H.F. _____ DIVISION I 1 MEDICAL PAROLE 2 Section 1. NEW SECTION . 217.13A Assistance for persons on 3 medical parole. 4 1. If a person has been released on medical parole pursuant 5 to section 906.20 and applies for public assistance, including 6 medical assistance, the department of corrections shall forward 7 the application for assistance to the department of human 8 services, and advise the board of parole that an application 9 for assistance has been made. 10 2. The department of human services shall, within sixty days 11 of receipt of a medical parolee’s application for assistance, 12 determine the eligibility of the person for general assistance, 13 public assistance, medical assistance, or any other department 14 or federal health care assistance. 15 3. If a person is released on medical parole and is in 16 need of public assistance, including medical assistance, 17 the department of human services is responsible for the 18 administrative costs of the initial and any subsequent 19 eligibility determination and for the costs of any public 20 assistance, including medical assistance, following a person’s 21 release on medical parole for as long as the person is 22 eligible. 23 4. The department of corrections and the department of human 24 services shall jointly request proposals from public or private 25 vendors to provide contract services for persons released on 26 medical parole. 27 Sec. 2. NEW SECTION . 906.20 Medical parole. 28 1. A person committed to the custody of the director of 29 the department of corrections including offenders serving a 30 mandatory minimum sentence, an enhanced sentence, a sentence 31 which limits the person’s parole eligibility, a class “A” 32 felony sentence, or a sentence under section 902.12, shall be 33 immediately eligible for a medical parole under the following 34 circumstances: 35 -1- LSB 6045YC (3) 84 jm/nh 1/ 7

H.F. _____ a. If the department of corrections makes a recommendation 1 to the board of parole with supporting medical evidence stating 2 any of the following: 3 (1) The person suffers from a chronic infirmity, physical 4 limitation, serious illness, or serious disease related to 5 aging. 6 (2) The person has an existing medical or physical condition 7 that is permanent and is physically or mentally incapacitating. 8 (3) The person is terminally ill. 9 b. After reviewing the recommendation, the board determines 10 all of the following: 11 (1) The person is eligible for medical parole under 12 paragraph “a” . 13 (2) A reasonable probability exists that the person can be 14 released without detriment to the community or to the person. 15 2. Prior to making a determination under subsection 1, the 16 board may request that the department of corrections provide 17 additional medical evidence supporting the recommendation or 18 that a medical examination of the person be conducted. 19 3. If the board orders the person released on medical 20 parole, the department of corrections, in cooperation with the 21 board and the judicial district department of correctional 22 services, shall determine the level of appropriate supervision 23 of the person. In addition to any other terms and conditions 24 of medical parole, supervision of a person on medical parole 25 shall consist of periodic medical evaluations at intervals to 26 be determined by the board at the time of release. 27 4. After a person is released on medical parole, earned 28 time shall not reduce the remainder of the person’s sentence 29 while the person is on medical parole. The term of parole for 30 a person on medical parole shall equal the remainder of the 31 sentence of the person. 32 5. If the board finds a change in circumstances or discovers 33 new information concerning a person who has been released on 34 medical parole, the board may rescind the medical parole or 35 -2- LSB 6045YC (3) 84 jm/nh 2/ 7

H.F. _____ revise the previously granted medical parole release date. 1 6. The board shall issue its decision to release a person on 2 medical parole or deny a person’s medical parole or to rescind 3 the medical parole or revise the medical parole release date of 4 the person in writing and provide a basis for the decision. A 5 copy of the decision shall be provided to the person. 6 7. The board shall adopt rules pursuant to chapter 17A which 7 are necessary to carry out the provisions of this section. 8 DIVISION II 9 CORRESPONDING AMENDMENTS 10 Sec. 3. Section 124.406, subsection 1, paragraph a, Code 11 2011, is amended to read as follows: 12 a. Unlawfully distributes or possesses with intent to 13 distribute a substance listed in schedule I or II to a person 14 under eighteen years of age commits a class “B” felony and 15 shall serve a minimum term of confinement of five years unless 16 medically paroled pursuant to section 906.20 . However, if the 17 substance was distributed in or on, or within one thousand feet 18 of, the real property comprising a public or private elementary 19 or secondary school, public park, public swimming pool, public 20 recreation center, or on a marked school bus, the person 21 shall serve a minimum term of confinement of ten years unless 22 medically paroled pursuant to section 906.20 . 23 Sec. 4. Section 124.406, subsection 2, paragraph a, Code 24 2011, is amended to read as follows: 25 a. Unlawfully distributes or possesses with the intent to 26 distribute a counterfeit substance listed in schedule I or 27 II, or a simulated controlled substance represented to be a 28 substance classified in schedule I or II, to a person under 29 eighteen years of age commits a class “B” felony. However, if 30 the substance was distributed in or on, or within one thousand 31 feet of, the real property comprising a public or private 32 elementary or secondary school, public park, public swimming 33 pool, public recreation center, or on a marked school bus, the 34 person shall serve a minimum term of confinement of ten years 35 -3- LSB 6045YC (3) 84 jm/nh 3/ 7

H.F. _____ unless medically paroled pursuant to section 906.20 . 1 Sec. 5. Section 124.413, subsection 1, Code 2011, is amended 2 to read as follows: 3 1. A person sentenced pursuant to section 124.401, 4 subsection 1 , paragraph “a” , “b” , “c” , “e” , or “f” , shall not 5 be eligible for parole , unless medically paroled pursuant 6 to section 906.20, or until the person has served a minimum 7 period of confinement of one-third of the maximum indeterminate 8 sentence prescribed by law. 9 Sec. 6. Section 708.2A, subsection 6, paragraph b, Code 10 2011, is amended to read as follows: 11 b. A person convicted of violating subsection 4 shall be 12 sentenced as provided under section 902.9, subsection 5 , and 13 shall be denied parole or work release , unless the person is 14 medically paroled pursuant to section 906.20, until the person 15 has served a minimum of one year of the person’s sentence. 16 Notwithstanding section 901.5 , subsections 1, 3, and 5 and 17 section 907.3 , the person cannot receive a suspended or 18 deferred sentence or a deferred judgment; however, the person 19 sentenced shall receive credit for any time the person was 20 confined in a jail or detention facility following arrest. 21 Sec. 7. Section 901A.2, Code 2011, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 9. A person sentenced under this section is 24 eligible for medical parole pursuant to section 906.20. 25 Sec. 8. Section 902.1, Code Supplement 2011, is amended by 26 adding the following new subsection: 27 NEW SUBSECTION . 3. Notwithstanding subsections 1 and 2, 28 a person sentenced under this section is eligible for medical 29 parole pursuant to section 906.20. 30 Sec. 9. Section 902.7, Code 2011, is amended to read as 31 follows: 32 902.7 Minimum sentence —— use of a dangerous weapon. 33 At the trial of a person charged with participating in a 34 forcible felony, if the trier of fact finds beyond a reasonable 35 -4- LSB 6045YC (3) 84 jm/nh 4/ 7

H.F. _____ doubt that the person is guilty of a forcible felony and that 1 the person represented that the person was in the immediate 2 possession and control of a dangerous weapon, displayed a 3 dangerous weapon in a threatening manner, or was armed with a 4 dangerous weapon while participating in the forcible felony 5 the convicted person shall serve a minimum of five years of 6 the sentence imposed by law. A person sentenced pursuant to 7 this section shall not be eligible for parole , unless medically 8 paroled pursuant to section 906.20, or until the person has 9 served the minimum sentence of confinement imposed by this 10 section . 11 Sec. 10. Section 902.8, Code 2011, is amended to read as 12 follows: 13 902.8 Minimum sentence —— habitual offender. 14 An habitual offender is any person convicted of a class “C” 15 or a class “D” felony, who has twice before been convicted of 16 any felony in a court of this or any other state, or of the 17 United States. An offense is a felony if, by the law under 18 which the person is convicted, it is so classified at the time 19 of the person’s conviction. A person sentenced as an habitual 20 offender shall not be eligible for parole , unless medically 21 paroled pursuant to section 906.20, or until the person has 22 served the minimum sentence of confinement of three years. 23 Sec. 11. Section 902.8A, Code 2011, is amended to read as 24 follows: 25 902.8A Minimum sentence for conspiring to manufacture, or 26 delivery of, amphetamine or methamphetamine to a minor. 27 A person who has been convicted for a first violation under 28 section 124.401D shall not be eligible for parole , unless 29 medically paroled pursuant to section 906.20, or until the 30 person has served a minimum term of confinement of ten years. 31 Sec. 12. Section 902.11, unnumbered paragraph 1, Code 2011, 32 is amended to read as follows: 33 A person serving a sentence for conviction of a felony, who 34 has a criminal record of one or more prior convictions for a 35 -5- LSB 6045YC (3) 84 jm/nh 5/ 7

H.F. _____ forcible felony or a crime of a similar gravity in this or any 1 other state, shall be denied parole or work release , unless 2 medically paroled pursuant to section 906.20, or unless the 3 person has served at least one-half of the maximum term of the 4 defendant’s sentence. However, the mandatory sentence provided 5 for by this section does not apply if either of the following 6 apply: 7 Sec. 13. Section 902.12, unnumbered paragraph 1, Code 2011, 8 is amended to read as follows: 9 A person serving a sentence for conviction of the following 10 felonies, including a person serving a sentence for conviction 11 of the following felonies prior to July 1, 2003, shall be 12 denied parole or work release unless the person has served at 13 least seven-tenths of the maximum term of the person’s sentence 14 or the person has been medically paroled pursuant to section 15 906.20 : 16 DIVISION III 17 EFFECTIVE DATE 18 Sec. 14. EFFECTIVE DATE. This Act takes effect January 1, 19 2013. 20 EXPLANATION 21 This bill relates to providing medical parole to a person 22 committed to the custody of the department of corrections. 23 DIVISION I. Under the bill, any person committed to the 24 custody of the department of corrections including offenders 25 serving a mandatory minimum sentence, an enhanced sentence, 26 a sentence which limits the person’s parole eligibility, 27 a class “A” felony sentence, or a sentence under section 28 902.12, may be eligible for medical parole. The bill provides 29 that a person committed to the custody of the department of 30 corrections shall be immediately eligible for medical parole 31 under the following circumstances: (1) the person suffers from 32 a chronic infirmity, physical limitation, serious illness, 33 or serious disease related to aging; (2) the person has an 34 existing medical or physical condition which is permanent and 35 -6- LSB 6045YC (3) 84 jm/nh 6/ 7

H.F. _____ is physically or mentally incapacitating; or (3) the person is 1 terminally ill. 2 If the board of parole orders the person released on medical 3 parole, the department of corrections in cooperation with the 4 board and the judicial district department of correctional 5 services shall determine the level of appropriate supervision 6 of the person. In addition to any other terms and conditions 7 of supervision, a person on medical parole shall have periodic 8 medical evaluations at intervals to be determined by the board 9 of parole at the time of release. 10 The bill also provides that if the board of parole finds a 11 change in circumstances or discovers new information concerning 12 a person who has been released on medical parole, the board may 13 rescind the medical parole or revise the previously granted 14 parole release date. 15 If a person is released on medical parole pursuant to the 16 bill and applies for public assistance, including medical 17 assistance, the department of corrections shall forward 18 the application for assistance to the department of human 19 services, and advise the board of parole that an application 20 for assistance has been made. 21 The bill provides that the department of human services 22 shall, within 60 days of receipt of a medical parolee’s 23 application for assistance, determine the eligibility of the 24 person for general assistance, public assistance, medical 25 assistance, or any type of assistance. 26 The bill also provides that the department of human services 27 is responsible for the administrative costs of the initial and 28 any subsequent eligibility determination and for the costs of 29 any public assistance, including medical assistance, following 30 a person’s release on medical parole for as long as the person 31 is eligible. 32 DIVISION II. The bill amends various Code sections to 33 conform with the changes in division I. 34 DIVISION III. The bill takes effect January 1, 2013. 35 -7- LSB 6045YC (3) 84 jm/nh 7/ 7