Alabama Administrative Code
Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES
Chapter 640-X-3 - SCHEDULING PAROLE CONSIDERATION
Section 640-X-3-.05 - Medical Parole Consideration
Current through Register Vol. 43, No. 02, November 27, 2024
(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:
(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:
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.
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.