Any person, male or female, adult or minor, who is imprisoned in a Penal Institution or confined in a Juvenile Institution, who has been diagnosed as having terminal Acquired Immune Deficiency Syndrome (AIDS), or any other terminal disease, shall be released from the Penal or Juvenile Institution involved, if he/she meets the following conditions:
(1) Has been diagnosed as having AIDS in its terminal stage, or any other terminal disease, by a competent medical panel.
(2) In the case of imprisoned patients, their evaluation shall be made by a medical panel designated by the Secretary of Health from among the Medical Staff of the Prisoners Health Services Program of the Department of Health, which shall include an infectologist, or a specialist in the disease involved. Whatever laboratory tests that are needed shall be available to the panel.
(3) In the case of minor inmates, the patient’s evaluation shall be made by a medical panel designated to such effects by the Secretary of Health, which shall include an infectologist for the AIDS cases and a specialist for whichever disease is involved.
(4) The prisoner or inmate must voluntarily request to be released.
(5) The relatives must truly want to take charge of him or her, and have the means to do so; Provided, That prisoners of inmates who are addicted to narcotics and have not been rehabilitated, shall be released to a facility where they can be submitted to treatment against addiction, or where their consumption of drugs can be controlled, while they receive the medical treatment they need as terminal patients. Patients who are not addicts and have no home to return to, may be placed in shelters or other residential facilities that will agree to take proper care of them.
(6) The prisoner or inmate who is a patient of a terminal disease, has observed good conduct in the institution for a reasonable period of time.
(7) In the best judgment of the Corrections Administration or the Juvenile Institutions Administration, he/she is no danger to the community.
History —July 19, 1992, No. 25, § 2, eff. 60 days after July 19, 1992.