Bill Caption

Relating to the release of certain inmates on medically recommended intensive supervision.

Fiscal Notes

No significant fiscal implication to the State or units of local government is anticipated.

Bill Analysis

Under current law when a parole panel orders an inmate to be released on parole or recommends that the governor grant executive clemency a chain of notifications to relevant officials must be sent out within 11 days. The notifications must include certain information about the offender and the offense.

SB 126 would expand those provisions to include an inmate ordered to be released, or recommended for executive clemency, for medically recommended intensive supervision and would add that the notice also include information regarding the inmate's physical or mental health condition

Furthermore, the bill would update the conditions under which a person may qualify for medically recommended intensive supervision. To qualify a person would have to be determined to require permanent long-term care, have a terminal illness, or an intellectual and developmental disability. Current law prohibits inmates serving a death or life without parole from being eligible for release under these provisions. This bill would not change that prohibition.

Finally, the bill defines the term "terminal illness" for the purposes of this statute to mean "an incurable illness or condition that is expected to result in death within one year regardless of life sustaining treatment".

Vote Recommendation Notes

SB 126 would provide for the compassionate release of inmates needing intensive permanent or end of life care in limited circumstances. This would benefit the taxpayers by removing some of the highest cost inmates from incarceration and allow people who are near the end of life to spend the remaining time they have left with loved ones. This bill supports limited government and individual liberty. We support SB 126.