MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Penitentiary

By: Representative Ellis, Clarke, Henderson, Howell, Huddleston, Smith (35th), Thomas, Scott (80th)

AN ACT TO CREATE THE MEDICAL RELEASE REVIEW BOARD OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS; TO PROVIDE THE CIRCUMSTANCES BY WHICH THE BOARD MAY CONSIDER AN OFFENDER FOR MEDICAL RELEASE; TO PROVIDE THAT THE MEDICAL RELEASE BOARD SHALL VOTE UNANIMOUSLY TO PLACE AN OFFENDER ON MEDICAL RELEASE; TO PROVIDE THAT VICTIMS SHALL HAVE THE RIGHT TO RECEIVE NOTIFICATION OF AN OFFENDERS CONSIDERATION FOR RELEASE; TO PROVIDE THAT AN OFFENDER MAY NOT BE PLACED ON MEDICAL RELEASE UNLESS HE HAS SERVED AT LEAST ONE YEAR OF HIS SENTENCE; TO PROVIDE THAT DEATH ROW OFFENDERS SHALL NOT BE ELIGIBLE FOR MEDICAL RELEASE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is hereby created the Medical Release Review Board of the Mississippi Department of Corrections, which shall consist of three (3) members: (a) the commissioner, (b) the medical director; and (c) the Chairman of the State Parole Board.

(2) Before the board may consider an offender for medical release, the board must determine that because of the physical condition of the offender: (a) he is incapable of committing a criminal offense or engaging in criminal conduct for the remainder of his sentence and is not likely to pose a serious threat to the health, safety and welfare of the general public; (b) his continued incarceration will serve no rehabilitative purposes; and (c) the state would incur unreasonable expenses as a result of his continued incarceration.

(3) The Medical Release Review Board shall vote unanimously to release an offender under this section.

(4) A victim, guardian of a victim, or close relative of a deceased victim shall receive notification from the Medical Release Board that the offender, who has perpetrated a crime upon such victim, is being considered for medical release. The victim, guardian of the victim, or close relative of the deceased victim shall be informed that he or she has the right to appear before the Medical Release Board prior to the release of the offender. The notification shall be by certified mail with return receipt requested.

(5) An offender may not be placed on medical release unless he has served at least one (1) year of his sentence.

(6) An offender who has been sentenced to death shall not be eligible for medical release.

(7) This section shall stand repealed on July 1, 2003.

SECTION 2. This act shall take effect and be in force from and after its passage.