Home Table of Contents

§ 3359.1. Medical Parole General Policy.

15 CA ADC § 3359.1Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 1. Rules and Regulations of Adult Operations and Programs (Refs & Annos)
Subchapter 4. General Institution Regulations
Article 8. Medical and Dental Services
15 CCR § 3359.1
§ 3359.1. Medical Parole General Policy.
Currentness
(a) Pursuant to Penal Code section 3550, an inmate who is found to be permanently medically incapacitated, as defined in (a)(1) below, with a medical condition that renders him or her permanently unable to perform the activities of daily living and results in the inmate requiring 24-hour care, shall be referred to the Board of Parole Hearings, within 30 working days of the Chief Medical Officer or Chief Medical Executive determination, if all of the following conditions exist:
(1) The inmate is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living and results in the inmate requiring 24-hour care. Activities of basic daily living are breathing, eating, bathing, dressing, transferring, elimination, arm use, or physical ambulation.
(2) The medical/physical limitations documented in subsection (a)(1) above did not exist at the time the inmate was sentenced to the current incarceration.
(3) The inmate is not serving a life sentence without the possibility of parole.
(4) The inmate is not sentenced to death.
(b) A request for an inmate to be considered for medical parole may be initiated by any of the following:
(1) The inmate's primary care physician.
(2) The inmate's immediate family member, as defined in section 3000.
(3) An attorney or other individual appropriately authorized to initiate such actions on behalf of the inmate.
(4) The inmate.
(c) Requests from individuals described in subsection (b)(2)-(4) above shall not be considered if the inmate's primary care physician has previously reviewed an inmate's eligibility for medical parole within the last 90 days.
(d) The inmate shall be granted medical parole if the Board of Parole Hearings determines the conditions under which the inmate would be released would not reasonably pose a threat to public safety.

Credits

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3550 and 5054, Penal Code.
History
1. New section filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-29-2011 order, including amendment of subsection (b)(3), new subsection (b)(4) and amendment of subsection (c), transmitted to OAL 10-5-2011 and filed 11-10-2011 (Register 2011, No. 45).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 3359.1, 15 CA ADC § 3359.1
End of Document