Amends TCA Title 40, Chapter 28, Part 1; Title 40, Chapter 35, Part 5 and Section 41-21-227(i).

Under present law, a prison inmate is not eligible for parole until reaching the inmate's release eligibility date. Except for inmates who receive sentences of imprisonment for life without possibility of parole, only inmates with felony sentences of more than two years or consecutive felony sentences equaling a term greater than two years are eligible for parole consideration. Generally, an inmate's release date is based on having served a percentage of the inmate's actual sentence (20 percent to 60 percent, depending on the inmate's sentencing range) minus sentence credits that the inmate earns and retains. This bill authorizes the commissioner of correction to certify as eligible for parole a chronically debilitated or incapacitated inmate who, regardless of having reached the inmate's release date: (1) Is at least seventy (70) years of age; (2) Has served a minimum of five years in custody; (3) Is not serving a sentence for a violent sexual offense or a sentence of imprisonment for life without possibility of parole; and (4) Has two sworn statements from physicians, at least one of whom is the department of correction's director of medical services, certifying that the condition of the inmate is chronic, incurable, and will likely result in the inmate's death. Present law specifies various circumstances under which the department of correction is authorized to grant furloughs to inmates. In addition, upon the medical recommendation of the departmental director of medical services, accompanied by a notarized report of the attending physician and the security recommendation of the head of the institution in which the inmate is held, the commissioner of correction is authorized to grant a furlough of indeterminate duration to an inmate who can be released into the community without substantial risk that the inmate will commit a crime while on furlough and who: (1) Due to a medical condition, is in imminent peril of death; or (2) Can no longer take care of themselves in a prison environment due to severe physical or psychological deterioration. This bill revises (1) and (2) to limit eligibility for an indeterminate furlough to inmates who, due to the inmate's chronically debilitated or incapacitated medical condition: (1) Have a medical prognosis of mortality within one year or less; or (2) Are no longer able to take care of themselves in a prison environment due to severe physical or psychological deterioration. ON APRIL 1, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 72, AS AMENDED. AMENDMENT #1 adds that if a person is granted parole pursuant to the bill's provision regarding parole for a chronically debilitated or incapacitated inmate, the board of parole must send the notice required by the Open Parole Hearings Act to the members of the general assembly who represent the district where the offender last resided prior to incarceration. ON APRIL 7, 2021, THE SENATE SUBSTITUTED HOUSE BILL 72 FOR SENATE BILL 727, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 72, AS AMENDED. AMENDMENT #1 adds as a qualifying factor that the person must not be serving a sentence for more than one conviction for first degree murder or facilitation of first degree murder.