North Dakota Code 12-47-39 – Definitions – Health care for chronically or terminally ill offenders – Notice to health care facility
1. As used in this section:
Terms Used In North Dakota Code 12-47-39
- Department: means the department of corrections and rehabilitation. See North Dakota Code 12-55.1-01
- Pardon: means the removal of punishment or custody imposed upon a person for the commission of an offense. See North Dakota Code 12-55.1-01
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
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.