State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1369_3

§ 15A‑1369.3.  Procedurefor medical release.

(a)        The Commissionshall consider an inmate for medical release upon referral by the Department.The Department may base its referral upon either a request or petition forrelease filed by the inmate, the inmate's attorney, or the inmate's next of kinor upon a recommendation from within the Department.

(b)        The referral shallinclude an assessment of the inmate's medical and psychosocial condition andthe risk the inmate poses to society, as follows:

(1)        The Departmentmedical director, or a designee of the director who is a licensed physician,shall review the case of each inmate who meets the eligibility requirements formedical release set forth in G.S. 15A‑1369.2. Any physician who examinesan inmate being considered for medical release shall prepare a writtendiagnosis that includes:

a.         A description of anyand all terminal conditions, physical incapacities, and chronic conditions; and

b.         A prognosisconcerning the likelihood of recovery from any and all terminal conditions,physical incapacities, and chronic conditions.

(2)        The Department shallmake an assessment of the risk for violence and recidivism that the inmateposes to society. In order to make this assessment, the Department may considersuch factors as the inmate's medical condition, the severity of the offense forwhich the inmate is incarcerated, the inmate's prison record, and the releaseplan.

(c)        If the Departmentdetermines that the inmate meets the criteria for release, the Department shallforward its referral and medical release plan for the inmate to the Commission.The Department shall complete the risk assessment and forward its referral andmedical release plan within 45 days of receiving a request, petition, orrecommendation for release.

(d)        The Commissionshall make a determination of whether to grant medical release within 15 daysof receiving a referral from the Department for release of a terminally illinmate and within 20 days of receiving a referral from the Department forrelease of a permanently and totally disabled inmate or a geriatric inmate. Inmaking the determination, the Commission shall make an independent assessmentof the risk for violence and recidivism that the inmate poses to society. TheCommission also shall provide the victim or victims of the inmate or thevictims' family or families with an opportunity to be heard.

(e)        A denial of medicalrelease by the Commission shall not affect an inmate's eligibility for anyother form of parole or release under applicable law.

(f)         If the Departmentdetermines that an inmate should not be considered for release under thisArticle or the Commission denies medical release under this Article, the inmatemay not reapply or be reconsidered unless there is a demonstrated change in theinmate's medical condition.  (2008‑2, s. 1.)