SENATE BILL REPORT
EHB 2194
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As Reported by Senate Committee On:
Ways & Means, April 22, 2009
Title: An act relating to extraordinary medical placement for offenders.
Brief Description: Modifying provisions relating to extraordinary medical placement for offenders.
Sponsors: Representative Appleton; by request of Department of Corrections.
Brief History: Passed House: 4/14/09, 51-46.
Committee Activity: Ways & Means: 4/22/09 [DP, DNP, w/oRec].
SENATE COMMITTEE ON WAYS & MEANS |
Majority Report: Do pass.
Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Fairley, Keiser, Kline, Kohl-Welles, McDermott, Murray, Pridemore, Regala and Rockefeller.
Minority Report: Do not pass.
Signed by Senators Carrell, Hewitt and Schoesler.
Minority Report: That it be referred without recommendation.
Signed by Senators Zarelli, Ranking Minority Member; Brandland, Honeyford, Parlette and Pflug.
Staff: Richard Ramsey (786-7412)
Background: Extraordinary Medical Placement. The RCW 9.94A.728 sets forth the conditions under which an offender may leave the confines of the Department of Corrections (DOC) before the expiration of that offender's sentence. An offender may leave before the expiration of his or her sentence as a result of earned early release, an authorized release or a leave of absence, or a transfer to community custody in lieu of earned early release.
In addition, an offender may leave if the DOC authorizes an extraordinary medical placement. An offender must meet the following conditions to become eligible for such a release:
the offender has a medical condition that is serious enough to require costly care treatment;
the offender poses a low risk to the community because the offender is physically incapacitated due to age or the medical condition; and
granting the extraordinary medical placement will result in a cost savings to the state.
Offenders sentenced to death or to life imprisonment without the possibility of release or parole are not eligible for an extraordinary medical placement. Also, the Secretary of the DOC must require electronic monitoring for all offenders in extraordinary medical placement unless the electronic monitoring equipment interferes with the function of the offender's medical equipment or results in the loss of funding for the offender's medical care. Extraordinary medical placement may be revoked at any time.
Summary of Bill: The eligibility conditions for extraordinary medical placement are modified. An offender is eligible if:
the offender has a medical condition that is serious and is expected to require costly care or treatment;
the offender poses a low risk to the community; and
it is expected that granting the extraordinary medical placement will result in a cost savings to the state.
If electronic monitoring interferes with the function of an offender's medical equipment or results in the loss of funding of the offender's medical care, an alternative type of monitoring must be used.
Appropriation: None.
Fiscal Note: Available.
Committee/Commission/Task Force Created: No.
Effective Date: The bill takes effect on August 1, 2009.
Staff Summary of Public Testimony: PRO: This is a DOC request bill and will save approximately $68,000 per offender subject to extraordinary medical placement. This is essentially a furlough program; a furloughed offender is actively supervised by a community corrections officer. If an offender becomes "well" or is no longer affected by the condition that led to the extraordinary medical placement, the offender will be returned to prison.
Persons Testifying: PRO: Ken Taylor, DOC.