HSB 314 (LSB 2789YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON NORDMAN)

A BILL FOR

An Act establishing a medical release program for certain persons committed to the custody of the department of corrections.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  906.20  Medical release.
   1.  For purposes of this section:
   a.  “Board” means the board of parole.
   b.  “Department” means the department of corrections.
   c.  “Incapacitated” means a person who is physically or mentally impaired to such a degree that the person is unable to perform activities of daily living or requires skilled nursing, hospice, or home health care.
   d.  “Medical release” means the board-authorized release from a facility under the control of the department of corrections of a person committed to the custody of the director of the department who has been diagnosed with a terminal illness, a serious medical condition, or who is physically or mentally incapacitated.
   e.  “Serious medical condition” means a disease with an indeterminate prognosis but that is considered end-stage, or the person is incapacitated.
   f.  “Terminal illness” means a disease or condition with a prognosis of death within one year.
   2.  Notwithstanding any other provision of law to the contrary, a person committed to the custody of the director of the department may be eligible for medical release if either of the following apply:
   a.  A licensed medical professional diagnoses the person with a terminal illness with a prognosis of death within one year, or a serious medical condition.
   b.  A licensed medical professional determines that the person is physically or mentally incapacitated.
   3.  The department shall perform an updated risk assessment on a person found to meet the requirements of subsection 2 that evaluates the person’s risk of reoffending.
   4.  The department may identify a person eligible for medical release and file a petition requesting a medical review by the board.
   5.  A petition filed under subsection 4 shall include all of the following:
   a.  Medical documentation of a diagnosis of a terminal illness, a serious medical condition, or physical or mental incapacitation.
   b.  A statement from a licensed medical professional regarding the person’s diagnosis, prognosis, and required level of care.
   c.  Any relevant information concerning the person’s behavior and risk assessment.
   6.  Upon receipt of a petition filed under subsection 4, the board shall do the following:
   a.  Review the petition and all submitted documentation.
   b.  Provide notice of the petition for medical review to all victims of the person. The notice shall inform a victim, as defined in section 915.10, of the right to submit a victim impact statement to the board within fourteen days of receipt of the notice.
   7.  a.  All persons identified by the department for potential medical release shall be interviewed by the board.
   b.  If the person’s condition is such that the person is unable to meaningfully participate in an interview, the person’s case manager or other representative of the department shall be present and shall answer board questions related to the person’s medical condition.
   8.  The board shall make a decision within forty-five days of receiving the petition. The decision shall be based on all of the following:
   a.  The medical condition and prognosis of the person.
   b.  The nature of the offense committed by the person.
   c.  The risk assessment.
   d.  Any other factors the board considers when making a parole release decision.
   9.  All hearings on petitions for medical release are open to the public.
   10.  If the petition is approved by the board, the person shall be released to a suitable care facility or home setting, provided that appropriate supervision and support are available.
   11.  A released person shall be supervised under a release plan that includes the following:
   a.  Medical care and support services.
   b.  Regular check-ins with a designated supervisory officer.
   c.  Any other conditions deemed necessary for the well-being of the person and to ensure public safety.
   12.  a.  The board shall maintain the records of all petitions and decisions regarding medical release.
   b.  The board shall submit an annual report by December 15, 2026, and each year thereafter, to the general assembly detailing the number of petitions received in the previous twelve-month period, the number of persons released, and the outcomes and status of the released persons.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes a medical release program for certain persons committed to the custody of the department of corrections (department).
   The bill provides that a person committed to the custody of the director of the department may be eligible for medical release if a licensed medical professional diagnoses the person with a terminal illness with a prognosis of death within one year or with a serious medical condition, or determines that the person is physically or mentally incapacitated.
   The bill provides that the department may identify a person eligible for medical release and file a petition requesting a medical review by the board of parole (board). The department shall perform an updated risk assessment on a person found to meet the requirements for a medical release that evaluates the person’s risk of reoffending.
   A petition for medical release shall include all of the following: medical documentation of a diagnosis of a terminal illness, a serious medical condition, or physical or mental incapacitation; a statement from a licensed medical professional regarding the person’s diagnosis, prognosis, and required level of care; and any relevant information concerning the person’s behavior and risk assessment.
   Upon receipt of a petition, the board shall review the petition and all submitted documentation, and provide notice of the petition for medical review to all victims of the person. The notice shall inform a victim of the right to submit a victim impact statement to the board within 14 days of receipt of the notice.
   The bill provides that all persons identified by the department for potential medical release shall be interviewed by the board. If the person’s condition is such that the person is unable to meaningfully participate in an interview, the person’s case manager or other representative of the department shall be present.
   Within 45 days of receiving the petition, the board shall make a decision based on all of the following: the medical condition and prognosis of the person; the nature of the offense committed by the person; the risk assessment; and any other factors the board considers when making a parole release decision. All hearings on petitions for medical release are open to the public.
   If the petition is approved by the board, the person shall be released to a suitable care facility or home setting. A released person must be supervised under a release plan that includes the following: medical care and support services; regular check-ins with a designated supervisory officer; and any other conditions necessary for the well-being of the person and to ensure public safety.
   The bill provides that the board shall maintain the records of all petitions and decisions regarding medical release, and must submit an annual report to the general assembly detailing the number of petitions received, the number of persons released, and the outcomes and status of the released persons.