Sec. 12.12.08.05. Medical Parole

A. The criteria for medical parole consideration are that the:

(1) Inmate is imminently terminal, or has a condition which would indicate that continued imprisonment would serve no useful purpose, for example, an irreversible coma; and

(2) Inmate's release would not unduly jeopardize public safety.

B. Contents of Medical Parole Request.

(1) The Director shall ensure that all documents forming the basis for a medical parole request are submitted to the Board of Review. If a quorum of the Board of Review recommends the inmate for a medical parole, the recommendation shall be submitted to the Secretary for consideration when the inmate is serving a nonlife sentence, and to the Secretary and the Governor when the inmate is serving a life sentence.

(2) To initiate consideration for a medical parole, the inmate's unit treatment team shall send a summary of the inmate's incarceration record since admission to the Director. The summary shall include the following:

(a) History of program participation;

(b) Special housing requirements;

(c) Reasons for the recommendation;

(d) An aftercare treatment plan for the inmate; and

(e) A statement by the attending physician which includes:

(i) Diagnosis,

(ii) Prognosis,

(iii) Inpatient or outpatient status, and

(iv) Criteria justification.

(3) The Board of Review may reject a recommendation for medical parole that has been submitted by the Director. The Board of Review's decision to deny a medical parole is final.