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Legislation Allowing Parole for Medically Frail Prisoners Approved

May 24, 2019

This week, Governor Gretchen Whitmer signed legislation allowing the Department of Corrections (DOC) to parole seriously ill and medically frail prisoners so they can obtain medical care. Currently, Michigan is facing a growing elderly prison population, which requires increased medical attention to care for serious physical, terminal, or mental illnesses. The cost of that care fell upon the DOC because federal law prohibits inmates from receiving treatment under Medicaid or Medicare while in prison. Under the new law, the state is expected to save taxpayer dollars by paroling medically frail prisoners to facilities that accept federal health programs.

The new laws will:

    • Allow medically frail prisoners to be paroled to receive medical attention but does not extend parole to prisoners convicted of first-degree criminal sexual conduct or any crime punishable by life without parole.
    • Requires the parole board to notify the prosecutor and victim if a medical frail prisoner is being considered for parole. It gives the prosecutor or victim the option to file an objection and seek independent medical examination of the prisoner.
    • Creates a misdemeanor for an individual that assists a medically frail parole in breaking the terms and conditions of their parole.
    • Changes the Corrections Code to allow medically frail prisoners, who are convicted of certain offenses, to be paroled before they have served their minimum sentence.

According to DOC, approximately 20 to 30 prisoners could be eligible for medical parole under the new law. An additional 450 to 500 prisoners could become eligible in the future.

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