§ 7-13-424 — Medical parole; conditions

(a) Notwithstanding any other provision of law restricting
the grant of parole, except for inmates sentenced to death or
life imprisonment without parole, the board may grant a medical
parole to any inmate meeting the conditions specified in this
section. The board shall consider a medical parole upon receipt
of written certification by a licensed treating physician that,
within a reasonable degree of certainty, one (1) of the
following circumstances exist:
(i) The inmate has a serious incapacitating medical
need which requires treatment that cannot reasonably be provided
while confined in a state correctional facility;
(ii) The inmate is incapacitated by age to the extent
that deteriorating physical or mental health substantially
diminishes the ability of the inmate to provide self-care within
the environment of a correctional facility;
(iii) The inmate is permanently physically
incapacitated as the result of an irreversible injury, disease
or illness which makes significant physical activity impossible,
renders the inmate dependent on permanent medical intervention
for survival or confines the inmate to a bed, wheelchair or
other assistive device where his mobility is significantly
limited; or
(iv) The inmate suffers from a terminal illness
caused by injury or disease which is predicted to result in
death within twelve (12) months of the application for parole.
(b) The board may only grant a medical parole if it first
determines:
(i) That, based on a review of all available
information, one (1) or more of the conditions specified in
subsection (a) of this section exists;
(ii) That the inmate is not likely to abscond or
violate the law if released;
(iii) That living arrangements are in place in the
community and sufficient resources are available to meet the
inmate's living and medical needs and expenses; and
(iv) That the inmate does not have a medical
condition that would endanger public health, safety or welfare
if the inmate were released, or that the inmate's proposed
living arrangements would protect the public health, safety or
welfare from any threat of harm the inmate's medical condition
may pose.
(c) Upon the board's request, an independent medical
evaluation by a licensed physician shall be conducted, provided
to the board and paid for by the department.
(d) The board shall provide the prosecuting attorney and
the sentencing court with prior notice of, and the opportunity
to provide input regarding, a medical parole hearing for an
inmate who is otherwise ineligible for parole.
(e) The board shall impose terms and conditions of parole
as it deems necessary, including but not limited to requiring
periodic medical progress reports at intervals of not more than
six (6) months, in granting a medical parole. A medical parole
may be revoked if the parolee violates a condition of parole or
if the medical condition which was the basis for the grant of
parole no longer exists or has been ameliorated to the extent
that the justification for medical parole no longer exists.