1. A. The following criteria are used when considering an inmate for medical parole:

   1. (1) The inmate is imminently terminal or has a condition which indicates that continued imprisonment would serve no useful purpose, for example, an irreversible coma; and
   2. (2) The inmate's release would not unduly jeopardize public safety.

2. B. Contents of Medical Parole Request.

   1. (1) The Director shall ensure that all documents forming the basis for a medical parole request are submitted to the Board of Review.

   2. (2) When a quorum of the Board of Review recommends the inmate for a medical parole, the recommendation is submitted to the:

      1. (a) Secretary for consideration, if the inmate is serving a nonlife sentence; and
      2. (b) Secretary and the Governor, if the inmate is serving a life sentence.

   3. (3) To initiate consideration for a medical parole, the inmate's treatment unit shall send to the Director a summary of the inmate's incarceration record since admission that includes:

      1. (a) A history of program participation;
      2. (b) Special housing requirements;
      3. (c) The reasons for the recommendation;
      4. (d) An aftercare treatment plan for the inmate; and

      5. (e) A statement by the attending physician which includes:

         1. (i) Diagnosis,
         2. (ii) Prognosis,
         3. (iii) Inpatient or outpatient status, and
         4. (iv) Criteria justification.
   4. (4) The Board of Review may reject a recommendation for medical parole that has been submitted by the Director.
   5. (5) The Board of Review's decision to deny a medical parole is final.

Authority: Correctional Services Article, §§4-208 and 4-401, Annotated Code of Maryland

Effective date: December 2, 1996 (23:24 Md. R. 1683)