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.
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