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To: Corrections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Simmons (12th)
SENATE BILL NO. 2206
AN ACT TO AMEND SECTION 47-7-4, MISSISSIPPI CODE OF 1972, TO 1
REVISE THE AUTHORITY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS 2
TO PLACE AN OFFENDER ON CONDITIONAL MEDICAL RELEASE; AND FOR 3
RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 47-7-4, Mississippi Code of 1972, is 6
amended as follows: 7
47-7-4. (1) The commissioner and the medical director of 8
the department may place an offender who has served not less than 9
one (1) year of his or her sentence, except an offender convicted 10
of a sex crime, on conditional medical release. However, a 11
nonviolent offender who is bedridden or has a long-term 12
debilitating medical condition may be placed on conditional 13
medical release regardless of the time served on his or her 14
sentence. Upon the release of a nonviolent offender who is 15
bedridden, the state shall not be responsible or liable for any 16
medical costs that may be incurred if such costs are acquired 17
after the offender is no longer incarcerated due to his or her 18
placement on conditional medical release. The commissioner shall 19
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not place an offender on conditional medical release unless the 20
medical director of the department certifies to the commissioner 21
that (a) the offender is suffering from a * * * long-term 22
debilitating medical condition with no possibility of recovery; 23
(b) that his or her further incarceration will serve no 24
rehabilitative purposes; and (c) that the state would incur 25
unreasonable expenses as a result of his or her continued 26
incarceration. Any offender placed on conditional medical release 27
shall be supervised by the Division of Community Corrections of 28
the department for the remainder of his or her sentence and may be 29
placed in the Intensive Supervision Program as provided in Section 30
47-5-1001 et seq. An offender's conditional medical release may 31
be revoked and the offender returned and placed in actual custody 32
of the department if the offender violates an order or condition 33
of his or her conditional medical release. An offender who is no 34
longer bedridden or suffering from a long-term debilitating 35
medical condition shall be returned and placed in the actual 36
custody of the department. 37
(2) (a) The State Parole Board may grant a medical parole 38
and referral to licensed special care facilities for paroled 39
inmates for an inmate determined to be "medically frail" as 40
defined in this subsection. 41
(b) For purposes of this subsection (2), the term 42
"medically frail" means an individual who has a mental or physical 43
medical condition from which he or she, to a reasonable degree of 44
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medical certainty, is not expected to recover and as a result 45
cannot perform daily living activities and who is a minimal threat 46
to society as a result of the mental or physical medical 47
condition. 48
(c) The following conditions apply to a parole granted 49
under this subsection (2): 50
(i) An inmate who has been sentenced to capital 51
punishment is not eligible; 52
(ii) An inmate who has been convicted as a 53
criminal sex offender is not eligible; 54
(iii) An inmate does not pose a public safety risk 55
or risk of flight as determined by the State Parole Board; 56
(iv) If the prisoner is incapacitated as a result 57
of a mental or physical medical condition as prescribed under 58
paragraph (b) of this subsection, an individual legally entitled 59
to agree to the inmate's placement agrees to the inmate's 60
placement in a licensed special care facility for paroled inmates 61
or in a medical facility where medical care and treatment are 62
determined to be appropriate for the parolee by the State Parole 63
Board; 64
(v) An inmate shall agree to the release of his or 65
her medical records that are directly relevant to the condition or 66
conditions rendering the inmate medically frail to any prosecuting 67
attorney of the county from which the inmate was committed before 68
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the State Parole Board determines whether or not to grant parole 69
under this subsection; 70
(vi) If the inmate is granted parole under this 71
subsection (2), the inmate shall agree to the quarterly release of 72
his or her medical records that are directly relevant to the 73
condition or conditions rendering the inmate medically frail at 74
the request of any prosecuting attorney of the county from which 75
the inmate was committed; 76
(vii) The parolee shall adhere to the terms of his 77
or her parole for the length of his or her parole term, and the 78
parole shall be for a term not less than the time necessary to 79
reach the prisoner's earliest release date; 80
(viii) The department or the State Parole Board 81
shall not retain authority over the medical treatment plan for the 82
inmate granted parole under this subsection (2); 83
(ix) The department and the State Parole Board 84
shall ensure that the placement and terms and conditions of parole 85
granted under this subsection (2) do not violate any other state 86
or federal regulations; 87
(x) A facility utilized by the department to 88
facilitate parole under this subsection (2) shall be operated in a 89
manner that ensures the safety of the residents of the facility; 90
(xi) If the inmate recovers from the mental or 91
physical medical condition that rendered the inmate medically 92
frail under this subsection (2), the State Parole Board shall 93
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ST: Conditional medical release; revise
authority of MDOC.
revoke the parole granted under this subsection (2), and the 94
department shall ensure that the inmate returns to incarceration. 95
(d) The Mississippi Department of Corrections may enter 96
into contracts to facilitate the housing of paroled inmates under 97
this subsection (2). The Mississippi Department of Corrections 98
shall appoint a specialist in the appropriate field of medicine, 99
who is not employed by the department, to evaluate the condition 100
of the inmate considered for parole under this subsection (2) and 101
to report on that condition to the department and the State Parole 102
Board. The State Parole Board shall determine whether the inmate 103
is medically frail in consultation with the Mississippi Department 104
of Health. 105
SECTION 2. This act shall take effect and be in force from 106
and after July 1, 2026. 107