HOUSE DOCKET, NO. 2042        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 794

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Sean Garballey

_________________

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:

Date Added:

Sean Garballey

23rd Middlesex

1/19/2017

Brian M. Ashe

2nd Hampden

 

Thomas M. Stanley

9th Middlesex

 

Angelo M. Scaccia

14th Suffolk

 

Kenneth I. Gordon

21st Middlesex

 

Jonathan Hecht

29th Middlesex

 

Ruth B. Balser

12th Middlesex

 

David M. Rogers

24th Middlesex

 

Mary S. Keefe

15th Worcester

 

Denise Provost

27th Middlesex

 

James B. Eldridge

Middlesex and Worcester

 

Jay D. Livingstone

8th Suffolk

 

Kay Khan

11th Middlesex

 

Christine P. Barber

34th Middlesex

 

Paul Tucker

7th Essex

 

Smitty Pignatelli

4th Berkshire

 

Jay R. Kaufman

15th Middlesex

 


HOUSE DOCKET, NO. 2042        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 794

By Mr. Garballey of Arlington, a petition (accompanied by bill, House, No. 794) of Sean Garballey and others relative to the criteria for the release of terminally ill inmates to alternative locations of confinement.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1628 OF 2015-2016.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

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."