Inmate medical parole.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0088

ENROLLED ACT NO. 54, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to sentence and imprisonment; authorizing parole for inmates with serious medical needs as specified; specifying conditions that must exist to qualify for medical parole; requiring findings; requiring notice to the prosecuting attorney and sentencing judge; specifying terms of
parole
; authorizing revocation of medical parole as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 7
‑
13
‑
424 is created to read:

7
‑
13
‑
424.

Medical parole; conditions.

(a)

Notwithstanding any other provision of law restricting the grant of parole, e
xcept
for inmates sentenced to death or life imprisonment without parole
, the board may grant a medical parole to any inmate meeting the conditions specified in this section. The board shall consider a medical parole upon receipt of written certification by a licensed treating physician that, within a reasonable degree of certainty, one (1) of the following circumstances exist:

(i)

The inmate has a serious
incapacitating
medical need which requires treatment that cannot reasonably be provided while confined in a state correctional facility;

(ii)

The inmate is incapacitat
ed
by age to the extent that deteriorating physical or mental health substantially diminishes the ability of the inmate to provide self-care within the environment of a correctional facility;

(iii)

The inmate is permanently physically incapacitated as the result of an irreversible injury, disease or illness which makes significant physical activity impossible, renders the inmate dependent on permanent medical intervention for survival or confines the inmate to a bed, wheelchair or other assistive device where his mobility is significantly limited; or

(iv)

The inmate suffers from a terminal illness caused by injury or disease which is predicted to result in death within twelve (12) months of the application for parole.

(b)

The board may only grant a medical parole if it first determines:

(i)

That, based on a review of all available information, one (1) or more of the conditions specified in subsection (a) of this section exists;

(ii)

That the inmate is not likely to abscond or violate the law if released;

(iii)

That living arrangements are in place in the community and sufficient resources are available to meet the inmate's living and medical needs and expenses
; and

(iv)

That the inmate does not have a medical condition that would endanger public health, safety or welfare if the inmate were released, or that the inmate's proposed living arrangements would protect the public health, safety or welfare from any threat of harm the inmate's medical condition may pose.

(c)

Upon the board's request, an independent medical evaluation by a licensed physician shall be conducted, provided to the board and paid for by the department.

(d)

The board shall provide the prosecuting attorney and the sentencing
court
with prior notice of, and the opportunity to provide input regarding, a medical parole hearing for an inmate who is otherwise ineligible for parole.

(e)

The board shall impose terms and conditions of parole as it deems necessary, including but not limited to requiring periodic medical progress reports
at intervals of not more than six (6) months
, in granting a medical parole. A medical parole may be revoked if the parolee violates a condition of parole or if the medical condition which was the basis for the grant of parole no longer exists or has been ameliorated to the extent that the justification for medical parole no longer exists.

Section 2.

W.S. 7
‑
13
‑
401(a)(intro), 7
‑
13
‑
402(e)(intro) and (g), 7
‑
13
‑
407(a)(i) and 7
‑
13
‑
418(a)(intro) are amended to read:

7
‑
13
‑
401.

Definitions; creation of board; officers; compensation; hearing panels; meetings.

(a)

As used in W.S. 7
‑
13
‑
401 through
7
‑
13
‑
421
7
‑
13
‑
424
:

7
‑
13
‑
402.

General powers and duties of board; eligibility for parole; immunity.

(e)

The board may adopt reasonable rules and regulations necessary to carry out the functions assigned to the board by W.S. 7
‑
13
‑
401 through
7
‑
13
‑
421
7
‑
13
‑
424
including rules relating to:

(g)

Notwithstanding W.S. 1
‑
39
‑
101 through 1
‑
39
‑
119, the board and its members are immune from any liability, either as a board or individually, for any actions, inactions or omissions by the board or any member thereof, pursuant to W.S. 7
‑
13
‑
401 through
7
‑
13
‑
421
7
‑
13
‑
424
.

7
‑
13
‑
407.

Duties of probation and parole agents.

(a)

Under direction and supervision of the director, probation and parole agents shall:

(i)

Except as otherwise directed by the director, devote full time to the performance of their duties in carrying out the provisions of W.S. 7
‑
13
‑
401 through
7
‑
13
‑
421
7
‑
1
3
‑
424
;

7
‑
13
‑
418.

Selection, training and powers of local volunteer; compensation.

(a)

In order to further the objectives of W.S. 7
‑
13
‑
401 through
7
‑
13
‑
421
7
‑
13
‑
424
, the state probation and parole officer may select, organize and train local volunteer citizens who, acting under his supervision, may:

Section 3.

This act is effective July 1, 2008.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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