Processing of Petitions for Medical Parole for Prisoners Committed to the Custody of the Department

(1) Petitions for medical parole shall be reviewed by the superintendent of the facility where the prisoner is currently incarcerated, or, in the case of prisoners housed at Lemuel Shattuck Hospital, by the superintendent of the facility to which they are classified. The superintendent shall develop a recommendation for the Commissioner as to whether the prisoner should be released on medical parole. (2) A Multidisciplinary Review Team will provide information to the superintendent regarding the prisoner to inform the superintendent’s development of the recommendation for the Commissioner. The information provided by members of the team shall include, but need not be limited to: (a) a written diagnosis by a licensed physician; (b) a determination by a licensed physician as to whether the prisoner suffers from a debilitating condition; (c) a proposed medical parole plan; (d) a risk for violence assessment, which must be based upon the results of a standardized assessment tool that measures clinical prognosis, such as the LS/CMI assessment tool and/or COMPAS; and (e) a recent classification report. (3) The risk for violence assessment required by 501 CMR 17.04(2) shall be conducted by the superintendent or their designee, and shall take into consideration: (a) the prisoner's diagnosis and prognosis; (b) the prisoner's current housing situation (e.g., placement in general population, institutional infirmary, Lemuel Shattuck Hospital, or outside hospital); (c) the necessary clinical management of the prisoner's terminal illness/permanent incapacitation; (d) an assessment for mobility, gait and balance, specifically, whether the prisoner is bedridden, wheelchair-bound, uses a walker, or can walk with assistance; (e) the medically prescribed and required durable medical equipment or other assistive devices for the prisoner including, but not limited to, wheelchairs (manual or electric), hospital beds, traction equipment, canes, crutches, walkers, kidney machines, ventilators, oxygen, monitors, pressure mattresses, and/or lifts; (f) the prisoner's ability to manage Activities of Daily Living; (g) a mental health assessment; and (h) the prisoner's age, height, weight, ability to eat independently, and if the prisoner is fed intravenously. (4) Whether or not the superintendent recommends in favor of medical parole, the superintendent shall, not more than 21 days after receipt of the petition, transmit his or her recommendation to the Commissioner with the petition and all supporting documentation including, but not limited to: (a) a proposed medical parole plan; (b) an updated clinical review of the prisoner by a licensed physician, and any relevant supplemental medical diagnosis and/or records; (c) the superintendent’s risk for violence assessment; and (d) the prisoner’s classification level. (5) The Commissioner shall allow or deny the petition for medical parole within 45 days of receiving the superintendent’s recommendation.