Disadvantage on range in melee ignores incapacitated

actual:

When calculating disadvantage on ranged attacks nearby foes cause the attack to roll with disadvantage, even if they are incapacitated or blinded.

expected: The calculation for ranged attacks considers the status effect of the nearby foe according to the rulebook:

When you make a ranged attack with a weapon, a spell, or some other means, you have disadvantage on the attack roll if you are within 5 feet of a hostile creature who can see you and who isn't incapacitated.