| 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. |