North Carolina § 15A-1369 - Definitions.

§ 15A-1369. Definitions.

For purposes of this Article, the term: "Commission" means the Post-Release Supervision and Parole Commission. "Division" means the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. "Geriatric" describes an inmate who is 65 years of age or older and suffers from chronic infirmity, illness, or disease related to aging that has progressed such that the inmate is incapacitated to the extent that he or she does not pose a public safety risk. "Inmate" means any person sentenced to the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. "Medical release" means a program enabling the Commission to release inmates who are permanently and totally disabled, terminally ill, or geriatric. "Medical release plan" means a comprehensive written medical and psychosocial care plan that is specific to the inmate and includes, at a minimum: The proposed course of treatment; The proposed site for treatment and post-treatment care; Documentation that medical providers qualified to provide the medical services identified in the medical release plan are prepared to provide those services; and The financial program in place to cover the cost of this plan for the duration of the medical release, which shall include eligibility for enrollment in commercial insurance, Medicare, or Medicaid or access to other adequate financial resources for the duration of the medical release. "Permanently and totally disabled" describes an inmate who, as determined by a licensed physician, suffers from permanent and irreversible physical incapacitation as a result of an existing physical or medical condition that was unknown at the time of sentencing or, since the time of sentencing, has progressed to render the inmate permanently and totally disabled, such that the inmate does not pose a public safety risk. "Terminally ill" describes an inmate who, as determined by a licensed physician, has an incurable condition caused by illness or disease that was unknown at the time of sentencing or, since the time of sentencing, has progressed to render the inmate terminally ill, and that will likely produce death within six months, and that is so debilitating such that the inmate does not pose a public safety risk. History (2008-2, s. 1; 2011-145, s. 19.1(h); 2017-186, s. 2(zzz).) Editor's Note. - Session Laws 2011-389, s. 1, provides: "The Department of Health and Human Services, in collaboration with the Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety], shall establish a pilot program to allow certain inmates released from confinement pursuant to G.S. 148-4 or Article 84B of Chapter 15A of the General Statutes, who have been determined by the Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety] to be in need of personal care services and medication management, to be placed in an adult care home licensed under Article 1 of Chapter 131D of the General Statutes. The purpose of the pilot program is to determine if placing this population of released inmates in an adult care home provides the State with a lower cost alternative to providing for their care upon release from confinement without jeopardizing the health and safety of the inmates or the public. The Department of Health and Human Services shall select one adult care home to participate in the pilot program. The selected adult care home is prohibited from having or admitting any residents other than the inmates selected to participate in the pilot program. The Secretary of Health and Human Services may waive any rule adopted under Article 1 or Article 3 of Chapter 131D of the General Statutes as necessary to protect the public health and safety." Effect of Amendments. - Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "'Division' means the Division of Adult Correction of the Department of Public Safety" for "'Department' means the Department of Correction" in subdivision (2) and "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subdivision (4). Session Laws 2017-186, s. 2(zzz), effective December 1, 2017, inserted "and Juvenile Justice" in subdivisions (2) and (4).