H.F. 2391 Section 1. NEW SECTION . 217.13A Assistance for persons on 1 medical parole. 2 1. If a person has been released on medical parole pursuant 3 to section 906.20 and applies for public assistance, including 4 medical assistance, the department of corrections shall forward 5 the application for assistance to the department of human 6 services, and advise the board of parole that an application 7 for assistance has been made. 8 2. The department of human services shall, within sixty days 9 of receipt of a medical parolee’s application for assistance, 10 determine the eligibility of the person for public assistance, 11 medical assistance, or any other department health care 12 assistance. 13 3. If a person is released on medical parole and is in 14 need of public assistance, including medical assistance, 15 the department of human services is responsible for the 16 administrative costs of the initial and any subsequent 17 eligibility determination and for the costs of any public 18 assistance, including medical assistance, following a person’s 19 release on medical parole for as long as the person is 20 eligible. 21 4. The department of corrections and the department of human 22 services shall jointly request proposals from public or private 23 vendors to provide contract services for persons released on 24 medical parole. 25 Sec. 2. NEW SECTION . 906.20 Medical parole. 26 1. Notwithstanding any other provision of law to the 27 contrary, a person committed to the custody of the director of 28 the department of corrections shall be immediately eligible for 29 a medical parole under the following circumstances: 30 a. If the department of corrections makes a recommendation 31 to the board of parole with supporting medical evidence stating 32 all of the following: 33 (1) The person has an existing medical or physical condition 34 that is permanent and is physically or mentally incapacitating. 35 -1- LSB 6045HV (4) 84 jm/nh 1/ 4

H.F. 2391 (2) The person is sixty-five years of age or older. 1 b. After reviewing the recommendation, the board determines 2 all of the following: 3 (1) The person is eligible for medical parole under 4 paragraph “a” . 5 (2) A reasonable probability exists that the person can be 6 released without detriment to the community or to the person. 7 2. Prior to making a determination under subsection 1, the 8 board may request that the department of corrections provide 9 additional medical evidence supporting the recommendation or 10 that a medical examination of the person be conducted. 11 3. If the board orders the person released on medical 12 parole, the department of corrections, in cooperation with the 13 board and the judicial district department of correctional 14 services, shall determine the level of appropriate supervision 15 of the person. In addition to any other terms and conditions 16 of medical parole, supervision of a person on medical parole 17 shall consist of periodic medical evaluations at intervals to 18 be determined by the board at the time of release. 19 4. After a person is released on medical parole, earned 20 time shall not reduce the remainder of the person’s sentence 21 while the person is on medical parole. The term of parole for 22 a person on medical parole shall equal the remainder of the 23 sentence of the person. 24 5. If the board finds a change in circumstances or discovers 25 new information concerning a person who has been released on 26 medical parole, the board may rescind the medical parole or 27 revise the previously granted medical parole release date. 28 6. The board shall issue its decision to release a person on 29 medical parole or deny a person’s medical parole or to rescind 30 the medical parole or revise the medical parole release date of 31 the person in writing and provide a basis for the decision. A 32 copy of the decision shall be provided to the person. 33 7. The board shall adopt rules pursuant to chapter 17A which 34 are necessary to carry out the provisions of this section. 35 -2- LSB 6045HV (4) 84 jm/nh 2/ 4

H.F. 2391 Sec. 3. EFFECTIVE DATE. This Act takes effect January 1, 1 2013. 2 EXPLANATION 3 This bill relates to providing medical parole to a person 4 committed to the custody of the department of corrections. 5 Under the bill, any person committed to the custody of 6 the department of corrections including offenders serving a 7 mandatory minimum sentence, an enhanced sentence, a sentence 8 which limits the person’s parole eligibility, a class “A” 9 felony sentence, or a sentence under section 902.12, may be 10 eligible for medical parole. The bill provides that a person 11 committed to the custody of the department of corrections shall 12 be immediately eligible for medical parole under the following 13 circumstances: (1) the person has an existing medical or 14 physical condition which is permanent and is physically or 15 mentally incapacitating; and (2) the person is 65 years of age 16 or older. 17 If the board of parole orders the person released on medical 18 parole, the department of corrections in cooperation with the 19 board and the judicial district department of correctional 20 services shall determine the level of appropriate supervision 21 of the person. In addition to any other terms and conditions 22 of supervision, a person on medical parole shall have periodic 23 medical evaluations at intervals to be determined by the board 24 of parole at the time of release. 25 The bill also provides that if the board of parole finds a 26 change in circumstances or discovers new information concerning 27 a person who has been released on medical parole, the board may 28 rescind the medical parole or revise the previously granted 29 parole release date. 30 If a person is released on medical parole pursuant to the 31 bill and applies for public assistance, including medical 32 assistance, the department of corrections shall forward 33 the application for assistance to the department of human 34 services, and advise the board of parole that an application 35 -3- LSB 6045HV (4) 84 jm/nh 3/ 4

H.F. 2391 for assistance has been made. 1 The bill provides that the department of human services 2 shall, within 60 days of receipt of a medical parolee’s 3 application for assistance, determine the eligibility of the 4 person for public assistance, medical assistance, or any other 5 type of department health care assistance. 6 The bill also provides that the department of human services 7 is responsible for the administrative costs of the initial and 8 any subsequent eligibility determination and for the costs of 9 any public assistance, including medical assistance, following 10 a person’s release on medical parole for as long as the person 11 is eligible. 12 This bill takes effect January 1, 2013. 13 -4- LSB 6045HV (4) 84 jm/nh 4/ 4