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REFERENCE TITLE: executive clemency board; medical parole |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1478 |
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Introduced by Senators Engel: Bowie, Gonzales, Peshlakai, Shope
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AN ACT
amending title 31, chapter 3, article 2, Arizona Revised Statutes, by adding section 31-419; relating to parole.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 31, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 31-419, to read:
31-419. Medical parole; applicability; monthly reporting
A. Except for prisoners who are sentenced to death or to natural life, the board of executive clemency may release a prisoner on medical parole if the prisoner has been examined by a physician who is licensed pursuant to title 32, chapter 13 or 17 and has received a written diagnosis that includes any of the following:
1. A determination that the prisoner suffers from an incapacitating or debilitating physical, mental or cognitive condition, disease or syndrome.
2. A determination that the prisoner suffers from an extraordinary medical circumstance.
3. A prognosis that the prisoner is terminally ill and is not reasonably expected to live for more than two years.
4. A determination that the prisoner is in deteriorating health due to advancing age.
B. The director of the state department of corrections shall review the written diagnosis and provide input to the board before the board grants a medical parole. The board may not grant a medical parole unless all of the following apply:
1. There is not a substantial probability that the prisoner will violate the law if released.
2. The release of the prisoner is medically appropriate.
3. the release of the prisoner is cost-effective for this state.
4. The release of the prisoner is in the interests of the prisoner's well-being and dignity.
C. The state department of corrections shall prepare a medical parole plan that ensures appropriate supervision, assistance and placement for a prisoner who is released on medical parole.
D. The board shall provide a notice of any sanctions that will attach to a violation of a condition that is placed on a prisoner who is released on medical parole and may place any of the following conditions on the prisoner:
1. Determining the prisoner's placement, supervision and care.
2. Reqiring periodic medical evaluations of the prisoner.
3. Requiring the prisoner to Report information to the board.
E. The board shall require as a condition of medical parole that the prisoner agree to periodic examinations and diagnoses. The examining physician shall submit reports of each examination and diagnosis to the board and the state department of corrections. If the board or the department determines that the prisoner no longer meets the requirements for medical parole, the board may revoke medical parole and return the prisoner to the custody of the department.
F. The state department of corrections shall identify and notify a prisoner who is eligible for medical parole. A prisoner or an interested party on a prisoner's behalf may apply for medical parole by submitting an application form to the state department of corrections. The application must disclose to the prisoner and the prisoner must acknowledge on the application that the prisoner's medical records may become a public record and be discussed in a public forum during a medical parole board hearing.
G. Within two days after receiving an application for medical parole, the state department of corrections shall provide the application to health services and notify the board that an application has been submitted. within two days after receiving an application, Health services shall request that a physician who is licensed pursuant to title 32, chapter 13 or 17 evaluate the prisoner. Within seven days after evaluating a prisoner, The physician shall submit a report on whether the prisoner is eligible for medical parole pursuant to subsection A of this section. If the prisoner is eligible, the physician shall prepare a clinical summary of the prisoner's health status and prognosis. the physician shall submit the clinical summary and prognosis and any pertinent documentation to health services. On receiving the physician's report on the prisoner, health services shall notify the board and append the clinical summary, prognosis and documentation.
H. The board shall hold a hearing on the prisoner's medical parole Within twenty-eight days after the board receives notification from health services or seven days if the prisoner is terminally ill. The board shall ensure that the physician who evaluated the prisoner is available to provide testimony at the medical parole board hearing. The board shall seal a prisoner's medical records.
I. The board may grant a medical parole by one of the following votes:
1. A majority affirmative vote if four or more members consider the action.
2. A unanimous affirmative vote if three members consider the action.
3. A unanimous affirmative vote if two members consider the action pursuant to section 31-401, subsection I and the chairman concurs after reviewing the information considered by the two members.
J. The board shall notify the prisoner or the party who applied on behalf of the prisoner as soon as possible if the board:
1. Grants medical parole.
2. Denies medical parole. If denied, the board shall forward the denied medical parole documentation, including the reasons for the denial, to the state department of corrections and the prisoner or the party who applied on the prisoner's behalf as soon as possible.
K. If the board denies medical parole, the prisoner or the party who applied on the prisoner's behalf may submit a request for reconsideration to the board on the following grounds:
1. New information is available that concerns the prisoner's ELIGIBILITY for medical parole.
2. There was an error or inequity in the prisoner's medical parole proceeding.
L. The state department of corrections shall publish a monthly public report that includes all of the following information:
1. The number and nature of:
(a) Medical parole applications received by the department.
(b) Applications forwarded to health services.
(c) Applications submitted to the board.
2. The classification of applicants.
3. The release reporting provision for prisoners.
4. The recidivism rate of prisoners who are released on medical parole.
5. The adherence with the time limits required by this section.
M. The board shall publish a monthly public report that includes all of the following information on medical parole:
1. The number of Medical parole hearings and the outcomes.
2. The number of revocation notifications and hearing outcomes.
3. the number of reconsideration requests and hearing outcomes.
4. The adherence with the time limits required by this section.
N. All prisoners names and identifying information shall be redacted in the report prescribed by subsections L and M of this section.