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Summary:

Except for prisoners sentenced to death or life in prison without possibility of parole, any prisoner who the head physician determines to be permanently medically incapacitated and necessitating 24 hour care, and the incapacitation was not present at the time of sentencing, shall be granted medical parole if the Board of Parole Hearings finds it to be safe. In cases where the prisoner’s primary care physician or family recommends or requests that the prisoner be considered for medical parole due to being permanently medically incapacitated, the head physician shall either refer the matter to the Board of Parole Hearings within 30 days or provide the primary care physician or family member with a written explanation of the reasons for denying it. The Department of Corrections and Rehabilitation shall complete parole plans that include the inmate's plan for residency and medical care. The Board of Parole Hearings shall make an independent judgment (with written findings) regarding whether the inmate would pose a threat to public safety. As a condition of medical parole, a prisoner might be required to submit to a medical examination, the results of which will be reported to the Board. The Department shall ensure that any medical parolee has in his or her possession medical discharge papers, full medical record, and access to prescriptions. Any additional records shall be sent to the prisoner's forwarding address after release to health care-related parole supervision. The Department of Corrections and Rehabilitation must give notice of any medical parole hearing and any medical parole release to the county of commitment, and the county of proposed release, at least 30 days (or as soon as feasible) prior to a medical parole hearing or a medical parole release.

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