| 10. Terminally ill prisoner. With the consent of the |
prisoner, the commissioner may permit a prisoner committed to the |
department to be transferred from a correctional facility to |
supervised community confinement without meeting the requirements |
of subsection 2, paragraphs B and C if the facility's treating |
physician has determined that the prisoner is terminally ill and |
that care outside the correctional facility for the remainder of |
the prisoner's illness is medically appropriate. The Except as |
set out in this subsection, the prisoner shall live in a hospital |
or other appropriate care facility, such as a nursing facility |
or, residential care facility or a facility that is a licensed |
hospice program pursuant to Title 22, section 8622, approved by |
the commissioner. As approved by the commissioner, the prisoner |
may receive hospice services from an entity licensed pursuant to |
Title 22, chapter 1681, subchapter 1 and, subject to approval by |
the commissioner, may live at home while receiving these hospice |
services. The commissioner may exempt a prisoner transferred to |
supervised community confinement pursuant to this subsection from |
any mandatory condition under subsection 3 that the commissioner |
determines to be inapplicable. |