1998 Regular Session
By: Representative Ford
House Bill 513
(As Passed the House)
AN ACT TO REENACT AND AMEND SECTION 47-7-4, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSIONER OR HIS DESIGNEE AND THE CHAIRMAN OF THE PAROLE BOARD OR HIS DESIGNEE SHALL DECIDE IF AN OFFENDER WILL BE PLACED ON MEDICAL RELEASE; TO PROVIDE THAT OFFENDERS, WHO HAVE BEEN CONVICTED OF A CRIME OF VIOLENCE DURING WHICH A DEATH OCCURRED, SHALL NOT BE PLACED ON MEDICAL RELEASE; TO CHANGE FROM JULY 1, 1998, TO JULY 1, 1999, THE DATE ON WHICH THE LAW THAT GOVERNS MEDICAL RELEASE FOR CERTAIN OFFENDERS WILL BE REPEALED; AND FOR RELATED PURPOSES.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 reenacted and amended as follows:
47-7-4. The commissioner or his designee, the Chairman of the Parole Board or his designee 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 or a crime of violence during which a death occurred, on conditional medical release. The commissioner shall not place an offender on conditional 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 conditional medical release shall be supervised by the Community Services Division of the department for the remainder of his sentence. The commissioner or his designee, the Chairman of the Parole Board or his designee and the medical director of the department, by majority vote and upon the recommendation of the classification committee of the department may revoke an offender's conditional medical release. This section shall stand repealed from and after July 1, 1999.
SECTION 2. This act shall take effect and be in force from and after July 1, 1998.