California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 4 - General Institution Regulations
Article 8 - Medical and Dental Services
Section 3359.1 - Medical Parole General Policy

Universal Citation: 15 CA Code of Regs 3359.1

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Pursuant to Penal Code section 3550, an incarcerated person who is found to be permanently medically incapacitated, as defined in (a)(1) below, with a medical condition that renders them permanently unable to perform the activities of daily living and results in the incarcerated person requiring 24-hour care, shall be referred to the Board of Parole Hearings, within 30 working days of the Chief Medical Officer or Chief Medical Executive determination, if all of the following conditions exist:

(1) The incarcerated person is permanently medically incapacitated with a medical condition that renders them permanently unable to perform activities of basic daily living and results in the incarcerated person requiring 24-hour care. Activities of basic daily living are breathing, eating, bathing, dressing, transferring, elimination, arm use, or physical ambulation.

(2) The medical/physical limitations documented in subsection (a)(1) above did not exist at the time the incarcerated person was sentenced to the current incarceration.

(3) The incarcerated person is not serving a life sentence without the possibility of parole.

(4) The incarcerated person is not sentenced to death.

(b) A request for an incarcerated person to be considered for medical parole may be initiated by any of the following:

(1) The incarcerated person's primary care physician.

(2) The incarcerated person's immediate family member, as defined in section 3000.

(3) An attorney or other individual appropriately authorized to initiate such actions on behalf of the incarcerated person.

(4) The incarcerated person.

(c) Requests from individuals described in subsection (b)(2)-(4) above shall not be considered if the incarcerated person's primary care physician has previously reviewed an incarcerated person's eligibility for medical parole within the last 90 days.

(d) The incarcerated person shall be granted medical parole if the Board of Parole Hearings determines the conditions under which the incarcerated person would be released would not reasonably pose a threat to public safety.

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.

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