SENATE DOCKET, NO. 1417        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 843

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Patricia D. Jehlen

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Patricia D. Jehlen

Second Middlesex

Tricia Farley-Bouvier

3rd Berkshire

Sonia Chang-Diaz

Second Suffolk

Chris Walsh

6th Middlesex

James B. Eldridge

Middlesex and Worcester

Jason M. Lewis

Fifth Middlesex

Aaron Vega

5th Hampden

Mary S. Keefe

15th Worcester

David T. Vieira

3rd Barnstable

Denise Provost

27th Middlesex

William N. Brownsberger

Second Suffolk and Middlesex

Jay R. Kaufman

15th Middlesex

Michael O. Moore

Second Worcester

Barbara A. L'Italien

Second Essex and Middlesex

Gloria L. Fox

7th Suffolk

Ruth B. Balser

12th Middlesex

John F. Keenan

Norfolk and Plymouth

Byron Rushing

9th Suffolk

Cynthia S. Creem

First Middlesex and Norfolk

Sal N. DiDomenico

Middlesex and Suffolk

Ellen Story

3rd Hampshire

Kay Khan

11th Middlesex

Benjamin Swan

11th Hampden

Paul R. Heroux

2nd Bristol

Daniel J. Ryan

2nd Suffolk


SENATE DOCKET, NO. 1417        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 843

By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 843) of Patricia D. Jehlen, Tricia Farley-Bouvier, Sonia Chang-Diaz, Chris Walsh and other members of the General Court for legislation relative to medical placement of terminal and incapacitated inmates.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1359 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

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 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.