Skip to Content


SENATE DOCKET, NO. 1428         FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1139

 

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 reducing health care costs through extraordinary medical placement.

_______________

PETITION OF:

 

Name:

District/Address:

Patricia D. Jehlen

Second Middlesex

Ellen Story

3rd Hampshire

Sonia Chang-Diaz

Second Suffolk

Benjamin Swan

11th Hampden

Jonathan Hecht

29th Middlesex

Tom Sannicandro

7th Middlesex

Carl M. Sciortino, Jr.

34th Middlesex

Timothy J. Toomey, Jr.

26th Middlesex

Kay Khan

11th Middlesex


SENATE DOCKET, NO. 1428        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1139

By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1139) of Patricia D. Jehlen, Ellen Story, Sonia Chang-Diaz, Benjamin Swan and other members of the General Court for legislation to reduce health care costs through extraordinary medical placement.  Public Safety and Homeland Security. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act reducing health care costs through extraordinary medical placement.
 

              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 126 of the General Laws is hereby amended by inserting after section 39 the following section:-

              Section 40. (a) The court may grant a medical release to a prisoner held on a mandatory sentence in a jail or house of correction upon the court’s determination that the prisoner has an irreversible condition, disease or syndrome that is terminal, debilitating, or incapacitating and that the prisoner’s release will not be incompatible with public safety.

              (b) The authority to grant a medical release rests solely within the discretion of the court. No prisoner has the right to medical release.  Consideration of a prisoner for medical release may be initiated by the sheriff, the superintendent of a house of correction, the superintendent of the jail, special sheriff, a licensed physician, the prisoner, a member of the prisoner’s family, or the prisoner’s attorney.   In determining whether to grant a medical release, the court shall obtain the review of a licensed physician.

              (c)  The sheriff shall facilitate appropriate community placement for prisoners granted a medical release.

              (d) A person granted medical release under this section shall be under the jurisdiction, supervision and control of the court. The department shall impose terms and conditions for such release. The department may revise, alter or amend such terms and conditions at any time.

              SECTION 2.  Chapter 127 of the General Laws is hereby amended by inserting after section 119 the following section:-

              Section 119A. (a) The commissioner may grant a medical release to a prisoner held in a state correctional facility upon the commissioner’s determination that the prisoner has an irreversible condition, disease or syndrome that is terminal, debilitating, or incapacitating and that the prisoner’s release will not be incompatible with public safety.

              (b) The authority to grant a medical release rests solely within the discretion of the commissioner. No prisoner has the right to medical release.  Consideration of a prisoner for medical release may be initiated by the commissioner, the superintendent of a correctional facility, a licensed physician, the prisoner, a member of the prisoner’s family, or the prisoner’s attorney.   In determining whether to grant a medical release, the commissioner shall obtain the review of a licensed physician. The commissioner shall adopt policies and procedures necessary to implement the medical release of prisoners.

              (c)  The commissioner shall facilitate appropriate community placement for prisoners granted a medical release.

              (d) A person granted medical release under this section shall be under the jurisdiction, supervision and control of the department of correction. The department shall impose terms and conditions for such release. The department may revise, alter or amend such terms and conditions at any time.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error