(Source: MIRS.news, Published 06/04/2024) Inmates with a life expectancy of 18 months or less can seek medical parole, allowing them to potentially return to loved ones, under legislation the Senate passed Tuesday.
As it stands today, Michigan's parole board could allow an ailing inmate – depending on their sentence – to be admitted into a medical facility it has approved. The law applies to those with disabling mental disorders, like dementia and Alzheimer's, and inmates with a complex medical condition removing their ability to walk, stand or sit without personal assistance.
SB 599, which passed today 22-16, would expand the provision to those with a terminal condition, and would allow them to go to places other than a parole board-approved facility.
Individuals sentenced to imprisonment for life – with convictions related to first degree murder or first degree criminal sexual conduct – could not qualify for a medical parole consideration. Also, if they were convicted of a violation where the state expressly denied parole eligibility, they could not access medical parole.
Sens. Mark Huizenga (R-Walker) and Michael Webber (R-Rochester Hills) joined Democrats in supporting today's SB 599 .
During today's Senate session, Sen. Erika Geiss (D-Taylor) said since the current statute was signed into law, "only one person has been able to be released on medically frail parole."
"The families of loved ones who are incarcerated and medically frail, or terminally ill … many advocacy groups have sought this," Geiss said. "And I will say, it was actually a delight to work with the Department of Corrections on this bill, to make it so some of our most vulnerable incarcerated people are able to, not just be sent to a facility for their parole, but also to be surrounded by their loved ones … (to) end their remaining days in dignity."
Geiss' bill features language stating those released on medical parole – and not admitted into a facility – must be electronically monitored, unless the state's parole board determines monitoring is not necessary for protecting public safety.
The electronic monitoring would be linked to a separate law dealing with "a global positioning monitoring system."
Sens. Ruth Johnson (R-Holly) and Jim Runestad (R-White Lake) both offered unsuccessful amendments to SB 599.
Johnson proposed eliminating language allowing inmates to receive medical parole if they have a "mental health" terminal condition. Furthermore, Runestad's amendment would require those projected to live for less than another 18 months to score low on a validated risk assessment.
Additionally, Runestad's proposal would make medical parole available to those with a recommendation from a health professional to receive hospice services.
"Third, my amendment includes another provision which will ensure that a person who is paroled because of their terminal condition must report to their county prosecutor if they recover (inside) that 18 month timeline," Runestad said. "Yes, this happens. If a parolee beats whatever illness gave them the diagnosis, and then at that point, they should not be allowed to remain on the streets and the prosecutor would be able to reinstate their original penalty."
