HOUSE DOCKET, NO. 2997        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1628


The Commonwealth of Massachusetts



Timothy J. Toomey, Jr.


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to medical placement of terminal and incapacitated inmates.






Date Added:

Timothy J. Toomey, Jr.

26th Middlesex


Patricia D. Jehlen

Second Middlesex


Chris Walsh

6th Middlesex


David M. Rogers

24th Middlesex


Jay D. Livingstone

8th Suffolk


Brian M. Ashe

2nd Hampden


Marjorie C. Decker

25th Middlesex


Jennifer E. Benson

37th Middlesex


Tricia Farley-Bouvier

3rd Berkshire


Jonathan Hecht

29th Middlesex


James B. Eldridge

Middlesex and Worcester


Ruth B. Balser

12th Middlesex


Claire D. Cronin

11th Plymouth


Kenneth I. Gordon

21st Middlesex


Paul R. Heroux

2nd Bristol


Denise Provost

27th Middlesex


Danielle W. Gregoire

4th Middlesex


Mary S. Keefe

15th Worcester


Tom Sannicandro

7th Middlesex


Steven Ultrino

33rd Middlesex


Michael D. Brady

Second Plymouth and Bristol


Barbara A. L'Italien

Second Essex and Middlesex


Byron Rushing

9th Suffolk


Ellen Story

3rd Hampshire


Kay Khan

11th Middlesex


Paul Brodeur

32nd Middlesex


Michelle M. DuBois

10th Plymouth


Sean Garballey

23rd Middlesex


Sal N. DiDomenico

Middlesex and Suffolk


Benjamin Swan

11th Hampden


HOUSE DOCKET, NO. 2997        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1628

By Mr. Toomey of Cambridge, a petition (accompanied by bill, House, No. 1628) of Timothy J. Toomey, Jr., and others relative to the criteria for the release of terminally ill inmates to alternative locations of confinement.  The Judiciary.


SEE HOUSE, NO. 1359 OF 2013-2014.]


The Commonwealth of Massachusetts



In the One Hundred and Eighty-Ninth General Court



An Act relative to medical placement of terminal and incapacitated inmates.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1: Chapter 127 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 117A, the following new section:-

"Section 117B. The Commissioner of the Department of Correction or a Sheriff may petition a Court of original jurisdiction for an Order permitting the transfer of a terminally ill or permanently incapacitated inmate, as certified by the physician or director of medical care at the correctional facility, to receive medically appropriate care at an alternative location, which shall include  a hospital, nursing facility, hospice program or other setting where the inmate may receive hospice services from an entity licensed pursuant to section 57D of chapter 111, or residential care facility, provided that the transfer is not inconsistent with public safety. The Commissioner or Sheriff shall monitor all individuals transferred under this section and order the return of the inmate to the correctional facility if at any time the physician or director of medical services subsequently determines that the inmate does not have a terminal or permanently incapacitating medical condition, or that care outside the correctional facility is not medically appropriate."