Arkansas § 12-29-404 Medical parole for a terminal illness or permanent incapacitation - Definitions

Arkansas Statutes

§ 12-29-404 — Medical parole for a terminal illness or permanent incapacitation - Definitions

(a)As used in this section:

(1)"Permanently incapacitated" means, as determined by a licensed physician, that an inmate:

(A)Has a medical condition that is not necessarily terminal but renders him or her permanently and irreversibly incapacitated; and (B) Requires immediate and long-term care; and (2) "Terminally ill" means, as determined by a licensed physician, that an inmate:

(A)Has an incurable condition caused by illness or disease; and (B) Will likely die within two (2) years due to the illness or disease.

(b)The Director of the Division of Correction or the Director of the Division of Community Correction shall communicate to the Post-Prison Transfer Board when, in the independent opinions of either a Division of Correction physician or Division of Community Correction physicia

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(a) As used in this section: (1) "Permanently incapacitated" means, as determined by a licensed physician, that an inmate: (A) Has a medical condition that is not necessarily terminal but renders him or her permanently and irreversibly incapacitated; and (B) Requires immediate and long-term care; and (2) "Terminally ill" means, as determined by a licensed physician, that an inmate: (A) Has an incurable condition caused by illness or disease; and (B) Will likely die within two (2) years due to the illness or disease. (b) The Director of the Division of Correction or the Director of the Division of Community Correction shall communicate to the Post-Prison Transfer Board when, in the independent opinions of either a Division of Correction physician or Division of Community Correction physician, and a consultant physician in Arkansas, an inmate is either terminally ill or permanently incapacitated and should be considered for transfer to parole supervision or post-release supervision. (c) (1) Upon receipt of a communication described in subsection (b) of this section, the board shall assemble or request all such information as is germane to determine whether the inmate is eligible under this section for immediate transfer to parole or post-release supervision. (2) If the facts warrant and the board is satisfied that the inmate's physical condition makes the inmate no longer a threat to public safety, the board may approve the inmate for immediate transfer to parole or post-release supervision. (d) An inmate is not eligible for parole or transfer to post-release supervision under this section if he or she is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and: (1) The inmate is assessed as a Level 3 offender or higher; or (2) A victim of one (1) or more of the inmate's sex offenses was fourteen (14) years of age or younger. (e) The board may revoke a person's parole or post-release supervision granted under this section if the person's medical condition improves to the point that he or she would initially not have been eligible for parole or post-release supervision under this section.

Arkansas § 12-29-404 (Medical parole for a terminal illness or permanent incapacitation - Definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Amended by Act 2023, No. 659,§ 111, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 110, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 109, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 108, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 805, eff. 7/1/2019. Acts 1893, No. 76, § 35, p. 121; C. & M. Dig., § 9666; Pope's Dig., § 12706; A.S.A. 1947 § 46-152; Acts 1991, No. 771, § 1; 1995, No. 290, § 1; 2011, No. 570, § 75.