| Alabama |
§ 14-14-1 et seq. |
Yes, death within 12 months |
Permanent, irreversible physical or mental health condition prevents inmate from being able to perpetrate a violent physical action or initiate or participate in a criminal act |
Yes |
| Alaska |
§§ 33.16.085, 33.16.087, 33.16.090 |
No |
Severely medically or cognitively disabled as certified in writing by a physician |
Yes |
| Arkansas |
§ 12-29-404 |
Yes, death within two years |
Medical condition that renders inmate permanently and irreversibly incapacitated and requires immediate and long-term care |
Yes |
| California |
Penal Code §§ 3550, 3055 |
No |
Permanently medically incapacitated with condition that renders inmate unable to perform activities of basic daily living and requires 24-hour care |
Yes |
| Colorado |
§§ 17-1-102, 17-22.5-403.5 |
No |
At least 55 years old, diagnosed as suffering from chronic condition (physical or mental) OR any age, diagnosed as suffering chronic condition (physical or mental) that requires costly care or treatment |
Not specified, length of parole between six and 36 months |
| Connecticut |
§§ 54-131a, et seq. |
Yes, death within six months |
So physically or mentally debilitated, incapacitated or infirm as a result of advanced age or a medical condition as to be physically incapable of presenting a danger to society, and has served not less than one-half their sentence |
Yes |
| Delaware |
11 Del. C. § 4346(e) |
No |
Physical or mental condition demands treatment that the department cannot furnish |
Yes |
| Florida |
§ 947.149 |
Yes, No |
Permanently incapacitated inmate—condition renders the inmate permanently and irreversibly physically incapacitated so that the inmate does not constitute a danger to themselves or others |
Yes |
| Georgia |
Ga. Const, Art. IV, Sec. II Paragraph II, (e), § 42-9-42.1 |
Yes, No |
Not specified |
Yes |
| Hawaii |
Haw. Admin. Rules 23-700-29 |
Yes, No |
Seriously debilitating medical condition for which treatment is not available in prison, or condition renders the inmate too cognitively impaired and/or functionally compromised to pose a risk to public safety |
Not specified |
| Idaho |
§ 20-223 |
Yes, No |
Existing physical condition renders inmate permanently and irreversibly physically incapacitated |
Not specified |
| Indiana |
§ 11-13-3-3, Admin. Code 220 IAC 1.1-4-1.5 |
No |
Board must consider seriousness of condition, whether it cannot be treated while incarcerated, and whether it would prevent inmate from engaging in future serious criminal activity |
Not specified |
| Kansas |
§§ 22-3728, 22-3729 |
Yes, death within 30 days |
Inmate must be functionally incapacitated—current medical and mental health of inmate is factor to be considered in determining incapacitation |
Not specified |
| Kentucky |
§ 439.3405 |
Yes, death within one year |
Severe chronic lung disease, end-stage heart disease, severe neuro-muscular disease such as multiple sclerosis, or severely limited mobility because of paralysis as a result of stroke, disease or trauma, or is dependent on external life support systems |
Not specified |
| Louisiana |
§§ 15:574.20, 15:833.2, 15:574.4 |
Yes, death within one year |
Permanently incapacitated inmate—condition renders the inmate permanently and irreversibly physically incapacitated so that the inmate does not constitute a danger to themselves or others |
Yes |
| Maine |
34-A MRSA § 3036-A(10) (relates to state correctional facilities), 30-A MRSA § 1659-A (relates to county jails) |
Yes, No |
Severely incapacitating medical condition such that care outside a correctional facility is medically appropriate |
Yes |
| Maryland |
Correctional Services Code § 7-309, Criminal Law Code § 14-101 |
No |
Debilitated or incapacitated by a medical or mental health condition, disease or syndrome, as to pose no danger to public safety |
Yes |
| Massachusetts |
Mass. Gen. Laws Ann. ch. 127, § 119A as enacted by SB 2371 (2018) |
Yes, death within 18 months |
Physical or cognitive incapacitation that appears irreversible and that is so debilitating that the inmate does not pose a public safety risk |
Yes |
| Michigan |
§ 791.235 |
No |
Physically or mentally incapacitated |
Not specified |
| Minnesota |
§ 244.05 |
Yes, No |
Medical condition such that release poses no threat to the public |
Yes |
| Mississippi |
§§ 47-7-3, 47-7-4 |
Yes, No |
Significant permanent physical medical condition with no possibility of recovery |
Yes |
| Missouri |
§ 217.250 |
Yes, No |
Not specified |
Not specified |
| Montana |
§ 46-23-210 |
Yes, death within six months |
Medical condition requiring extensive medical attention |
Yes |
| Nebraska |
§§ 83-1,110.02, 83-1,110.03 |
Yes, No |
Permanently incapacitated |
Yes |
| Nevada |
§ 209.3925 |
Yes, death within 12 months |
Physically incapacitated and in ill health to such a degree that the inmate does not pose a threat to the safety of the public |
Not specified |
| New Hampshire |
§ 651-A:10-a |
Yes, No |
Debilitating, incapacitating or incurable medical condition or syndrome |
Not specified |
| New Jersey |
§ 30:4-123.51c |
Yes, death within six months |
Permanent physical incapacity—medical condition that renders the inmate permanently unable to perform activities of basic daily living, results in the inmate requiring 24-hour care |
Yes |
| New Mexico |
§ 31-21-25.1 |
Yes, death within six months |
Permanently and irreversibly physically incapacitated |
Not specified |
| New York |
Executive Law §§ 259-r, 259-s |
Yes, No |
Significant and permanent condition, disease or syndrome that has rendered the inmate so physically or cognitively debilitated they do not present a danger to society |
Parole for six months, must be renewed |
| North Carolina |
§ 15A-1369 et seq. |
Yes, death within six months |
Permanent and irreversible physical incapacitation as a result of an existing physical or medical condition |
Yes |
| North Dakota |
§ 12-59-08 |
Yes, No |
Serious medical condition |
Not specified |
| Ohio |
§ 2967.05 |
Yes, terminal equals death within 12 months, imminent danger of death equals death within six months |
Any diagnosable medical condition, including mental dementia and severe, permanent medical or cognitive disability, that prevents the inmate from completing activities of daily living without significant assistance |
Yes |
| Oklahoma |
57 Okl. St. §§ 332.16, 332.18, 332.21 |
Yes, No |
Medical condition has rendered inmate no longer an unreasonable threat to public safety |
Yes |
| Oregon |
§ 144.126 |
Yes, No |
Severe medical condition |
Not specified |
| Pennsylvania |
42 Pa.C.S.A. § 9777 |
Yes, death within one year |
Not specified |
Yes |
| Rhode Island |
§ 13-8.1-1 et seq. |
Yes, death within 18 months |
Severely ill—suffering from a significant and permanent or chronic physical and/or mental condition OR
Permanently physically incapacitated—condition caused by injury, disease, illness or cognitive insult such as dementia or persistent vegetative state, that permanently and irreversibly physically incapacitates the individual |
Yes |
| South Carolina |
§ 24-21-715 |
Yes, death within two years |
Permanently incapacitated—no longer poses a public safety risk because of a medical condition that renders them permanently and irreversibly incapacitated and that requires immediate and long-term residential care. |
Yes |
| South Dakota |
HB 1109 (2018) |
Yes, No |
Seriously ill and not likely to recover. Requires extensive medical care or significant chronic medical care |
Yes |
| Tennessee |
§ 41-21-227 |
Yes, No |
Inmate can no longer take care of themselves in a prison environment because of severe physical or psychological deterioration |
Yes |
| Texas |
Government Code § 508.146 |
Yes, No |
Mental illness, an intellectual disability or a physical disability, or a condition requiring long-term care or is in a persistent vegetative state or being a person with an organic brain syndrome with significant to total mobility impairment |
Not specified |
| Utah |
Admin. Code R671-314 |
No |
Public safety and recidivism risk is significantly reduced because of the effects or symptoms of medical infirmity, disease, or disability, or mental health disease or disability; or if an offender suffers from a serious and persistent medical condition that requires extensive medical attention, nursing home care or palliative care |
Not specified |
| Vermont |
28 V.S.A. § 502a |
Yes, No |
Serious medical condition renders the inmate unlikely to be physically capable of presenting a danger to society |
Not specified |
| Washington |
§ 9.94A.728 |
No |
Medical condition is serious and expected to require costly care or treatment, and inmate is physically incapacitated due to medical condition |
Yes |
| Wisconsin |
§ 302.113 |
No |
Extraordinary health condition afflicting an inmate such as advanced age, infirmity or disability of the person or a need for medical treatment or services not available within a correctional institution |
Not specified |
| Wyoming |
|
Yes, death within 12 months |
Serious incapacitating medical need, incapacitated by age to the extent that the ability to provide self-care is substantially diminished, permanently physically incapacitated |
Yes |