1. (a) Pursuant to Penal Code section 3550, an incarcerated person who is found to be permanently medically incapacitated, as defined in (a)(1) below, with a medical condition that renders them permanently unable to perform the activities of daily living and results in the incarcerated person 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. (1) The incarcerated person is permanently medically incapacitated with a medical condition that renders them permanently unable to perform activities of basic daily living and results in the incarcerated person requiring 24-hour care. Activities of basic daily living are breathing, eating, bathing, dressing, transferring, elimination, arm use, or physical ambulation.
   2. (2) The medical/physical limitations documented in subsection (a)(1) above did not exist at the time the incarcerated person was sentenced to the current incarceration.
   3. (3) The incarcerated person is not serving a life sentence without the possibility of parole.
   4. (4) The incarcerated person is not sentenced to death.

2. (b) A request for an incarcerated person to be considered for medical parole may be initiated by any of the following:

   1. (1) The incarcerated person's primary care physician.
   2. (2) The incarcerated person's immediate family member, as defined in section 3000.
   3. (3) An attorney or other individual appropriately authorized to initiate such actions on behalf of the incarcerated person.
   4. (4) The incarcerated person.
3. (c) Requests from individuals described in subsection (b)(2)-(4) above shall not be considered if the incarcerated person's primary care physician has previously reviewed an incarcerated person's eligibility for medical parole within the last 90 days.
4. (d) The incarcerated person shall be granted medical parole if the Board of Parole Hearings determines the conditions under which the incarcerated person would be released would not reasonably pose a threat to public safety.

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).

3. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).