House Bill 654

(As Sent to Governor)

AN ACT TO CREATE SECTION 47-7-4, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE CONDITIONAL MEDICAL RELEASE OF INMATES WITH A PERMANENT PHYSICAL AND MEDICAL CONDITION WITH NO POSSIBILITY OF RECOVERY; TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL SUPERVISE INMATES PLACED ON MEDICAL RELEASE; TO PROVIDE THAT AN INMATE'S MEDICAL RELEASE MAY BE REVOKED; AND FOR RELATED PURPOSES.

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

SECTION 1. The following section shall be codified as Section 47-7-4, Mississippi Code of 1972:

47-7-4. The commissioner and the medical director of the department 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 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 Division of Community Corrections of the department for the remainder of his sentence. An offender's conditional medical release may be revoked and the offender returned and placed in actual custody of the department if the offender violates an order or condition of his conditional medical release.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.