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PAG LIN 1 1 DIVISION I 1 2 Section 1. NEW SECTION. 217.13A ASSISTANCE FOR PERSONS 1 3 ON MEDICAL PAROLE. 1 4 1. If a person has been released on medical parole 1 5 pursuant to section 906.19 and applies for public assistance, 1 6 including medical assistance, the department of corrections 1 7 shall forward the application for assistance to the department 1 8 of human services, and advise the board of parole that an 1 9 application for assistance has been made. 1 10 2. The department of human services shall, within sixty 1 11 days of receipt of a medical parolee's application for 1 12 assistance, determine the eligibility of the person for 1 13 general assistance, public assistance, medical assistance, or 1 14 any other department or federal health care assistance. 1 15 3. If a person is released on medical parole and is in 1 16 need of public assistance, including medical assistance, the 1 17 department of human services is responsible for the 1 18 administrative costs of the initial and any subsequent 1 19 eligibility determination and for the costs of any public 1 20 assistance, including medical assistance, following a person's 1 21 release on medical parole for as long as the person is 1 22 eligible. 1 23 4. The department of corrections and the department of 1 24 human services shall jointly request proposals from public or 1 25 private vendors to provide contract services for persons 1 26 released on medical parole. 1 27 Sec. 2. NEW SECTION. 906.19 MEDICAL PAROLE. 1 28 1. A person committed to the custody of the director of 1 29 the department of corrections including offenders serving a 1 30 mandatory minimum sentence, an enhanced sentence, a sentence 1 31 which limits the person's parole eligibility, a person serving 1 32 a class "A" felony sentence, or serving a sentence under 1 33 section 902.12, shall be immediately eligible for a medical 1 34 parole under the following circumstances: 1 35 a. The department of corrections makes an application to 2 1 the board of parole with supporting medical evidence stating 2 2 any of the following: 2 3 (1) The person suffers from a chronic infirmity, physical 2 4 condition, physical limitation, illness, or disease related to 2 5 aging. 2 6 (2) The person has an existing medical or physical 2 7 condition that is permanent and is physically or mentally 2 8 incapacitating. 2 9 (3) The person is terminally ill. 2 10 b. After reviewing the application, the board determines 2 11 all of the following: 2 12 (1) The person is eligible for medical parole under 2 13 paragraph "a". 2 14 (2) A reasonable probability exists that the person can be 2 15 released without detriment to the community or to the person. 2 16 2. Prior to making a determination under subsection 1, the 2 17 board may request that the department of corrections provide 2 18 additional medical evidence supporting the application or that 2 19 a medical examination of the person be conducted. 2 20 3. If the board orders the person released on medical 2 21 parole, the department of corrections, in cooperation with the 2 22 board and the judicial district department of correctional 2 23 services, shall determine the level of appropriate supervision 2 24 of the person. In addition to any other terms and conditions 2 25 of medical parole, supervision of a person on medical parole 2 26 shall consist of periodic medical evaluations at intervals to 2 27 be determined by the board at the time of release. 2 28 4. After a person is released on medical parole, earned 2 29 time shall not reduce the remainder of the person's sentence 2 30 while the person is on medical parole. The term of parole for 2 31 a person on medical parole shall equal the remainder of the 2 32 sentence of the person. 2 33 5. If the board finds a change in circumstances or 2 34 discovers new information concerning a person who has been 2 35 released on medical parole, the board may rescind the medical 3 1 parole or revise the previously granted medical parole release 3 2 date. 3 3 6. The board shall issue its decision to release a person 3 4 on medical parole or deny a person's medical parole or to 3 5 rescind the medical parole or revise the medical parole 3 6 release date of the person in writing and provide a basis for 3 7 the decision. A copy of the decision shall be provided to the 3 8 person. 3 9 DIVISION II 3 10 Sec. 3. Section 124.413, unnumbered paragraph 1, Code 3 11 2003, is amended to read as follows: 3 12 A person sentenced pursuant to section 124.401, subsection 3 13 1, paragraph "a", "b", "c", "e", or "f", shall not be eligible 3 14 for parole unless medically paroled pursuant to section 3 15 906.19, or until the person has served a minimum period of 3 16 confinement of one-third of the maximum indeterminate sentence 3 17 prescribed by law. 3 18 Sec. 4. Section 708.2A, subsection 6, paragraph b, Code 3 19 2003, is amended to read as follows: 3 20 b. A person convicted of violating subsection 4 shall be 3 21 sentenced as provided under section 902.9, subsection 5, and 3 22 shall be denied parole or work release, unless the person is 3 23 medically paroled pursuant to section 906.19, until the person 3 24 has served a minimum of one year of the person's sentence. 3 25 Notwithstanding section 901.5, subsections 1, 3, and 5 and 3 26 section 907.3, the person cannot receive a suspended or 3 27 deferred sentence or a deferred judgment; however, the person 3 28 sentenced shall receive credit for any time the person was 3 29 confined in a jail or detention facility following arrest. 3 30 Sec. 5. Section 901A.2, Code 2003, is amended by adding 3 31 the following new subsection: 3 32 NEW SUBSECTION. 9. A person sentenced under this section 3 33 is eligible for medical parole pursuant to section 906.19. 3 34 Sec. 6. Section 902.1, Code 2003, is amended to read as 3 35 follows: 4 1 902.1 CLASS "A" FELONY. 4 2 Upon a plea of guilty, a verdict of guilty, or a special 4 3 verdict upon which a judgment of conviction of a class "A" 4 4 felony may be rendered, the court shall enter a judgment of 4 5 conviction and shall commit the defendant into the custody of 4 6 the director of the Iowa department of corrections for the 4 7 rest of the defendant's life. Nothing in the Iowa corrections 4 8 code pertaining to deferred judgment, deferred sentence, 4 9 suspended sentence, or reconsideration of sentence applies to 4 10 a class "A" felony, and a person convicted of a class "A" 4 11 felony shall not be released on parole unless the governor 4 12 commutes the sentence to a term of years, or the person is 4 13 medically paroled pursuant to section 906.19. 4 14 Sec. 7. Section 902.7, Code 2003, is amended to read as 4 15 follows: 4 16 902.7 MINIMUM SENTENCE – USE OF A DANGEROUS WEAPON. 4 17 At the trial of a person charged with participating in a 4 18 forcible felony, if the trier of fact finds beyond a 4 19 reasonable doubt that the person is guilty of a forcible 4 20 felony and that the person represented that the person was in 4 21 the immediate possession and control of a dangerous weapon, 4 22 displayed a dangerous weapon in a threatening manner, or was 4 23 armed with a dangerous weapon while participating in the 4 24 forcible felony the convicted person shall serve a minimum of 4 25 five years of the sentence imposed by law. A person sentenced 4 26 pursuant to this section shall not be eligible for parole, 4 27 unless the person is medically paroled pursuant to section 4 28 906.19, until the person has served the minimum sentence of 4 29 confinement imposed by this section. 4 30 Sec. 8. Section 902.8, Code 2003, is amended to read as 4 31 follows: 4 32 902.8 MINIMUM SENTENCE – HABITUAL OFFENDER. 4 33AnA habitual offender is any person convicted of a class 4 34 "C" or a class "D" felony, who has twice before been convicted 4 35 of any felony in a court of this or any other state, or of the 5 1 United States. An offense is a felony if, by the law under 5 2 which the person is convicted, it is so classified at the time 5 3 of the person's conviction. A person sentenced as an habitual 5 4 offender shall not be eligible for parole unless medically 5 5 paroled pursuant to section 906.19, or until the person has 5 6 served the minimum sentence of confinement of three years. 5 7 Sec. 9. Section 902.8A, Code 2003, is amended to read as 5 8 follows: 5 9 902.8A MINIMUM SENTENCE FOR CONSPIRING TO MANUFACTURE, OR 5 10 DELIVERY OF, AMPHETAMINE OR METHAMPHETAMINE TO A MINOR. 5 11 A person who has been convicted for a first violation under 5 12 section 124.401D shall not be eligible for parole unless 5 13 medically paroled pursuant to section 906.19, or until the 5 14 person has served a minimum term of confinement of ten years. 5 15 Sec. 10. Section 902.11, unnumbered paragraph 1, Code 5 16 Supplement 2003, is amended to read as follows: 5 17 A person serving a sentence for conviction of a felony, who 5 18 has a criminal record of one or more prior convictions for a 5 19 forcible felony or a crime of a similar gravity in this or any 5 20 other state, shall be denied parole or work release unless 5 21 medically paroled pursuant to section 906.19, or unless the 5 22 person has served at least one-half of the maximum term of the 5 23 defendant's sentence. However, the mandatory sentence 5 24 provided for by this section does not apply if either of the 5 25 following apply: 5 26 Sec. 11. Section 902.12, unnumbered paragraph 1, Code 5 27 Supplement 2003, is amended to read as follows: 5 28 A person serving a sentence for conviction of the following 5 29 felonies shall be denied parole or work release unless the 5 30 person has served at least seven-tenths of the maximum term of 5 31 the person's sentence or the person has been medically paroled 5 32 pursuant to section 906.19: 5 33 EXPLANATION 5 34 This bill relates to providing medical parole to a person 5 35 committed to the custody of the department of corrections. 6 1 DIVISION I – Under the division, any person committed to 6 2 the custody of the department of corrections including 6 3 offenders serving a mandatory minimum sentence, an enhanced 6 4 sentence, a sentence which limits the person's parole 6 5 eligibility, a person serving a class "A" felony sentence, or 6 6 serving a sentence under section 902.12, may be eligible for 6 7 medical parole. The division provides that a person committed 6 8 to the custody of the department of corrections shall be 6 9 immediately eligible for medical parole under the following 6 10 circumstances: (1) the person suffers from a chronic 6 11 infirmity, physical condition, physical limitation, illness, 6 12 or disease related to aging; (2) the person has an existing 6 13 medical or physical condition which is permanent and is 6 14 physically or mentally incapacitating; or (3) the person is 6 15 terminally ill. 6 16 If the board of parole under the division orders the person 6 17 released on medical parole, the department of corrections in 6 18 cooperation with the board and the judicial district 6 19 department of correctional services shall determine the level 6 20 of appropriate supervision of the person. In addition to any 6 21 other terms and conditions of supervision, a person on medical 6 22 parole shall have periodic medical evaluations at intervals to 6 23 be determined by the board of parole at the time of release. 6 24 The division also provides that if the board of parole 6 25 finds a change in circumstances or discovers new information 6 26 concerning a person who has been released on medical parole, 6 27 the board may rescind the medical parole or revise the 6 28 previously granted parole release date. 6 29 If a person is released on medical parole pursuant to the 6 30 division and applies for public assistance, including medical 6 31 assistance, the department of corrections shall forward the 6 32 application for assistance to the department of human 6 33 services, and advise the board of parole that an application 6 34 for assistance has been made. 6 35 The division provides that the department of human services 7 1 shall, within 60 days of receipt of a medical parolee's 7 2 application for assistance, determine the eligibility of the 7 3 person for general assistance, public assistance, medical 7 4 assistance, or any type of assistance. 7 5 The division also provides that the department of human 7 6 services is responsible for the administrative costs of the 7 7 initial and any subsequent eligibility determination and for 7 8 the costs of any public assistance, including medical 7 9 assistance, following a person's release on medical parole for 7 10 as long as the person is eligible. 7 11 DIVISION II – The division amends various Code sections to 7 12 conform with the changes in Division I. 7 13 LSB 6653SV 80 7 14 jm/pj/5
Text: SF02277 Text: SF02279 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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