AMENDMENT FOR PRINTED BILL
1109oa
___________________ moved that HB 1109 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That the code be amended by adding a NEW SECTION to read:
Notwithstanding any contrary provision in chapter 24-13, 24-15, or 24-15A, an inmate who:
(1) Has a terminal illness;
(2) Is seriously ill and not likely to recover;
(3) Requires extensive medical care or significant chronic medical care;
(4) Is at least sixty-five years of age, has served at least ten consecutive years of the inmate's
sentence incarcerated, whose current sentences are for convictions of a Class 1 felony or
below and whose medical care needs exceed the average need and cost of the inmate
population; or
(5) Is at least seventy years of age and has served at least thirty consecutive years of the
inmate's sentence incarcerated and is not serving a capital punishment sentence;
is eligible for compassionate parole consideration.
Section 2. That the code be amended by adding a NEW SECTION to read:
The secretary of corrections may consider referrals for compassionate parole consideration from
the inmate's health care provider or the warden. If the secretary determines the inmate meets the
criteria for compassionate parole consideration as set forth in section 1 of this Act, the secretary may
refer the inmate for a compassionate parole hearing. The executive director of the Board of Pardons
and Paroles shall schedule a discretionary, compassionate parole hearing with the board within three
months of receipt of the referral.
Section 3. That the code be amended by adding a NEW SECTION to read:
The Board of Pardons and Paroles shall consider the following factors in determining the grant
or denial of a compassionate parole:
(1) The inmate's assessed risk level;
(2) The inmate's conduct in prison;
(3) The inmate's conduct while on extended confinement, if applicable;
(4) Sentence served and sentence remaining;
(5) Offense and chronicity of criminal behavior;
(6) Prognosis and incapacitation level;
(7) The inmate's compliance with medical care ordered by a health care provider;
(8) Release plan including provisions for medical care;
(9) Input, if any, of the sentencing judge, the prosecuting attorney, and the victim;
(10) If the care and supervision that the inmate requires and is anticipated to require can be
provided in a more medically appropriate or cost effective manner than the Department
of Corrections; and
(11) Allowing a geriatric or terminally ill person to live at a location outside of prison prior to
death.
Section 4. That the code be amended by adding a NEW SECTION to read:
An inmate may not be released on compassionate parole if the inmate meets the eligibility
requirements of a medically indigent person under the provisions of chapter 28-13. In order to be
released on compassionate parole, the inmate's release plan shall effectively address arrangements
for medical care, which may include Medicare, Medicaid, Indian Health Services, veteran's
assistance, private insurance, or self-pay arrangements.
Section 5. That the code be amended by adding a NEW SECTION to read:
The board may grant or deny a compassionate parole. If denied the board shall set the date for
the next consideration of compassionate parole not to exceed one year. The board may elect to
review the inmate sooner than one year. If the inmate no longer meets the criteria for compassionate
parole as set forth in section 1 of this Act, the inmate's health care provider or the warden shall notify
the secretary of corrections. The secretary may remove the inmate from compassionate parole
consideration. An inmate removed from compassionate parole consideration is subject to applicable
parole provisions under chapters 24-13, 24-15, and 24-15A notwithstanding the provisions of this
Act or a pending compassionate parole hearing. If an inmate is released on compassionate parole and
is compliant with the terms of the inmate's supervision, no longer meeting the criteria for
compassionate parole does not constitute grounds for parole revocation.
Section 6. That the code be amended by adding a NEW SECTION to read:
An inmate is ineligible for compassionate parole once the inmate reaches the parole eligibility
date pursuant to § 24-15-5 or the inmate's initial parole date pursuant to § 24-15A-32. However, if
the inmate continues to meet the criteria for compassionate parole consideration as outlined in
section 1 of this Act the factors listed in section 3 of this Act shall be considered in any subsequent
discretionary parole release decision.
Section 7. That the code be amended by adding a NEW SECTION to read:
An inmate granted compassionate parole is subject to the provisions of chapters 24-13, 24-15,
and 24-15A, including the provisions related to supervision, early final discharge, and revocation of
parole, so far as those provisions are consistent with this Act.
Section 8. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act or its application may be the basis for establishing a constitutionally
protected liberty, property, or due process interest in any prisoner. An inmate is not entitled to
compassionate parole or to be considered for compassionate parole. Compassionate parole may be
recommended by the secretary and granted by the board if, in the judgement of the secretary and the
board, the inmate meets the eligibility criteria for compassionate parole pursuant to section 1 of this
Act and a compassionate parole release is unlikely to pose a detriment to the offender, victim, or
community. The decision of the board regarding a compassionate parole is final.
Section 9. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act or its application impacts the ability of the warden and the secretary of
corrections to place an inmate on extended confinement pursuant §§ 24-2-25 and 24-2-27 or to place
the inmate on extended confinement pending compassionate parole consideration.
Section 10. That the code be amended by adding a NEW SECTION to read:
Pursuant to chapter 1-26, the board may promulgate procedural rules for the effective
enforcement of this Act and for the exercise of the powers and duties conferred upon it.
Section 11. That § 24-15-4 be amended to read:
24-15-4. No inmate sentenced to life imprisonment is eligible for parole by the Board of Pardons
and Paroles except as provided in this Act.
Section 12. That § 24-15A-32 be amended to read:
24-15A-32. Each inmate sentenced to a penitentiary term, except those under a sentence of life
or death, or determined to be ineligible for parole as authorized in § 24-15A-32.1, shall have an
initial parole date set by the department. This date shall be calculated by applying the percentage
indicated in the following grid to the full term of the inmate's sentence pursuant to § 22-6-1. The
following crimes or an attempt to commit, or a conspiracy to commit, or a solicitation to commit,
any of the following crimes shall be considered a violent crime for purposes of setting an initial
parole date: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree,
or burglary in the second degree if committed before July 1, 2006, arson, kidnapping, felony sexual
contact as defined in §§ 22-22-7 and 22-22-19.1, child abuse, felony sexual contact as defined in
§ 22-22-7.2, felony stalking as defined in §§ 22-19A-2 and 22-19A-3, photographing a child in an
obscene act, felony assault as defined in § 22-18-26, felony simple assault as defined in § 22-18-1,
commission of a felony while armed as defined in §§ 22-14-12 and 22-14-13.1, discharging a firearm
at an occupied structure or motor vehicle as defined in § 22-14-20, discharging a firearm from a
moving vehicle as defined in § 22-14-21, criminal pedophilia as defined in § 22-22-30.1, threatening
to commit a sexual offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined
in § 22-46-2, and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1:
|
Felony Convictions
|
|
Felony Class
|
First
|
Second
|
Third
|
|
Nonviolent
|
|
|
|
|
Class 6
|
.25
|
.30
|
.40
|
|
Class 5
|
.25
|
.35
|
.40
|
|
Class 4
|
.25
|
.35
|
.40
|
|
Class 3
|
.30
|
.40
|
.50
|
|
Class 2
|
.30
|
.40
|
.50
|
|
Class 1
|
.35
|
.40
|
.50
|
|
Class C
|
.35
|
.40
|
.50
|
|
Violent
|
|
|
|
|
Class 6
|
.35
|
.45
|
.55
|
|
Class 5
|
.40
|
.50
|
.60
|
|
Class 4
|
.40
|
.50
|
.65
|
|
Class 3
|
.50
|
.60
|
.70
|
|
Class 2
|
.50
|
.65
|
.75
|
|
Class 1
|
.50
|
.65
|
.75
|
|
Class C
|
.50
|
.65
|
.75
|
|
Class B
|
1.0
|
1.0
|
1.0
|
|
Class A
|
1.0
|
1.0
|
1.0
|
Each inmate shall serve at least sixty days prior to parole release. Inmates with life sentences are
not eligible for parole
except as provided in this Act. An initial parole date through the application
of this grid may be applied to a life sentence only after the sentence is commuted to a term of years.
A Class A or B felony commuted to a number of years shall be applied to the Class C violent column
of the grid. An inmate convicted of a Class A or B felony who was a juvenile at the time of the
offense and receives a sentence of less than life shall be applied to the Class C violent column of the
grid.
Section 13. That chapter 24-15A be amended by adding a NEW SECTION to read:
An inmate on parole through a compassionate parole release is ineligible for earned discharge
credits until the inmate reaches an initial parole date pursuant § 24-15A-32 or an initial parole
eligibility date pursuant to § 24-15-5.
Section 14. That chapter 24-15A be amended by adding a NEW SECTION to read:
If an inmate on parole through a compassionate parole release has the inmate's parole revoked,
a subsequent consideration of compassionate parole on the same sentence requires a new referral for
consideration pursuant to section 2 of this Act.
Section 15. That the code be amended by adding a NEW SECTION to read:
As a condition of compassionate parole release, any inmate released pursuant to subdivision (1)
to (4), inclusive, of section 1 of this Act shall be compliant with medical care."