MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Penitentiary

By: Representative Malone

AN ACT TO AMEND SECTION 47-7-4, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY OFFENDER RELEASED UNDER MEDICAL RELEASE SHALL BE UNDER THE SUPERVISION OF THE COMMUNITY SERVICES DIVISION OF THE DEPARTMENT OF CORRECTIONS; TO PROVIDE THAT AN OFFENDER ON MEDICAL RELEASE MAY BE REMOVED FROM THE MEDICAL RELEASE PROGRAM UPON RECOMMENDATION BY THE CLASSIFICATION COMMITTEE OF THE DEPARTMENT OF CORRECTIONS; TO EXTEND FROM JULY 1, 1997, TO JULY 1, 1998, THE DATE ON WHICH THE MEDICAL RELEASE PROGRAM WILL BE REPEALED; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 47-7-4, Mississippi Code of 1972, is amended as follows:

47-7-4. The commissioner, a member of the board and the medical director of the department, by majority vote, may place an offender who has served not less than one (1) year of his sentence, except an offender convicted of a sex crime, on medical release. The commissioner shall not place an offender on medical release unless the medical director of the department certifies to the commissioner that (a) the offender is suffering from a significant permanent physical medical condition with no possibility of recovery; (b) that his further incarceration will serve no rehabilitative purposes; and (c) that the state would incur unreasonable expenses as a result of his continued incarceration. Any offender placed on medical release shall be supervised by the Community Services Division of the Department of Corrections for the remainder of his court imposed sentence. The commissioner, a member of the Parole Board and the medical director of the department, by majority vote and upon the recommendation of the classification committee of the department, may remove an offender from the medical release program. This section shall stand repealed from and after July 1, 1998.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.