Administrative Rule 20.25.307

MEDICAL PAROLE

  1. Except for an offender under sentence of death or of life imprisonment without the possibility of parole, a hearing panel may release on medical parole:
    1. a Montana offender confined in a prison or the state hospital;
    2. a Montana offender confined in prerelease or other community corrections program; or 
    3. an offender for whom the court has restricted parole for a number of years under 46-18-202 (2), MCA, but who has obtained the approval of the sentencing court.  If the sentencing court does not respond within 30 days to a written request for medical parole consideration from the department, the offender is considered to be approved by the court for medical parole.
  2. The board, the department, the offender, or the offender's spouse, parent, child, grandparent, or sibling may submit an application for medical parole.  The application must contain the following:
    1. details of the offender's proposed living arrangement on medical parole;
    2. details of how the offender will acquire and pay for medical care while the offender is on medical parole;
    3. a report of an examination and written diagnosis by a licensed physician that includes:
      1. a detailed description of the offender's medical condition and the medical attention required to treat that condition;
      2. an assessment of the offender's likelihood of recovery;
      3. a description of the offender's most recent past medical condition and treatment; and
      4. an assessment of whether, to a reasonable degree of medical certainty, there is a high probability the offender's medical condition will cause death within six months or less.
  3. The diagnosis must be reviewed and accepted by the department's medical director or designee before a hearing panel may hear the case for medical parole.
  4. In order to grant a medical parole a hearing panel must find:
    1. release of the offender is unlikely to pose a detriment to the offender, victim, or community; and
    2. the offender has a medical condition that requires extensive medical attention or the offender suffers from a medical condition that will likely cause his/her death within six months or less.
  5. In considering whether an offender is likely to pose a detriment to the victim or community, a hearing panel may consider:
    1. whether the offender's medical condition renders him/her unable to engage in criminal activity;
    2. any statement submitted by the victim of the offense for which the offender is currently incarcerated;
    3. the progression of the offender's medical condition, as documented by a licensed physician
    4. the offender's conduct, employment, and attitude in prison;
    5. reports of any physical and mental examinations that have been made;
    6. the offender's previous social and criminal record; and
    7. the circumstances of the offense for which the offender is incarcerated.
  6. In determining whether to grant or deny an application for medical parole, a hearing panel may consider whether:
    1. there is support or opposition from the community including the victim or victim's family, the court, or law enforcement;
    2. the offender suffered from the medical condition at the time the offender committed the offense or was sentenced for the offense for which the offender is presently incarcerated and if so, whether the medical condition has progressed to such a degree that it is unlikely that the offender is able to engage in criminal activity;
    3. the care and supervision that the offender requires can be provided in a more medically appropriate or cost-effective manner than by the department;
    4. the offender is incapacitated to an extent that incarceration does not impose significant additional restrictions on the offender;
    5. the offender is likely to continue to suffer from the medical condition throughout the entire period of parole or to die while the offender is on medical parole and there is no reasonable expectation that the offender's medical condition will improve noticeably; and
    6. an appropriate discharge plan has been formulated that addresses basic life domains of the offender, including care coordination, housing, eligibility for public benefits and health care including necessary medication.
  7. The hearing panel shall require as a condition of medical parole that the offender agree to placement in a setting chosen by the department during the parole period, including but not limited to a hospital, nursing home, or family home.  The hearing panel may require as a condition of parole that the offender agree to periodic examinations and diagnosis at the offender's expense.  Reports of each examination and diagnosis must be submitted to the board and department by the examining physician.  If either the board or department determines that the offender's physical capacity has improved to the extent that the offender is likely to pose a possible detriment to society, a hearing panel may revoke the medical parole and return the offender to the custody of the department.
  8. Prior to the medical parole hearing, the board, through its staff, shall gather for a hearing panel's deliberations, all pertinent information on the offender, including but not limited to the nature of the offense, social history, criminal history, institutional performance, and any medical and mental examinations which may have been made while in custody.
  9. Upon receiving notification from the department that a medical parolee is eligible for nonmedical parole, a hearing panel may consider the offender for nonmedical parole according to the rules established for nonmedical parole consideration.
  10. A grant or denial of medical parole does not affect an offender's eligibility for nonmedical parole.  The board will first consider an offender for nonmedical parole if the offender has reached parole eligibility.
  11. If a hearing panel denies the application, the department may not accept another application regarding the same offender, unless the offender's medical condition has deteriorated to such a degree that the factors previously considered by the hearing panel are affected.
  12. Revocation procedures for medical parole are the same as those for nonmedical parole and statutory provisions for nonmedical parole apply to medical parole.
  13. By submitting an application for medical parole, the offender waives any right to privacy in his/her medical information.  (History:  46-23-218, MCA; IMP, 46-23-210, MCA; TRANS, from 20.25.302A, and AMD, 2010 MAR p. 2816, Eff. 12/10/10; AMD, 2012 MAR p. 1619, Eff. 8/10/12.)