Referral to the Parole Board

(1) If it appears to the Commissioner that a decision to release the prisoner on medical parole is likely, the Commissioner shall refer the prisoner's entire medical parole petition, and supporting documents, to the Parole Board within 30 days after receiving the superintendent's or Sheriff's recommendation. The Parole Board shall direct the referral to the appropriate Institutional Parole Officer/Transitional Parole Officer where the prisoner is held. (2) Each medical parole petition referred to the Parole Board by the Commissioner shall include the following: (a) the proposed medical parole plan and supporting documents; and (b) an updated clinical review of the prisoner by the Department's or Sheriff's medical provider, respectively. (3) Within 15 days of receipt of the referral from the Commissioner, the Parole Board or designated employees shall, pursuant to M.G.L. c. 127, § 130, conduct the parole risk and needs assessment and set all appropriate terms and conditions of release. (4) Simultaneously upon the Parole Board’s receipt of the Commissioner’s referral of a petition for medical parole, the appropriate Institutional Parole Officer/Transitional Parole Officer shall forward said petition, including the risk/needs assessment to the Field Services Division of the Parole Board. A Field Parole Officer will be assigned to verify the suitability of the proposed place(s) of residence. The assigned Field Parole Officer shall verify all proposed residences including, but not limited to, inpatient treatment facilities, private residences, and hospice care. The assigned Field Parole Officer will make efforts to confirm availability of bed space, evaluate the suitability of the proposed placement environment for supervision purposes, and determine whether the medical parole plan is consistent with the identified medical treatment needs of the prisoner. (5) Upon completion of the risk and needs assessment and receipt of the assigned Field Parole Officer’s findings, the Institutional Parole Officer/Transitional Parole Officer shall forward the medical parole petition to the Parole Board with all collateral information utilized during the assessment process and the Field Parole Officer’s findings, to set the terms and conditions of medical parole that would be effective upon the final release determination by the Commissioner. (6) The Parole Board shall forward verification and approval of a proposed place of residence, and the established terms and conditions of release, and contingent Parole Board vote, to the Commissioner for a final determination on the petition for medical parole.