Code of Vermont Rules › Agency 80 - ADMINISTRATIVE AND ADVISORY AGENCIES › Sub-Agency 260 - PAROLE BOARD › Chapter 001 - MEDICAL PAROLE › Section 80 260 001 - MEDICAL PAROLE

Current through June, 2024
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:
1. a written diagnosis as set forth
			 above;
2. a report prepared by a
			 qualified licensed medical professional that describes the extent, if any, that
			 the terminal or debilitating condition limits physical mobility of the inmate;
			 and
3. a specific hospital,
			 hospice, other licensed in-patient facility or any housing accommodation which
			 is proposed for placement of the inmate,, together with information documenting
			 how placement in the proposed facility will be funded.
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.
AUTHORITY:
				  28 V.S.A. §
												503