Issue 6: Current Law Limits the Use and Effectiveness of Medically Recommended Early Release of Offenders, Increasing State Medical Costs.
Summary
Key Recommendations
· Authorize judges to permit the early release of state jail confinees who pose no risk to public safety due to their medical conditions.
· Require the Texas Correctional Office on Offenders with Medical or Mental Impairments to identify and recommend state jail confines eligible for early medical release.
Key Findings
· To significantly reduce State medical costs, state prison offenders with serious medical conditions may be released early through MRIS.
· Lacking clear statutory authority, local judges rarely and inconsistently approve state jail confinees for MRIS.
· By not specifically authorizing MRIS for state jail confinees, the State misses an opportunity to reduce medical costs.
Conclusion
As the State’s primary criminal justice agency, the Texas Department of Criminal Justice (TDCJ) ensures public safety through the incarceration and supervision of felons. By statute, TDCJ currently has authority to release state prison offenders who no longer pose a threat to public safety due to their medical conditions. However, a review of TDCJ’s state jail incarceration function found that district judges lack clear statutory authority to consider the release of state jail confinees for medical reasons. Without clear authority, TDCJ cannot develop a consistent process to ensure that eligible state jail confinees are reviewed and considered for early medical release, thereby maximizing the benefits of medical release and lowering state medical costs.