Section 3359.6 - Removal from Medical Parole(a) The incarcerated person's treating physician, any other physician selected by the Board of Parole Hearings (BPH), or the parole agent may make a recommendation to BPH to return an incarcerated person placed pursuant to Penal Code section 3550 to the custody of the Division of Adult Institutions (DAI) under the following circumstances: (1) The incarcerated person's treating physician or physician selected by BPH has conducted a medical examination of the incarcerated person placed pursuant to Penal Code section 3550 and has made a determination that their condition has improved to the extent that the incarcerated person no longer qualifies for medical parole.(2) The parole agent has made a determination that the incarcerated person placed pursuant to Penal Code section 3550 is a threat to themself, another person, or to public safety, or there has been a significant change in their conditions of release.(b) The parole agent shall contact the Director, Division of Adult Parole Operations, or designee, and request that the incarcerated person placed pursuant to Penal Code section 3550 be placed on suspended medical parole status, pending review by BPH to return the incarcerated person to the custody of DAI or placement at an alternative location.(c) The parole agent of record shall submit a CDCR Form 2219-MP (02/11) Medical Parole Status Change, which is incorporated by reference, to the Chief Deputy Commissioner, BPH, with a recommendation for removal from medical parole or placement at an alternative location.Cal. Code Regs. Tit. 15, § 3359.6
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3550 and 5054, Penal Code.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3550 and 5054, Penal Code.
1. New section filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-29-2011 order transmitted to OAL 10-5-2011 and filed 11-10-2011 (Register 2011, No. 45).
3. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).