La. Admin. Code tit. 22, § XI-307 - Medical Parole/Medical Treatment Furlough
A. An offender determined by the Department
of Public Safety and Corrections to be permanently disabled offender or
terminally ill offender may be eligible for medical parole consideration.
1. Upon referral by the Department of Public
Safety and Corrections, the committee may schedule the offender for a hearing
for medical parole consideration.
2. Offenders who are serving a sentence for
conviction of first degree murder, second degree murder, or who are sentenced
to death are not eligible for medical parole consideration.
3. Medical parole consideration shall be in
addition to any other parole for which an offender may be eligible. An offender
eligible for both medical parole and traditional parole under the provisions of
R.S.
15:574.4 shall be first considered for
traditional parole.
4.
Permanently Disabled Offender-^any offender who is unable to
engage in any substantial gainful activity by reason of any
medically-determinable physical impairment which can be expected to result in
death or which is or can be expected to be permanently irreversible.
5.
Terminally Ill
Offender-any offender who, because of an existing medical condition,
is irreversibly terminally ill. For the purposes of this Section, "terminally
ill" is defined as having a life expectancy of less than one year due to an
underlying medical condition.
6. In
considering an offender for medical parole, the committee may require that
additional medical evidence be produced or that additional medical examinations
be conducted.
B. An
offender determined by the secretary of the DPS and C to be a limited-mobility
offender may be considered for medical treatment furlough release to an
off-site medical facility appropriate to meet the offenders medical and
treatment needs.
1. Upon referral by the
Department of Public Safety and Corrections, the committee may schedule the
offender for a hearing for medical treatment furlough.
2. Offenders who are serving a sentence for
conviction of first degree murder or who are sentenced to death are not
eligible for medical treatment furlough consideration.
3. Medical parole consideration shall be in
addition to any other parole for which an offender may be eligible. An offender
eligible for both medical parole and traditional parole under the provisions of
R.S.
15:574.4 shall be first considered for
traditional parole.
4.
Limited Mobility Offender-any offender who is unable to
perform activities of daily living without significant help or is totally
confined to a bed or chair, including but not limited to prolonged coma and
mechanical ventilation. Due to their significant limitation in mobility, these
offenders represent a low public safety risk to society. If granted a medical
furlough, limited mobility offenders shall only be discharged to an acute care
hospital, nursing home, or other healthcare facility.
5. In considering an offender for medical
parole, the committee may require that additional medical evidence be produced
or that additional medical examinations be conducted
C. The authority to grant medical parole or
medical treatment furlough shall rest solely with the committee.
1. The committee on parole shall determine
the risk to public safety and shall grant medical parole or medical treatment
furlough only after determining that the offender does not pose a threat to
public safety.
2. As a condition of
the medical parole or medical treatment furlough, the offender shall waive
their right to medical confidentiality and privacy.
3. Due to the nature of medical
parole/medical treatment furlough cases, an exception to board policy, 05-509,
victim notification and participation in hearings, shall be made regarding the
notice to victims, requiring the notice to be at least 60 days in advance of
the scheduled hearing date.
4. An
offender who is denied medical parole or medical treatment furlough may apply
for a rehearing within the time frame applicable to a denial of parole under
any other provision of this Part if still deemed eligible by the Department of
Public Safety and Corrections.
Notes
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