1. A. Definitions

   1. Limited Mobility—any inmate who is unable to perform activities of daily living without significant help or is totally confined to a bed or chair, including but not limited to prolonged coma and mechanical ventilation. Due to their significant limitation in mobility, these inmates represent a low public safety risk to society. If granted a medical treatment furlough, limited mobility inmates shall only be discharged to an acute care hospital, nursing home, or other healthcare facility.
   2. Permanently Disabled—any inmate who is unable to engage in any substantial gainful activity by reason of any medically determinable physical impairment which can be expected to result in death or which is or can be expected to be permanently irreversible.
   3. Terminally Ill—any inmate who is diagnosed with a terminal illness and death is expected within one year. The medical condition of a terminally ill inmate is usually permanent in nature and carries a poor prognosis.

2. B. An inmate determined by the Department of Public Safety and Corrections to be permanently disabled or terminally ill may be eligible for medical parole consideration.

   1. 1. Upon referral by the Department of Public Safety and Corrections, the committee may schedule the inmate for a hearing for medical parole consideration.
   2. 2. Inmates who are serving a sentence for conviction of first degree murder or second degree murder or who are sentenced to death are not eligible for medical parole consideration.
   3. 3. Medical parole consideration shall be in addition to any other parole for which an inmate may be eligible. An inmate eligible for both medical parole and traditional parole under the provisions of R.S. 15:574.4 shall be first considered for traditional parole.
   4. 4. In considering an inmate for medical parole, the committee may require that additional medical evidence be produced or that additional medical examinations be conducted.

3. C. An inmate determined by the secretary of the Department of Public Safety and Corrections to be a limited mobility inmate may be considered for medical treatment furlough release to an off-site medical facility appropriate to meet the inmate’s medical and treatment needs.

   1. 1. Upon referral by the Department of Public Safety and Corrections, the committee may schedule the inmate for a hearing for medical treatment furlough.
   2. 2. Inmates who are serving a sentence for conviction of first degree murder or who are sentenced to death are not eligible for medical treatment furlough consideration.
   3. 3. Medical parole consideration shall be in addition to any other parole for which an inmate may be eligible. An inmate eligible for both medical parole and traditional parole under the provisions of R.S. 15:574.4 shall be first considered for traditional parole.
   4. 4. In considering an inmate for medical parole or medical treatment furlough, the committee may require that additional medical evidence be produced or that additional medical examinations be conducted.

4. D. The authority to grant medical parole or medical treatment furlough shall rest solely with the committee.

   1. 1. The committee on parole shall determine the risk to public safety and shall grant medical parole or medical treatment furlough only after determining that the inmate does not pose a threat to public safety.
   2. 2. As a condition of the medical parole or medical treatment furlough, the inmate shall waive their right to medical confidentiality and privacy.
   3. 3. An inmate who is denied medical parole or medical treatment furlough may apply for a rehearing within the time frame applicable to a denial of parole under any other provision of this Part if still deemed eligible by the Department of Public Safety and Corrections.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Board of Parole, LR 24:2297 (December 1998), amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2270 (August 2013), LR 41:43 (January 2015), LR 42:1283 (August 2016), amended by the Office of the Governor, Board of Pardons and Committee on Parole, LR 43:2495 (December 2017), LR 44:575 (March 2018), LR 44:2141 (December 2018), LR 49:256 (February 2023), LR 50:1268 (September 2024).