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Bill

Bill

HSB 314

A bill for an act establishing a medical release program for certain persons committed to the custody of the department of corrections.

2025-2026 Regular Session

Creates a supervised medical release pathway for inmates with terminal illness or incapacitation, with open hearings, victim input, post-release care, and annual reporting.

Committee vote: Yeas, 20. Nays, 0. Excused, 1.
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Bill Summary · HSB 314

Summary: HSB 314 — Medical Release Program for Certain Inmates

Overview

HSB 314 aims to create a medical release program for individuals committed to the custody of the Department of Corrections (DOC) who have a terminal illness, a serious medical condition, or physical/mental incapacitation. The program would allow eligible inmates to be released to a suitable care facility or home setting under a structured release plan and supervision, with the goal of balancing compassionate medical needs and public safety.

Purpose and Intent

  • Provide a formal pathway for medical release for inmates whose medical prognosis indicates limited life expectancy or significant incapacity.
  • Ensure releases are carefully reviewed, transparent, and subject to supervision and ongoing medical and social support.

Key Provisions

  • Documentation Required for Medical Release Petition

    • Medical documentation of a terminal illness, serious medical condition, or physical/mental incapitation.
    • A statement from a licensed medical professional regarding diagnosis, prognosis, and required level of care.
    • Any relevant information about the person’s behavior and risk assessment.
  • Notification and Victim Involvement

    • Upon receipt of a petition, a medical review board reviews the petition and all documentation.
    • Notice of the petition for medical review must be given to all victims of the person.
    • Victims have the right to submit a victim impact statement to the board within 14 days of notice.
  • Interviews and Participation

    • All persons identified by the department as potential candidates for medical release must be interviewed by the board.
    • If the person cannot meaningfully participate in an interview due to condition, the person’s case manager or another department representative may be present.
  • Decision Timeline and Criteria

    • The board must make a decision within 45 days of receiving the petition.
    • Decisions weigh: medical condition and prognosis; nature of the offense; risk assessment; and other factors the board considers in parole decisions.
  • Public Hearings and Transparency

    • All hearings on petitions for medical release are open to the public.
  • Release and Supervision

    • If approved, the person is released to a suitable care facility or home setting.
    • A release plan must include: medical care and support services; regular check-ins with a designated supervisory officer; and any other conditions necessary for the well-being of the person and public safety.
  • Recordkeeping and Reporting

    • The board must maintain records of all petitions and decisions related to medical release.
    • An annual report detailing these activities must be submitted to the General Assembly.

Who Would Be Affected

  • Inmates identified by the DOC as potential candidates for medical release.
  • Victims of the inmates, who would receive notice and may submit impact statements.
  • DOC and the medical review board, along with supervising officers and service providers involved in post-release care.

Procedural and Timeline Aspects

  • Introduced March 6, 2025; referred to Health and Human Services.
  • Subcommittee composition: Nordman, Barker, and Wessel-Kroeschell.
  • Key timeline: 45-day decision window from petition receipt; open hearings; annual reporting to the General Assembly.

Potential Impacts

  • Creates a formal, transparent avenue for compassionate release while maintaining safety.
  • Requires resources for post-release supervision, medical care coordination, and reporting.
  • Could affect inmate population dynamics and DOC planning for medical end-of-life or incapacitated cases.

Compiled from official sources — confirm details with the bill’s official record.

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