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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2017 - 2018
Regular Session
MEMORANDUM
| Posted: | June 27, 2018 04:30 PM |
|---|---|
| From: | Senator Stewart J. Greenleaf |
| To: | All Senate members |
| Subject: | Medical Release of Seriously or Terminally Ill Inmates |
| I am reintroducing Senate Bill 629 of the 2007-08 legislative session which amends the Pennsylvania Board of Probation and Parole Law to provide for an expedited review of parole cases involving seriously or terminally ill inmates. In June 2005 the Joint State Government Commission’s Advisory Committee on Geriatric and Seriously Ill Inmates issued a report making several recommendations concerning older and/or infirmed inmates. My legislation reflects the advisory committee’s recommendation relating to parole of inmates for medical or hospice care. The bill provides for an expedited review by the Board of Probation and Parole of cases where the Department of Corrections has reported that an inmate is seriously or terminally ill, is receiving treatment or hospice care, and presents a minimal risk of re-offending. This legislation encourages the board to consider these cases promptly but should not be construed as entitling an inmate to parole or establishing a presumption in favor of parole. However, if the board does grant parole, the legislation authorizes the board to waive certain pre-parole procedures for the inmate. This legislation does not apply to inmates sentenced to death or life imprisonment. “Serious illness” is defined as a disease or injury, including chronic illness, that requires treatment over a long period of time, is usually not cured and has progressed to the degree that the inmate meets the criteria for nursing facility clinical eligibility. “Terminal illness” means an incurable, irreversible medical condition in an advanced state which will result in death regardless of the continued application of life sustaining treatment and has progressed to the degree that the inmate meets the criteria for nursing facility clinical eligibility. According to Department of Corrections statistics, in 2001, there were 1,892 inmates 55 years of age or older. By September 2017, the number of geriatric inmates more than tripled to 6,458. The Department estimates that the cost of incarceration for geriatric inmates is three to nine times more than it is for younger inmates. As the older inmate population increases, the number of inmates with serious or terminal illnesses increases and strains the facilities and resources of the corrections system. These illnesses often require costly care. At SCI-Laurel Highlands, the average cost per inmate per year is $55,985 ($153.38 per day). The average annual cost overall for an inmate is $46,025 ($126.10 per day). In addition to humanitarian reasons for the medical release of seriously or terminally ill inmates, there is an economic one. Except for when inmates are treated at outside hospitals or released or paroled, they are not eligible for Medicaid or Medicare. As a result, the Commonwealth might realize savings through the release of seriously or terminally ill inmates since federal funds that Pennsylvania otherwise would not receive would become available. |
Introduced as SB1253