Bill > H1622

This bill proposes to amend Massachusetts General Laws Chapter 127 by adding a new section that establishes guidelines for granting medical releases to prisoners. The Commissioner of the Department of Corrections can approve a medical release if the prisoner is not a danger to the community and if there are extraordinary and compelling reasons, such as a terminal illness, a permanent debilitating medical condition, or a situation where confinement would substantially shorten the prisoner's life, though rehabilitation alone is not sufficient grounds. The process can be initiated by the prisoner's primary care physician (PCP), the prison superintendent, or the prisoner themselves or their legal representative, with the PCP responsible for examining the prisoner and compiling their medical records for the Commissioner's review. While the Commissioner has discretion in granting releases, prisoners can appeal a denial to the Undersecretary for Criminal Justice. Those granted medical release will be subject to parole laws and supervision by the parole board, which can set conditions to ensure public safety, and physicians providing diagnoses in good faith under this section will be immune from liability.