This bill proposes the establishment of a medical parole program for inmates in the custody of the Division of Corrections and Rehabilitation in West Virginia. It introduces a new article, Article 12A, which outlines the definitions of key terms such as "geriatric," "medical parole," and "terminal illness." The bill allows inmates to petition for medical parole based on terminal illness, medical incapacity, or geriatric conditions, and specifies the process for submitting these petitions, including the necessary medical documentation and a medical parole plan. Superintendents of correctional institutions are tasked with reviewing these petitions and making recommendations to the commissioner, who will ultimately decide on the petitions.
Additionally, the bill mandates that interested parties, including victims and their families, be notified of medical parole considerations and allows for hearings on the petitions. It establishes criteria for the commissioner's final decision, including the inmate's medical condition and potential danger to society. The bill also provides for a process of reconsideration for denied petitions, annual reporting requirements on the medical parole program, and grants rule-making authority to the commissioner to implement the provisions of the article.
Statutes affected: Introduced Version: 62-12A-1, 62-12A-2, 62-12A-3, 62-12A-4, 62-12A-5, 62-12A-6, 62-12A-7