PREFILED DEC 21 2023
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REFERENCE TITLE: executive clemency; medical confinement release |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2082 |
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Introduced by Representatives Hendrix: Cook
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An Act
amending title 31, chapter 3, article 2, Arizona Revised Statutes, by adding section 31-419; relating to prisoners.
(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 confinement release; eligibility; plan; application; hearing
A. Except for prisoners who are sentenced to death or to natural life, the board of executive clemency may release a prisoner on medical confinement 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 incurable and incapacitating or debilitating physical, mental or cognitive condition, disease or syndrome. For the purposes of this paragraph, an incurable and incapacitating or debilitating physical, mental or cognitive condition, disease or syndrome substantially diminishes the ability of a prisoner to provide self-care within the environment of a correctional facility.
2. A determination that the prisoner suffers from an incurable and extraordinary medical circumstance. For the purposes of this paragraph, an incurable and extraordinary medical circumstance occurs when the prisoner needs medical care or treatment that cannot be adequately addressed in a correctional facility.
3. A prognosis that the prisoner is terminally ill with a condition or disease with an end-of-life trajectory of one year or less.
4. A determination that the prisoner is seventy-five years of age or older and is in irreversible 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 medical confinement.
C. The board may not grant medical confinement 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.
D. The state department of corrections shall prepare a medical confinement plan that ensures appropriate supervision, assistance and placement for a prisoner who is on medical confinement.
E. The board shall provide notice of any sanctions that will attach to a violation of a condition that is placed on a prisoner who is released on medical confinement and shall place all of the following conditions on the prisoner:
1. Determining the prisoner's placement, supervision and care.
2. Requiring periodic medical evaluations of the prisoner.
3. Requiring the prisoner to Report information to the board.
F. A prisoner or an interested party on a prisoner's behalf may apply for medical confinement by submitting an application 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 confinement board hearing.
G. Within ten days after receiving an application for medical confinement, the state department of corrections shall provide the application to the department's medical services and notify the board that an application has been submitted. within ten days after receiving an application, the department's medical 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 confinement 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 the department's medical services. On receiving the physician's report on the prisoner, the department's medical 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 confinement Within twenty-eight days after the board receives notification from the state department of corrections medical services. The board shall ensure that the physician who evaluated the prisoner is available to provide testimony at the medical confinement board hearing. The board shall seal a prisoner's medical records.
I. The board may grant medical confinement by either of the following votes:
1. A majority affirmative vote if three or more members consider the action.
2. 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 confinement.
2. Denies medical confinement. If denied, the board shall forward the denied medical confinement 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 confinement, the prisoner or the party who applied on the prisoner's behalf may submit a request for reconsideration to the board within twenty-four months after the denial, if new information becomes available that concerns the prisoner's ELIGIBILITY for medical confinement.