501 CMR, § 17.13 - Challenges to Medical Parole Decisions

(1) Following the Commissioner's decision, a prisoner, Sheriff or superintendent aggrieved by the decision denying or granting a medical parole petition may petition for judicial review of the decision under M.G.L. c. 249, § 4. Following the Commissioner's decision, and upon request by the aggrieved party, the prisoner, or the petitioner, the Department will provide a copy of the administrative record, redacted where required under State and Federal medical privacy laws, or where necessary to protect the victim or the victim's family, within 15 business days of receipt of the request, following the Commissioner's decision.

(2) A decision by the court under M.G.L. c. 249, § 4, affirming or reversing the Commissioner's grant or denial of medical parole shall not affect a prisoner's eligibility for any other form of release permitted by law, nor shall it preclude a prisoner's eligibility for medical parole in the future.

(3) Following the Commissioner's denial of medical parole, a prisoner may file a new petition, or request that the Commissioner reconsider his or her previous decision on the petition. In no event shall a new petition or request for reconsideration be acted upon later than the 66 days permitted under the medical parole statute.

Notes

501 CMR, § 17.13

Adopted by Mass Register Issue 1396, eff. 7/26/2019. Amended by Mass Register Issue 1467, eff. 4/15/2022.