I. Only upon the recommendation of the commissioner of the department of corrections and the director of medical and forensic services, and after their review of the information provided by a physician licensed pursuant to RSA 329 or an advanced practice registered nurse pursuant to RSA 326, and his or her review of medical needs, resource capabilities, and treatment goals, may the parole board consider medical parole to an inmate, referred to by the department of corrections as a "prisoner," incarcerated in a state correctional facility, regardless of the time remaining on his or her minimum sentence. The medical parole request shall cite one of the following medical categories:
(a)(1) Permanently incapacitated or permanently debilitated. A prisoner who satisfies all of the following as certified by a physician licensed pursuant to RSA 329 or an advanced practice registered nurse licensed pursuant to RSA 326:
(A) Has a health care condition that prevents the prisoner from independently performing activities of daily living in a manner that ensures their daily needs are met in a prison environment; and
(B) Has such limited physical strength or capacity that the prisoner poses an extremely low threat to others or to the community; and
(C) The condition is unlikely to improve or cannot be managed in the prison health care setting due to the prisoner’s serious functional impairment and/or the level of care that is needed to ensure the prisoner’s access to constitutionally appropriate health care in a prison health care setting.
(2) Additional consideration shall be given to whether or not there are appropriate services available in the prison health care setting as determined by the director of medical and forensic services.
(b) Terminally ill. As certified by a physician licensed pursuant to RSA 329 or an advanced practice registered nurse licensed pursuant to RSA 326, a prisoner who has an illness that is considered terminal or permanently debilitating, and treatments are not going to cure or stop the progression of the illness. Generally, comfort measures and hospice are offered in place of active treatment interventions.
(c) Serious and complex medical condition. As certified by a physician licensed pursuant to RSA 329 or an advanced practice registered nurse licensed pursuant to RSA 326, a prisoner who has a serious and complex medical condition, which will require extended services or care that cannot be accommodated, managed, or provided by the department of corrections as determined by the director of medical and forensic services.
II. The director of medical and forensic services, on behalf of a prisoner, may petition the parole board for a hearing to determine if the person is eligible for medical parole.
(a) A representative from the department of corrections’ division of medical and forensic services shall attend each medical parole hearing.
(b) If the condition, disease, illness, or injury of the prisoner does not allow for participation of the prisoner at a scheduled hearing, the prisoner may have a representative approved by the board or an attorney participate in the hearing on the prisoner’s behalf.
II-a. The board shall require as a condition of release on medical parole that the parolee agree to placement and that the parolee is able to be placed for a definite or indefinite period of time in a hospital, hospice, or other housing accommodation suitable to his or her condition, disease, illness, or injury, including a family home, as specified by the board.
II-b. Any medical parolee shall remain in the assigned residence except to engage in medical treatment. Any change in residence shall require pre-approval of the parole board unless it is a medically-emergent residence change, as determined by a health care provider. If a medically emergent residential change occurs, the adult parole board shall be notified within 48 hours of the probation parole officer being notified of the change in residence.
III. Medical parole shall be granted by a majority vote of the members of the hearing panel if the prisoner satisfies the criteria under paragraph I and the adult parole board has determined there is a reasonable probability the prisoner will not violate the law while on medical parole and will conduct himself or herself as a good citizen.
IV. The parole board may request, as a condition of medical parole, that such prisoner or his or her representative submit to the director of medical and forensic services the results of periodic medical examinations while on medical parole and comply with any other parole conditions imposed by the parole board. The director of medical and forensic services, after review of any such medical examination shall report the findings to the parole board. After review of such findings, the parole board may require the issuance of a warrant to return the parolee to the prison for a revocation hearing. If the parole board finds that the condition, disease, illness, or injury of the parolee has improved to the extent that the parolee no longer meets the criteria specified in paragraph I, or has violated the conditions of parole, the medical parole shall be revoked and the parolee shall be returned to the custody of the state.
V. Notwithstanding RSA 504-A:5, a medical parolee who is arrested under the authority of RSA 504-A:4 or RSA 651-A:25 shall be detained at the medical unit or infirmary of the appropriate state correctional facility closest to the location where he or she was arrested.
VI. An inmate who has been sentenced to life in prison without parole or sentenced to death shall not be eligible for medical parole under this section. Nothing in this provision or law shall be construed to create a right to medical parole for any inmate.
VII. Notwithstanding RSA 167:18-a, the state shall be responsible for all medicaid costs incurred, net of federal reimbursement, for any inmate granted medical parole under this section, until the earliest date on which parole could have been granted had the inmate not been granted medical parole.
VIII. [Repealed.]
Source. 2004, 218:3; 218:5. 2007, 263:19. 2012, 134:1. 2014, 176:3, 4 eff. July 1, 2014. 2022, 260:3, eff. June 24, 2022.