A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 17 TO CHAPTER 13, TITLE 24 SO AS TO ESTABLISH THE MEDICALLY RECOMMENDED INTENSIVE SUPERVISION PROGRAM TO BE SUPERVISED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 13, Title 24 of the S.C. Code is amended by adding:

 

Article 17

 

Medically Recommended Intensive Supervision Program

 

    Section 24-13-1710.  (A) The Department of Corrections and the Department of Probation, Parole and Pardon Services shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a medically recommended intensive supervision program that allows an inmate, other than an inmate who is serving a sentence of death or life, or an inmate who is not a citizen of the United States, to be released on medically recommended intensive supervision on a date designated by the Department of Probation, Parole and Pardon Services, if the inmate is identified as:

       (1) being elderly;

       (2) being terminally ill;

       (3) having an intellectual disability or a physical disability;

       (4) having a condition requiring long-term care;

       (5) being in a persistent vegetative state;

       (6) having an organic brain syndrome with significant to total mobility impairment; or

       (7) having another eligible medical condition as prescribed by the Department of Corrections and the Department of Probation, Parole and Pardon Services; and

       (8) it is determined, based upon his condition and a medical evaluation, that the inmate does not pose a threat to public safety.

    (B) Inmates approved and placed in the program shall be under the supervision of agents of the Department of Probation, Parole and Pardon Services. The department shall prepare for an inmate who is approved for release under this article a medically recommended intensive supervision plan that requires the inmate to submit to electronic monitoring, places the inmate on super-intensive supervision, or otherwise ensures appropriate supervision of the inmate.

    (C) The Department of Probation, Parole and Pardon Services shall require as a condition of release under subsection (A) that the releasee remain under the care of a physician and in a medically suitable placement. At least once each calendar quarter, the department shall complete an evaluation of the releasee's medical and placement status. On the basis of the evaluation, the department may modify conditions of release and impose any condition on the releasee that may be imposed on a releasee, including a condition that the releasee resides in a halfway house or community residential facility.

 

    Section 24-13-1720.  The Department of Probation, Parole and Pardon Services may request proposals from public or private vendors to provide, under contract, services for inmates released on medically recommended intensive supervision. A request for proposals under this section may require that the services be provided in a medical care facility.

 

    Section 24-13-1730. (A) The Department of Probation, Parole and Pardon Services shall promulgate regulations that:

        (1) specify the procedures for evaluating the prognosis of inmates who are eligible for medically recommended intensive supervision because of a qualifying medical condition;

        (2) specify the factors, other than an inmate's condition, that are relevant to release an inmate on medically recommended intensive supervision; and

        (3) define what constitutes a threat to public safety and specify the factors that the department must consider when determining whether an inmate constitutes a threat to public safety.

    (B) The procedures described by subsection (A) must:

       (1) require a review of the inmate's condition by at least one healthcare practitioner; and

       (2) require each healthcare practitioner who reviews an inmate's condition to provide the department, before it makes a final determination, a written report on the inmate's condition that:

           (a) is in plain language that is understandable by a nonmedical professional;

           (b) specifically describes how the inmate's condition and treatment for the condition will affect the inmate's cognitive and physical abilities and limitations; and

           (c) contains other information as required by the department.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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