State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1369

Article 84B.

Medical Release ofInmates.

§ 15A‑1369. Definitions.

For purposes of this Article,the term:

(1)        "Commission"means the Post‑Release Supervision and Parole Commission.

(2)        "Department"means the Department of Correction.

(3)        "Geriatric"describes an inmate who is 65 years of age or older and suffers from chronicinfirmity, illness, or disease related to aging that has progressed such thatthe inmate is incapacitated to the extent that he or she does not pose a publicsafety risk.

(4)        "Inmate" meansany person sentenced to the custody of the Department of Correction.

(5)        "Medicalrelease" means a program enabling the Commission to release inmates whoare permanently and totally disabled, terminally ill, or geriatric.

(6)        "Medicalrelease plan" means a comprehensive written medical and psychosocial careplan that is specific to the inmate and includes, at a minimum:

a.         The proposed courseof treatment;

b.         The proposed sitefor treatment and post‑treatment care;

c.         Documentation thatmedical providers qualified to provide the medical services identified in themedical release plan are prepared to provide those services; and

d.         The financialprogram in place to cover the cost of this plan for the duration of the medicalrelease, which shall include eligibility for enrollment in commercialinsurance, Medicare, or Medicaid or access to other adequate financialresources for the duration of the medical release.

(7)        "Permanentlyand totally disabled" describes an inmate who, as determined by a licensedphysician, suffers from permanent and irreversible physical incapacitation as aresult of an existing physical or medical condition that was unknown at thetime of sentencing or, since the time of sentencing, has progressed to renderthe inmate permanently and totally disabled, such that the inmate does not posea public safety risk.

(8)        "Terminallyill" describes an inmate who, as determined by a licensed physician, hasan incurable condition caused by illness or disease that was unknown at thetime of sentencing or, since the time of sentencing, has progressed to renderthe inmate terminally ill, and that will likely produce death within sixmonths, and that is so debilitating such that the inmate does not pose a publicsafety risk.  (2008‑2,s. 1.)