Ala. Admin. Code r. 640-X-3-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 640-X-3-.05 - Medical Parole Consideration

(1) On a regular basis and at least every six (6) months, geriatric, permanently incapacitated, and terminally ill inmates, as defined by Act 2017-355 ("the Medical Parole Act"), will be docketed for medical parole consideration on the next available parole consideration docket if:

(a) The inmate is eligible for parole;

(b) The inmate is not convicted of a capital offense or a sex offense; and

(c) The Department of Corrections, by and through its medical or mental health care provider, certifies the inmate qualifies as geriatric, permanently incapacitated, or terminally ill, as defined by the Medical Parole Act.

(2) These rules will serve as a standing request by the Bureau to the Department of Corrections to provide a "medical parole list" of parole eligible inmates who qualify as geriatric, permanently incapacitated, or terminally ill, as defined by the Medical Parole Act, and who are not convicted of a capital or sex offense. This list is requested from the Department at a minimum of every six months hereto forward, although the Department may refer any case that meets the above criteria at any time. Inmates on the Department's list or otherwise referred by the Department for medical parole consideration will be classified by the Departments medical or mental health care provider as geriatric, permanently incapacitated, or terminally ill, as applicable; such will serve as the Department's certification required by Rule 640-X-3-.05(1)(c) of these rules.

(3) On an annual basis and pursuant to the Medical Parole Act, the Department of Corrections shall also identify all inmates who:

(a) During the previous 12 months, have spent more than 30 days in an infirmary;

(b) During the previous 12 months, received costly and frequent outside medical treatment; or

(c) Are currently suffering from a life-threatening illness whose death is determined to be imminent within 12 months.

From this group of inmates, the Department will determine, by and through, its medical or mental health care provider, whether each inmate qualifies as geriatric, permanently incapacitated, or terminally ill, as defined by the Medical Parole Act. The Department will then provide an "annual medical parole list" by January 1 of each year hereto forward to the Bureau containing the inmates so determined and classified but excluding inmates who are not parole-eligible and/or are convicted of a capital or sex offense. Inmates on this list will be placed on the next available parole docket for medical parole consideration by the Board.

(4) The Bureau may request supporting documentation, including medical/mental health records from the Department of Corrections as deemed necessary in considering an inmate for medical parole.

(5) No inmate shall be deemed to have a right to medical parole.

(6) Medical parole shall be in addition to any other release for which the inmate may be eligible.

(7) Notification of cases docketed for parole consideration pursuant to the Medical Parole Act will specify the action to be considered by the Board is a medical parole.

Ala. Admin. Code r. 640-X-3-.05

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 04, January 31, 2020, eff. 3/16/2020.

Authors: Meridith H. Barnes, Laura B. Mest, Greg Locklier

Statutory Authority:Code of Ala. 1975, §§ 15-22-21, 15-22-24, 15-22-28, 15-22-37, 15-22-42, 15-22-43.