Final Decision

(1) The Commissioner shall issue a written decision not later than 45 days after receipt of the superintendent's or Sheriff's recommendation and supporting documentation. If the Commissioner determines that a prisoner is terminally ill or permanently incapacitated such that if released, the prisoner will live and remain at liberty without violating the law and the release will not be incompatible with public safety or the welfare of society, the prisoner shall be released on medical parole. The decision shall be accompanied by: (a) a written statement of reasons for the Commissioner's decision; (b) all the conditions that must be met prior to the prisoner’s release; and (c) notification of the ability to file a petition for judicial review under M.G.L. c. 249, § 4. (2) A copy of the Commissioner's written decision shall be provided to the individuals entitled to notice as set forth in 501 CMR 17.06, and the Parole Board. (3) The Commissioner may set conditions which must be met prior to the prisoner's release on medical parole where doing so is necessary to ensure the prisoner is released to a facility or home that provides appropriate care in an appropriate facility, consistent with the requirements of the medical parole plan. Said conditions shall include, but are not limited to, enrollment in MassHealth, signing all necessary release forms, registration with the Sex Offender Registry Board, where required, and, acceptance by the Interstate Commissioner of Adult Offender Supervision under the Interstate Compact for the Supervision of Adult Offenders, where required, or where such acceptance is not received, the availability of an alternative placement. The Department shall work proactively and collaboratively with other states, departments, agencies, facilities, and individuals, including the prisoner and petitioner, to ensure the conditions are satisfied so the prisoner is released as expeditiously as possible. (4) The conditions established by the Commissioner pursuant to 501 CMR 17.10(3) are distinct from the terms and conditions of supervision imposed by the Parole Board pursuant to 501 CMR 17.11(1), which take effect upon the prisoner’s release from custody.