Offender Release from Custody

Under current law, a sheriff may allow an individual to choose to stay in jail overnight after release when extenuating circumstances exist. The bill states it is an extenuating circumstance to facilitate a connection to a service provider. If a defendant remains in jail overnight, the defendant must be released by 10 a.m. the next morning.

Under current law, there is a distinction for those who are 55 years of age or older, and for those under that age with certain medical conditions, for special needs parole. The bill changes that distinction. The bill makes an inmate eligible for special needs parole if the inmate is 55 years of age or older and suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function. The bill makes an inmate eligible for special needs parole if the inmate is under 55 years of age and suffers from a diagnosed severe cognitive impairment or serious impairment that limits the person's ability to function; has served at least 25% of the inmate's sentence if the inmate is eligible for parole after serving 50% of their sentence including earned time; has served at least 35% of the inmate's sentence if the inmate is eligible for parole after serving 75% of their sentence including earned time; has served at least 40% of the inmate's sentence if the inmate is eligible for parole after serving 75% of the sentence or 10 years imprisonment, whichever is shorter ; or has been diagnosed by a licensed health-care provider as having a terminal illness that is irreversible, unlikely to be cured, and likely to cause death; and has not incurred a class I code of penal discipline violation within the 12 months before the date of the application for special needs parole. A person who is 64 years of age or older and has served at least 20 years of the person's sentence and was not convicted of a class 1 or class 2 felony, unlawful sexual behavior, a crime that includes domestic violence, or stalking is eligible for special needs parole . The bill makes a person eligible for special needs parole if the person has a condition such as advanced or metastatic cancer; end-stage renal disease; end-stage chronic obstructive pulmonary disorder; end-stage heart disease; end-stage liver disease; progressive neurodegenerative disease such as Huntington's disease, Parkinson's disease, and amyotrophic lateral sclerosis; intractable seizure disorder; severe dementia; or Alzheimer's disease. The bill provides that when a health-care provider who is providing care or recently provided care to the person makes a determination that the person's medical condition meets the standard for special needs parole, then a referral must be made to the parole board.

The department of corrections is required to include in each contract with a licensed health-care provider involved in providing patient care to an inmate a requirement that the provider screen each patient for eligibility for special needs parole.

The bill requires legislative council staff to conduct a study of options for releasing aging and seriously ill offenders from secure custody to appropriate care or placing offenders in alternative programs that can better provide the offender's needed medical care.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)