Bill > S2857

This bill aims to improve access to medical parole for incarcerated individuals by redefining key terms like "permanent incapacitation" as an irreversible physical or cognitive impairment and "terminal illness" as an incurable condition likely to cause death within 18 months, both determined by a licensed physician. It expands who can petition for medical parole to include the prisoner, their advocate, next of kin, medical provider, or staff, and requires correctional facility superintendents and sheriffs to consider these petitions within 21 days, forwarding recommendations along with a medical parole plan, a physician's diagnosis, and a risk assessment that considers the prisoner's current ability to commit violence and potential accommodations in a community setting. The bill also mandates annual cognitive assessments for prisoners aged 55 and older, with those showing significant cognitive decline or who are terminally ill or permanently incapacitated being referred to legal services and next of kin. The Commissioner of Correction must issue a written decision within 45 days, with an expedited process for those with less than six months to live, and medical parole will be granted unless there's clear and convincing evidence of a risk of violent recidivism, with denials requiring specific written explanations and potentially an in-person medical evaluation. Decisions will be made without bias, and release should occur within 7 days of a grant, with provisions for placement in Department of Public Health (DPH) facilities if no suitable post-release placement is found. The bill also outlines procedures for parole revocation, emphasizing that individuals remain at liberty during proceedings unless there's an immediate public safety risk, and requires the Parole Board to collect and report data on medical parole applications, grants, and denials, including demographic information and reasons for denial.

Health and Social Services

Joint Committee on Public Safety and Homeland Security (Joint)

https://malegislature.gov/Bills/194/S2857