Brief ⁽¹⁾

Sub. for SB 322 establishes a procedure for the early medical release of certain inmates in the custody of the Kansas Secretary of Corrections. Upon application by the Secretary of Corrections or any person convicted of a nonperson crime, the Kansas Parole Board may grant an early medical release to such person. No application for early medical release could be approved unless the Board determines:

• That the person is suffering from a terminal disease or condition;



• A reasonable probability exists that the person will not live to serve the term to which sentenced;



• The person will not pose a threat of harm to the public due to such terminal disease or condition; and



• The person will not violate any law or condition imposed by the Parole Board.

The Kansas Parole Board is required to adopt rules and regulations governing the procedure for approval of applications for early medical release. Requirements are established to provide for notice of the application for early medical release to the prosecuting attorney and judge of the sentencing court; and any victim of the inmate's crime or the victim's family.

If the Parole Board grants an early medical release to an inmate, the Board must notify the Governor of the action. The Governor may reject the Board's approval within 14 days of receipt of the notice; if the Governor rejects the Board's approval, the early medical release shall not be granted.

For those inmates sentenced under sentencing guidelines, provision is made for the inmate to apply to the sentencing court for early medical release. The Supreme Court will adopt rules and regulations governing the procedure for court approval of applications for early medical release of inmates. The sentencing court will follow a procedure similar to that utilized by the Parole Board in reviewing the application for early medical release. The Governor is also authorized to reject the recommendation of the sentencing court, in which case the early medical release will not be granted.

Background

The primary sponsor of the bill, Senator Gooch, spoke in favor of the original bill. Representatives of the Department of Corrections and the Kansas Parole Board offered a number of suggestions to establish a more formal procedure for the granting of early medical releases. As a result of those suggestions, the Senate Committee on Federal and State Affairs introduced the substitute bill.

The fiscal note prepared by the Budget Division on the original bill essentially concluded that the bill would have no fiscal impact on the state agencies involved.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html