HB1349: relative to medical parole.

HB 1349-FN-LOCAL - AS INTRODUCED

2003 SESSION

03-2091

04/10

HOUSE BILL 1349-FN-LOCAL

AN ACT relative to medical parole.

SPONSORS: Rep. Elliott, Hills 42; Rep. Rowe, Hills 47; Rep. Mock, Carr 4; Rep. J. Pratt, Ches 24; Rep. Wall, Straf 72; Sen. Estabrook, Dist 21

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill allows the parole board in conjunction with the senior physician of the department of corrections, and the governor and council to grant certain prisoners medical parole.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2091

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to medical parole.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Parole of Prisoners; Medical Parole. Amend RSA 651-A by inserting after section 10 the following new section:

651-A:10-a Eligibility for Parole; Medical Parole.

I. Upon the recommendation of the parole board, the senior physician of the department of corrections, and the governor and council, the parole board may grant medical parole to any prisoner residing in a state correctional facility, regardless of the time remaining on his or her sentence, provided all of the following apply:

(a) The prisoner has a terminal, incapacitating, or incurable medical condition, as certified by the senior physician of the department of corrections and, if requested by the parole board or by the governor and council, at least one additional physician.

(b) The cost of medical care and treatment for the prisoner is determined to be excessive.

(c) The parole board, in conjunction with the governor and council, have determined that the prisoner will not be a danger to the public, and that there is a reasonable probability that the prisoner will remain at liberty without violating the law and will conduct himself or herself as a good citizen.

II. The senior physician of the department of corrections, on behalf of a prisoner, may petition the parole board for hearing to determine if the prisoner is eligible for medical parole.

III. The parole board shall adopt rules, pursuant to RSA 541-a, relative to the procedures for reviewing and granting medical parole as set forth in this section.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

03-2091

7/24/03

HB 1349-FN-LOCAL - FISCAL NOTE

AN ACT relative to medical parole.

FISCAL IMPACT:

The Department of Corrections stated this bill will reduce state general fund expenditures by $124,330 in FY 2005 and each year thereafter. The Department of Health and Human Services stated this bill will result in an indeterminable increase in state revenue and expenditures and county expenditures. There will be no fiscal impact on state, county and local revenue or local expenditures.

METHODOLOGY:

The Department of Health and Human Services assumed the prisoners considered by this bill would be eligible for Medicaid nursing home level of care and that beds would be available in the county nursing homes. The Department further assumed this bill would become effective in FY 2005. The Department indicated the average rate of Medicaid nursing home reimbursement, after patient liability, is $101.50. The cost per person per year would be as follows:

FY 2005 FY 2006

Daily rate $101.50 $101.50

Annual Cost (365 days) $37,047 $37,047

Federal Share 50% $18,523 $18,523

State Share 25% $ 9,261 $ 9,261

County Share 25% $ 9,261 $ 9,261

The Department can not determine the total fiscal impact since the number of prisoners eligible to participate in the medical parole program is unknown.

The Department of Corrections assumed that based on the current prison population there would be five inmates who would qualify for the program. The average annual cost of incarceration in FY 2002 was $24,866. The resulting savings to the state would be $124,330 per year.

LBAO

03-2091

7/24/03

Page 2

The New Hampshire Association of Counties is not able to determine the fiscal impact that this legislation would have on the counties or what the county responsibilities would be