SENATE BILL REPORT

SB 6575

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.

Background: Current law sets forth the conditions under which an offender may leave the confines of the Department of Corrections (DOC) before the expiration of the 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 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 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, in which case an alternative type of monitoring must be used. Extraordinary medical placement may be revoked at any time.

Summary of Bill: An offender is eligible for consideration for extraordinary medical placement upon written certification by a DOC-approved licensed treating physician that the offender:

has a serious incapacitating medical need which requires treatment that cannot reasonably be provided while confined in a correctional facility;
is incapacitated by age to the extent that deteriorating physical or mental health substantially diminishes the ability of the inmate to provide self-care in a correctional facility;
is permanently incapacitated as the result of an irreversible injury, disease, or illness which makes significant physical activity impossible; or
suffers from a terminal illness that is predicted to result in death within twelve months.

DOC may transfer an offender to extraordinary medical placement if one of the above conditions exists and the offender has a release plan with adequate living arrangements in the community.

DOC must transfer an offender to extraordinary medical placement if one of the above conditions exists and the offender:

is assessed as a low or moderate risk to reoffend;
is not serving a sentence for a serious violent offense or a violent sex offense; and
has a release plan with adequate living arrangements in the community.

All of the conditions regarding electronic home monitoring and revocation continue to apply.

Staff Summary of Public Testimony: PRO: DOC is in support of this bill. At first look, we think that approximately 40-50 additional offenders would be eligible for release under these provisions.

OTHER: The current statute is too narrow, but we believe this bill goes too far. Offenders who are sentenced to death and to life without the possibility of parole should be excluded. We also do not agree with the provision that requires offenders to be released if they are low or moderate risk. We support DOC keeping some discretion in order to ensure that a bad actor is not released.