80-001 Code Vt. R. 80-260-001-X
AUTHORITY
This Policy is adopted by the Vermont Parole Board pursuant to its authority as set forth in 28 V.S.A. Section 503 to adopt such rules as are necessary and proper for the conduct of parole proceedings and the granting of parole.
PURPOSE
Medical parole allows the release of certain terminally ill inmates to parole supervision. This policy is intended to offer inmates the opportunity of death with dignity outside the confines of prison; to offer family and loved ones an opportunity to be with and care for the individual during their last days; and to afford a means to relieve correctional facilities of the burdens often associated with cases of this nature.
APPLICABILITY/ACCESSIBILITY
This policy applies to all individuals and groups affected by the operations of the Vermont Parole Board. Anyone may have a copy of this policy.
POLICY
The Parole Board may release to medical parole inmates who have been certified by a qualified, licensed medical doctor as terminally ill or whose medical condition is so debilitating that they are unlikely to present a physical danger to society. All cases identified for consideration of medical parole shall be handled by staff as expeditiously as possible and in accord with Parole Board administrative procedures for medical parole. The Executive director of the Parole Board will provide assistance to Department of Corrections staff in the identification and processing of medical parole candidates.
PROCEDURES
ELIGIBILITY FOR CONSIDERATION
To be eligible for medical parole consideration, an inmate serving a sentence of imprisonment must be diagnosed by a qualified, licensed medical doctor as suffering from a terminal or debilitating condition, disease or syndrome.
APPLICATION PROCEDURE
Applications for medical parole must be submitted to the Parole Board. An application must be supported by:
On receipt of an application with supporting documentation, the Board will notify the Department of Corrections of the application with a request for investigation. The Department will prepare a report providing its assessment of the danger the inmate poses to society in light of the medical assessment and any proposals for an appropriate risk control strategy. The Department will forward the completed report with its recommendation to the Board for further processing. The Department may provide the Board with an additional medical diagnosis/prognosis if the only medical diagnosis/prognosis before the Board was provided by the inmate's private physician.
BOARD APPEARANCE
If possible, all applicants for medical parole shall appear in person before the Parole Board. The Department will provide written notice to the sentencing court(s), State's Attorney office(s), and victim or victim's advocate fifteen days before the Board appearance.
The Department shall inform the Board whether an inmate is physically able to appear in person before the Board. If the Department determines that the inmate's medical condition precludes a personal appearance before the Board, the Board shall make arrangements for the Board or a panel consisting of at least two members of the Board to visit the inmate. Medical parole shall not be withheld because an inmate is unable to appear in person before the full Board.
GRANT OF MEDICAL PAROLE
Release on medical parole lies within the sole discretion of the Parole Board and may be granted only after the Board concludes that, in light of the inmate's medical condition, the inmate is suffering from a terminal or debilitating condition, that it is unlikely that the inmate is physically capable of presenting a danger to society, and it is unlikely that the inmate will be able to violate the law. Where a submission and/or approval of a final discharge plan has not occurred by the date of the Board's decision to grant medical parole, the grant of release shall be contingent upon receipt of a final discharge plan from the Department of Corrections and approval of the plan by the Parole Board. Conditions of release may be imposed by the Board in medical parole cases.
DENIAL OF MEDICAL PAROLE
Denial of release on medical parole by the Board does not preclude the inmate from reapplying for medical parole or otherwise affect the inmate's eligibility for parole consideration. Reapplication for medical parole after denial must be accompanied by credible evidence supporting a change in circumstances since the previous denial.
POST-RELEASE REVIEW
As a condition of granting medical parole, the Board may require periodic review of an inmate's medical condition and of the likelihood that the inmate poses a threat to society. At the time established by the Board for such review, the Department will submit to the Board a medical evaluation by a qualified, licensed medical doctor regarding the inmate's condition, together with an assessment by the Department regarding the threat to society posed by the inmate. The Board shall review these materials at a meeting of the Board. The Board may, on the basis of such review, initiate proceedings to revoke the grant of medical parole.
REVOCATION OF MEDICAL PAROLE
A term of medical parole may be revoked at any time based on a change in medical condition related to the threat posed by the inmate to society or violation of terms of parole. The Board shall conduct revocation proceedings in the manner set forth in 28 V.S.A. Chapter 7, Subchapter 4. Any return of a medical parolee must be to the custody of the Vermont Department of Corrections and will be subject to the DOC's time computation of the original sentence for purposes of next parole eligibility.
80-001 Code Vt. R. 80-260-001-X
AUTHORITY: 28 V.S.A. § 503