§ 13-8.1-4 Procedure. – (a) The parole board is authorized to grant release of a prisoner, except aprisoner serving life without parole, at any time, who is determined to beterminally ill or permanently physically incapacitated within the meaning of§ 13-8.1-3.
(b) In order to apply for this relief, the prisoner, with anattending physician's written approval, or an attending physician, on behalf ofthe prisoner, shall file an application with the director of the department ofcorrections. Within seventy-two (72) hours after the filing of any application,the director shall refer the application to the health service unit of thedepartment of corrections for a medical report and a medical discharge plan tobe completed within five (5) days. Upon receipt of the medical discharge planthe director of the department of corrections shall immediately transfer themedical discharge plan together with the application to the parole board forits consideration and decision.
(c) The report shall contain, at a minimum, the followinginformation:
(1) Diagnosis of the prisoner's medical conditions, includingrelated medical history;
(2) Detailed description of the conditions and treatments;
(3) Prognosis, including life expectancy, likelihood ofrecovery, likelihood of improvement, mobility, and rate of debilitation;
(4) Degree of incapacity or disability, including anassessment of whether the prisoner is ambulatory, capable of engaging in anysubstantial physical activity, and the extent of that activity;
(5) An opinion from the medical director as to whether theperson is terminally ill, and if so, the stage of the illness or whether theperson is permanently physically incapacitated.
(d) When the director of corrections refers a prisoner to theparole board for medical parole, the director shall provide to the parole boarda medical discharge plan which is acceptable to the parole board.
(e) The department of corrections and the parole board shalljointly develop standards for the medical discharge plan that are appropriatelyadapted to the criminal justice setting. The discharge plan should ensure atthe minimum that:
(1) An appropriate placement for the prisoner has beensecured, including, but not limited to, a hospital, nursing facility, hospice,or family home;
(2) A source for payment of the prisoner' medical expenseshas been secured;
(3) A physician continues to examine the releasee and reportback to the board.
(f) If the parole board finds from the credible medicalevidence that the prisoner is terminally ill or permanently physicallyincapacitated, the board shall grant release to the prisoner but only after theboard also considers whether, in light of the prisoner's medical condition,there is a reasonable probability that the prisoner, if released, will live andremain at liberty without violating the law, and that the release is compatiblewith the welfare of society and will not so depreciate the seriousness of thecrime as to undermine respect for the law. Notwithstanding any other provisionof law, release may be granted at any time during the term of a prisoner'ssentence.
(g) There shall be a presumption that the opinion of thephysician and/or medical director will be accepted. However, the applicant, thephysician, the director, or the parole board may request an independent medicalevaluation within seven (7) days after the physician's and/or medicaldirector's report is presented. The evaluation shall be completed and a report,containing the information required by subsection (b) of this section, filedwith the director and the parole board and a copy sent to the applicant withinfourteen (14) days from the date of the request.
(h) Within seven (7) days of receiving the application, themedical report and the discharge plan, the parole board shall determine whetherthe application, on its face, demonstrates that relief may be warranted. If theface of the application clearly demonstrates that relief is unwarranted, theboard may deny the application without a hearing or further proceedings, andwithin seven (7) days shall notify the prisoner in writing of its decision todeny the application, setting forth its factual findings and a brief statementof the reasons for denying release without a hearing. Denial of release doesnot preclude the prisoner from reapplying for medical parole after theexpiration of sixty (60) days. A reapplication under this section mustdemonstrate a material change in circumstances.
(i) Upon receipt of the application from the director of thedepartment of corrections the parole board shall, except as provided insubsection (h) of this section, set the case for a hearing within fourteen (14)days;
(2) Notice of the hearing shall be sent to the prosecutor andthe victim(s), if any, of the offense(s) for which the prisoner isincarcerated, and the prosecutor and the victim(s) shall have the right to beheard at the hearing, or in writing, or both;
(3) At the hearing, the prisoner shall be entitled to berepresented by an attorney or by the public defender if qualified or otherrepresentative.
(j) Within seven (7) days of the hearing, the parole boardshall issue a written decision granting or denying medical parole andexplaining the reasons for the decision. If the board determines that medicalparole is warranted, it shall impose conditions of release, which shall includethe following:
(1) Periodic medical examinations;
(2) Periodic reporting to a parole officer, and the reportinginterval;
(3) Any other terms or conditions that the board deemsnecessary.
(k) If after release the releasee's condition orcircumstances change so that he or she would not then be eligible for medicalparole, the parole board may order him or her returned to custody to await ahearing to determine whether his or her release should be revoked. A releasemay also be revoked for violation of conditions otherwise applicable to parole.
(l) An annual report shall be prepared by the director ofcorrections for the parole board and the general assembly. The report shallinclude:
(1) The number of inmates who have applied for medical parole;
(2) The number who have been granted medical parole;
(3) The nature of the illness of the applicants, and thenature of the placement pursuant to the medical discharge plan;
(4) The categories of reasons for denial for those who havebeen denied;
(5) The number of releasees on medical parole who have beenreturned to the custody of the department of corrections and the reasons forreturn.
§ 13-8.1-4 Procedure. – (a) The parole board is authorized to grant release of a prisoner, except aprisoner serving life without parole, at any time, who is determined to beterminally ill or permanently physically incapacitated within the meaning of§ 13-8.1-3.
(b) In order to apply for this relief, the prisoner, with anattending physician's written approval, or an attending physician, on behalf ofthe prisoner, shall file an application with the director of the department ofcorrections. Within seventy-two (72) hours after the filing of any application,the director shall refer the application to the health service unit of thedepartment of corrections for a medical report and a medical discharge plan tobe completed within five (5) days. Upon receipt of the medical discharge planthe director of the department of corrections shall immediately transfer themedical discharge plan together with the application to the parole board forits consideration and decision.
(c) The report shall contain, at a minimum, the followinginformation:
(1) Diagnosis of the prisoner's medical conditions, includingrelated medical history;
(2) Detailed description of the conditions and treatments;
(3) Prognosis, including life expectancy, likelihood ofrecovery, likelihood of improvement, mobility, and rate of debilitation;
(4) Degree of incapacity or disability, including anassessment of whether the prisoner is ambulatory, capable of engaging in anysubstantial physical activity, and the extent of that activity;
(5) An opinion from the medical director as to whether theperson is terminally ill, and if so, the stage of the illness or whether theperson is permanently physically incapacitated.
(d) When the director of corrections refers a prisoner to theparole board for medical parole, the director shall provide to the parole boarda medical discharge plan which is acceptable to the parole board.
(e) The department of corrections and the parole board shalljointly develop standards for the medical discharge plan that are appropriatelyadapted to the criminal justice setting. The discharge plan should ensure atthe minimum that:
(1) An appropriate placement for the prisoner has beensecured, including, but not limited to, a hospital, nursing facility, hospice,or family home;
(2) A source for payment of the prisoner' medical expenseshas been secured;
(3) A physician continues to examine the releasee and reportback to the board.
(f) If the parole board finds from the credible medicalevidence that the prisoner is terminally ill or permanently physicallyincapacitated, the board shall grant release to the prisoner but only after theboard also considers whether, in light of the prisoner's medical condition,there is a reasonable probability that the prisoner, if released, will live andremain at liberty without violating the law, and that the release is compatiblewith the welfare of society and will not so depreciate the seriousness of thecrime as to undermine respect for the law. Notwithstanding any other provisionof law, release may be granted at any time during the term of a prisoner'ssentence.
(g) There shall be a presumption that the opinion of thephysician and/or medical director will be accepted. However, the applicant, thephysician, the director, or the parole board may request an independent medicalevaluation within seven (7) days after the physician's and/or medicaldirector's report is presented. The evaluation shall be completed and a report,containing the information required by subsection (b) of this section, filedwith the director and the parole board and a copy sent to the applicant withinfourteen (14) days from the date of the request.
(h) Within seven (7) days of receiving the application, themedical report and the discharge plan, the parole board shall determine whetherthe application, on its face, demonstrates that relief may be warranted. If theface of the application clearly demonstrates that relief is unwarranted, theboard may deny the application without a hearing or further proceedings, andwithin seven (7) days shall notify the prisoner in writing of its decision todeny the application, setting forth its factual findings and a brief statementof the reasons for denying release without a hearing. Denial of release doesnot preclude the prisoner from reapplying for medical parole after theexpiration of sixty (60) days. A reapplication under this section mustdemonstrate a material change in circumstances.
(i) Upon receipt of the application from the director of thedepartment of corrections the parole board shall, except as provided insubsection (h) of this section, set the case for a hearing within fourteen (14)days;
(2) Notice of the hearing shall be sent to the prosecutor andthe victim(s), if any, of the offense(s) for which the prisoner isincarcerated, and the prosecutor and the victim(s) shall have the right to beheard at the hearing, or in writing, or both;
(3) At the hearing, the prisoner shall be entitled to berepresented by an attorney or by the public defender if qualified or otherrepresentative.
(j) Within seven (7) days of the hearing, the parole boardshall issue a written decision granting or denying medical parole andexplaining the reasons for the decision. If the board determines that medicalparole is warranted, it shall impose conditions of release, which shall includethe following:
(1) Periodic medical examinations;
(2) Periodic reporting to a parole officer, and the reportinginterval;
(3) Any other terms or conditions that the board deemsnecessary.
(k) If after release the releasee's condition orcircumstances change so that he or she would not then be eligible for medicalparole, the parole board may order him or her returned to custody to await ahearing to determine whether his or her release should be revoked. A releasemay also be revoked for violation of conditions otherwise applicable to parole.
(l) An annual report shall be prepared by the director ofcorrections for the parole board and the general assembly. The report shallinclude:
(1) The number of inmates who have applied for medical parole;
(2) The number who have been granted medical parole;
(3) The nature of the illness of the applicants, and thenature of the placement pursuant to the medical discharge plan;
(4) The categories of reasons for denial for those who havebeen denied;
(5) The number of releasees on medical parole who have beenreturned to the custody of the department of corrections and the reasons forreturn.
§ 13-8.1-4 Procedure. – (a) The parole board is authorized to grant release of a prisoner, except aprisoner serving life without parole, at any time, who is determined to beterminally ill or permanently physically incapacitated within the meaning of§ 13-8.1-3.
(b) In order to apply for this relief, the prisoner, with anattending physician's written approval, or an attending physician, on behalf ofthe prisoner, shall file an application with the director of the department ofcorrections. Within seventy-two (72) hours after the filing of any application,the director shall refer the application to the health service unit of thedepartment of corrections for a medical report and a medical discharge plan tobe completed within five (5) days. Upon receipt of the medical discharge planthe director of the department of corrections shall immediately transfer themedical discharge plan together with the application to the parole board forits consideration and decision.
(c) The report shall contain, at a minimum, the followinginformation:
(1) Diagnosis of the prisoner's medical conditions, includingrelated medical history;
(2) Detailed description of the conditions and treatments;
(3) Prognosis, including life expectancy, likelihood ofrecovery, likelihood of improvement, mobility, and rate of debilitation;
(4) Degree of incapacity or disability, including anassessment of whether the prisoner is ambulatory, capable of engaging in anysubstantial physical activity, and the extent of that activity;
(5) An opinion from the medical director as to whether theperson is terminally ill, and if so, the stage of the illness or whether theperson is permanently physically incapacitated.
(d) When the director of corrections refers a prisoner to theparole board for medical parole, the director shall provide to the parole boarda medical discharge plan which is acceptable to the parole board.
(e) The department of corrections and the parole board shalljointly develop standards for the medical discharge plan that are appropriatelyadapted to the criminal justice setting. The discharge plan should ensure atthe minimum that:
(1) An appropriate placement for the prisoner has beensecured, including, but not limited to, a hospital, nursing facility, hospice,or family home;
(2) A source for payment of the prisoner' medical expenseshas been secured;
(3) A physician continues to examine the releasee and reportback to the board.
(f) If the parole board finds from the credible medicalevidence that the prisoner is terminally ill or permanently physicallyincapacitated, the board shall grant release to the prisoner but only after theboard also considers whether, in light of the prisoner's medical condition,there is a reasonable probability that the prisoner, if released, will live andremain at liberty without violating the law, and that the release is compatiblewith the welfare of society and will not so depreciate the seriousness of thecrime as to undermine respect for the law. Notwithstanding any other provisionof law, release may be granted at any time during the term of a prisoner'ssentence.
(g) There shall be a presumption that the opinion of thephysician and/or medical director will be accepted. However, the applicant, thephysician, the director, or the parole board may request an independent medicalevaluation within seven (7) days after the physician's and/or medicaldirector's report is presented. The evaluation shall be completed and a report,containing the information required by subsection (b) of this section, filedwith the director and the parole board and a copy sent to the applicant withinfourteen (14) days from the date of the request.
(h) Within seven (7) days of receiving the application, themedical report and the discharge plan, the parole board shall determine whetherthe application, on its face, demonstrates that relief may be warranted. If theface of the application clearly demonstrates that relief is unwarranted, theboard may deny the application without a hearing or further proceedings, andwithin seven (7) days shall notify the prisoner in writing of its decision todeny the application, setting forth its factual findings and a brief statementof the reasons for denying release without a hearing. Denial of release doesnot preclude the prisoner from reapplying for medical parole after theexpiration of sixty (60) days. A reapplication under this section mustdemonstrate a material change in circumstances.
(i) Upon receipt of the application from the director of thedepartment of corrections the parole board shall, except as provided insubsection (h) of this section, set the case for a hearing within fourteen (14)days;
(2) Notice of the hearing shall be sent to the prosecutor andthe victim(s), if any, of the offense(s) for which the prisoner isincarcerated, and the prosecutor and the victim(s) shall have the right to beheard at the hearing, or in writing, or both;
(3) At the hearing, the prisoner shall be entitled to berepresented by an attorney or by the public defender if qualified or otherrepresentative.
(j) Within seven (7) days of the hearing, the parole boardshall issue a written decision granting or denying medical parole andexplaining the reasons for the decision. If the board determines that medicalparole is warranted, it shall impose conditions of release, which shall includethe following:
(1) Periodic medical examinations;
(2) Periodic reporting to a parole officer, and the reportinginterval;
(3) Any other terms or conditions that the board deemsnecessary.
(k) If after release the releasee's condition orcircumstances change so that he or she would not then be eligible for medicalparole, the parole board may order him or her returned to custody to await ahearing to determine whether his or her release should be revoked. A releasemay also be revoked for violation of conditions otherwise applicable to parole.
(l) An annual report shall be prepared by the director ofcorrections for the parole board and the general assembly. The report shallinclude:
(1) The number of inmates who have applied for medical parole;
(2) The number who have been granted medical parole;
(3) The nature of the illness of the applicants, and thenature of the placement pursuant to the medical discharge plan;
(4) The categories of reasons for denial for those who havebeen denied;
(5) The number of releasees on medical parole who have beenreturned to the custody of the department of corrections and the reasons forreturn.
