Budget Amendment ID: FY2015-S4-113

JUD 113

Authorizing Criteria for the Release of Terminally Ill Inmates to Alternative Locations of Confinement

Mr. Brownsberger and Ms. Jehlen moved that the proposed new text be amended moved that the bill be amended  by inserting the following new section:-

SECTION X: Chapter 127 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after section 117A, the following new section:-

“117B. Terminally Ill Inmates.

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 inmate, as certified by the physician or director of medical care at the correctional facility, to receive medically appropriate care at an alternative location of confinement, which shall include a hospital, nursing facility, residential care facility, hospice program or other setting where the inmate may receive hospice services from an entity licensed pursuant to section 57D of chapter 111; provided that the Commissioner or Sheriff shall 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 medical condition, or that care outside the correctional facility is not medically appropriate.”