 1, 2021.
Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Repre sentatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives