The Secretary of the Department of Corrections (DOC) may authorize an extraordinary medical placement (EMP) and transfer an offender to an alternative care setting outside of DOC if:
Offenders authorized for an EMP must be placed on electronic monitoring unless the monitoring equipment interferes with the function of medical equipment or results in the loss of funding for the offender's medical care, in which case, alternative monitoring must be used. An EMP can be revoked at any time. Persistent offenders and offenders sentenced to life imprisonment without the possibility of release or parole are not eligible for EMP.
DOC has policies establishing criteria and procedures for referring, screening, placing, and monitoring individuals who are eligible for EMP. Per policy, the individual must be seriously ill or have a medical condition that is physically or mentally debilitating or incapacitating, rendering the individual unable or unlikely to engage in activities of daily living without assistance, perform gainful employment, and participate in criminal behavior.
Since 1999, the Secretary of DOC has been required to report annually to the Legislature on:
Based on these annual reports, as of October 2022, during the prior year, 44 incarcerated individuals were considered for EMP and two were granted. In 2020, 75 incarcerated individuals were considered for EMP and four were granted. In 2019, 32 incarcerated individuals were considered for EMP and zero were granted.
Eligibility criteria for EMP is expanded to include chronic medical conditions. Restrictions limiting eligibility based on current or expected physical incapacitation due to age or the individual's medical condition are removed.
When an incarcerated individual is granted an EMP, electronic monitoring may be waived if the monitoring equipment is detrimental to the individual’s health or prevents the individual, as certified by the individual's treating physician, from being independently mobile.
References to offender are replaced with incarcerated individual.