Section 220 IAC 1.1-4-1.5 - Special medical clemencyAuthority: IC 11-9-1-2; IC 11-9-2-1
Affected: IC 11-9-2-1; IC 11-9-2-2
Sec. 1.5.
(a) Notwithstanding the provisions of 220 IAC 1.1-4-1, any offender may be considered for medical clemency upon recommendation by the commissioner. If the commissioner declines to recommend the offender for medical clemency, the board may decline consideration in evaluating a petition for medical clemency. The board shall consider, in addition to the factors enumerated in 220 IAC 1.1-4-4(d) and (e), the following factors:(1) The seriousness of the medical condition.(2) Whether the medical condition cannot be adequately treated while offender is on inmate status.(3) Whether the medical condition would effectively prevent the offender from engaging in any future serious criminal activity.(b) The board may waive the full community investigation required under 220 IAC 1.1-4-4, if the board determines time to be of the essence. However, the board must make every reasonable effort to obtain the views of the victim(s) before rendering its recommendation.(c) An offender whose medical clemency petition is either denied or declined for consideration may not reapply unless a substantial and documented change occurs in the medical condition that is the basis for the clemency request or a new and serious medical condition arises. Parole Board; 220 IAC 1.1-4-1.5; filed Jun 15, 1987, 2:45 pm: 10 IR 2495; readopted filed Nov 8, 2001, 1:15 p.m.: 25 IR 935; readopted filed Sep 5, 2007, 2:32 p.m.: 20070919-IR-220070371RFA; readopted filed Dec 2, 2013, 2:09 p.m.: 20140101-IR-220130484RFA