This section defines several terms used in the chapter, including “Commissioner,” “Department,” “geriatric inmate,” “permanently incapacitated inmate,” and “terminally ill inmate.”
For purposes of this chapter, the following words shall have the following meanings: (1) COMMISSIONER. The Commissioner of the Department of Corrections. (2) DEPARTMENT. The Department of Corrections. (3) GERIATRIC INMATE. A person 55 years of age or older convicted in this state of a non-capital felony offense and sentenced to the penitentiary, who suffers from a chronic life-threatening infirmity, life-threatening illness, or chronic debilitating disease related to aging, who poses a low risk to the community, and who does not constitute a danger to himself or herself or society. (4) PERMANENTLY INCAPACITATED INMATE. A state inmate who possesses a permanent, irreversible physical or mental health condition that prevents him or her from being able to perpetrate a violent physical action upon another person or self or initiate or participate in a criminal act. The medical or mental health treatment or need for assistance of such individual must require daily assistance from a caretaker or a long-term skilled medical or rehabilitation center to perform or assist with activities of daily living, such as ambulation, dressing, and bathing and/or must require medications or treatments, such as hemodialysis, to sustain life which require regular diagnostic tests to monitor therapeutic effectiveness. Long-term care and housing needs of such individual with a physical or mental health condition described above must have the potential to exceed the capabilities to provide such need within the confinement of a secure correctional facility within the department. (5) TERMINALLY ILL INMATE. A person convicted of a non-capital felony offense who is sentenced to the penitentiary and who has an incurable condition caused by illness or disease which would, with reasonable medical judgment, produce death within 12 months, and who does not constitute a danger to himself or herself or society.