12-47-39. Definitions - Health care for chronically or terminally ill offenders - Notice to
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/nd/title-12/chapter-12-47-the-penitentiary/12-47-39·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
health care facility.
1. As used in this section:
a. "Chronically ill" has the same meaning as in section 26.1-33.2-01.
b. "Department" means the department of corrections and rehabilitation.
c. "Health care facility" means an assisted living facility as defined in section
23-09-01, a basic care facility as defined in section 23-09.3-01, or a nursing home
as defined in section 23-30-01, except that transitional care units and other
long-term care beds owned or operated on the premises of acute care hospitals
or critical care hospitals are not health care facilities for the purpose of this
section.
d. "Terminally ill" has the same meaning as in section 26.1-33.2-01.
2. If an offender is to be given an early release, pardon, or parole due to a chronic or
terminal illness for admission as a resident of a health care facility due to the chronic
or terminal illness, the department shall provide prior written notice to the administrator
of the facility, stating:
a. The offense for which the offender was convicted and a description of the actual
offense;
b. The offender's status with the department;
c. That the information provided by the department regarding the offender may be
provided to residents and employees of the facility by the administrator of the
facility;
d. The offender's health status and type of health care the offender requires;
e. Any available risk assessment information regarding the offender's likelihood of
reoffending; and
f. The name of the party responsible for the payment for the services provided by
the health care facility to the offender.