Notification to District Attorneys, Victims/Victims’ Family, Prisoner, and Petitioner

(1) Upon receipt of the medical parole petition, supporting documentation and the recommendation of the superintendent or Sheriff where the prisoner is currently incarcerated, the Commissioner shall notify the following individuals, in writing, that the prisoner is being considered for medical parole: (a) the district attorney for the jurisdiction where the offense resulting in the prisoner being committed to the correctional facility occurred; (b) the prisoner, together with supporting documentation; (c) the person who petitioned for medical parole, if not the prisoner; and (d) if applicable, the victim(s) or the victim's family entitled to receive notification under M.G.L. c. 258B. Said notification of the victim(s) or the victim's family should take place through the Department's Office of Victim Services, both telephonically and in writing. (2) Any individual who receives notice under 501 CMR 17.06(1) shall have an opportunity to provide written statements; provided however, that if the prisoner was convicted and is serving a sentence under M.G.L. c. 265, § 1, the district attorney or victim's family may request a hearing. Further, in all cases, following the receipt of notice from the Commissioner, the District Attorney, may, upon request, receive a copy of the medical parole petition and, to the extent the documents are not protected from disclosure under State and Federal medical privacy laws, the medical parole plan and any other document relied upon by the superintendent or Sheriff when submitting the recommendation to the Commissioner. (3) Written statements regarding the petition must be provided to the Department on or before the deadline set by the Commissioner. Individuals who fail to timely submit such statements waive their right to be heard and untimely submitted statements will not be considered by the Commissioner, unless an extension is granted by the Commissioner within the 45-day deadline required under 501 CMR 17.04(5). All individuals shall receive advance notice of the deadline for submission of written statements, and the deadline for filing a request for an extension.