Md. Code Regs. 12.12.29.05

Current through Register Vol. 52, No. 1, January 10, 2025

Section 12.12.29.05 - Medical Parole

A. The following criteria are used when considering an inmate for medical parole:

(1) The inmate is imminently terminal or has a condition which indicates that continued imprisonment would serve no useful purpose, for example, an irreversible coma; and

(2) The inmate's release would not unduly jeopardize public safety.

B. Contents of Medical Parole Request.

(1) The Director shall ensure that all documents forming the basis for a medical parole request are submitted to the Board of Review.

(2) When a quorum of the Board of Review recommends the inmate for a medical parole, the recommendation is submitted to the:

(a) Secretary for consideration, if the inmate is serving a nonlife sentence; and

(b) Secretary and the Governor, if the inmate is serving a life sentence.

(3) To initiate consideration for a medical parole, the inmate's treatment unit shall send to the Director a summary of the inmate's incarceration record since admission that includes:

(a) A history of program participation;

(b) Special housing requirements;

(c) The reasons for the recommendation;

(d) An aftercare treatment plan for the inmate; and

(e) A statement by the attending physician which includes:

(i) Diagnosis,

(ii) Prognosis,

(iii) Inpatient or outpatient status, and

(iv) Criteria justification.

(4) The Board of Review may reject a recommendation for medical parole that has been submitted by the Director.

(5) The Board of Review's decision to deny a medical parole is final.

Md. Code Regs. 12.12.29.05