HB 36

Present law authorizes the commissioner of correction to certify as eligible for parole, a chronically debilitated or incapacitated inmate who meets all of the following requirements:  Is at least 70.  Has served a minimum of five years in custody.  Is not serving a sentence for a violent sexual offense or more than one conviction for first degree murder, or facilitation of first degree murder.  Is not serving a sentence of imprisonment for life without possibility of parole.  Has two sworn statements from physicians, at least one of whom is the department of correction's director of medical services, certifying that the condition of the inmate is chronic, incurable, and will likely result in the inmate's death. This bill rewrites the provisions above to, instead, authorize the commissioner to certify as eligible for parole an inmate who meets all of the following requirements:  Is at least 55.  Has served a minimum of 10 years in custody.  Is not serving a sentence for a violent sexual offense or more than one conviction for first degree murder, or facilitation of first degree murder.  Is not serving a sentence of imprisonment for life without possibility of parole. FURLOUGHS Present law provides that, upon the medical recommendation of the departmental director of medical services, accompanied by a notarized report of the attending physician and the security recommendation of the head of the institution, the commissioner may grant a furlough of indeterminate duration to eligible inmates. However, this provision only applies to inmates who, due to the inmate's chronically debilitated or incapacitated medical condition, have a medical prognosis of mortality within one year or less, or are no longer able to take care of themselves in a prison environment due to severe physical or psychological deterioration. This bill remov es the provision of the inmate no longer being able to care for themselves and, instead, authorizes inmates who are no longer able to perform at least one of the activities of daily living in a prison environment to qualify for furlough due to their medical condition. ON MARCH 9, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 175. AMENDMENT #1 rewrites the bill to, instead, provide all of the following: PAROLE ELIGIBILITY DUE TO DEBILITATION OR INCAPACITATION  By July 1, 2027, and each July 1 thereafter, requires the commissioner of correction to deliver to the chair of the judiciary committee of the senate and the chair of the committee of the house of representatives with jurisdiction over the department of correction a report containing all of the following data with regard to individuals who may be certified eligible for parole for being chronically debilitated or incapacitated as described in the bill summary : o The number of individuals certified as eligible for parole . o The number of individuals granted parole after being certified as eligible . o The number of individuals denied parole after being certified as eligible . o The number of individuals certified as eligible for parole and awaiting a hearing at the end of the reporting period . o The number of individuals who were released . o The number of individuals who were granted parole after being certified as eligible but were not released.  Requires the report to include certain information about the individual and the individual's incarceration, as listed in the amendment.  Requires the report to include department policies regarding medical parole and a copy of the forms used by the department in the medical parole process. FURLOUGH ELIGIBILITY DUE TO DEBILITAT ION OR INCAPACITAT ION  Requires the same reporting as outlined above for inmates eligible for medical furlough of indeterminate duration . Eligible inmates (i) have a medical prognosis of mortality within one year or less or (ii) a re no longer able to take care of themselves in a prison environment due to severe physical or psychological deterioration.