Parole of Offenders with a Terminal Disease or Permanent Incapacitation

Idaho
Department of
Correction

Standard
Operating
Procedure

Division of
Prisons

Offender
Management
Control Number:
324.02.01.002
Version:
1.1
Page Number:
1 of 5
Adopted:
6-6-1997
Reviewed:
7-1-2008

Title:
Parole of Offenders with a Terminal
Disease or Permanent Incapacitation

This document was approved by Pam Sonnen, chief of the Division of Prisons, on
7/1/08 (signature on file).
BOARD OF CORRECTION IDAPA RULE NUMBER
None
POLICY STATEMENT NUMBER 324
Release of Offenders from the Custody of the Idaho Department of Correction
POLICY DOCUMENT NUMBER 324
Release of Offenders from the Custody of the Idaho Department of Correction
DEFINITIONS
Standardized Definitions List
Facility Health Authority: The contract medical provider employee who is primarily
responsible for overseeing the delivery of medical services in an Idaho Department of
Correction (IDOC) facility.
Health Authority: The Department employee who is primarily responsible for overseeing or
managing the Department’s medical and mental health services. The health authority is
commonly referred to as the health services director.
PURPOSE
This standard operating procedure (SOP) establishes procedures for paroling offenders
diagnosed with a terminal disease or deemed to have an irreversible physical incapacitation.
SCOPE
This SOP applies to all Idaho Department of Correction (IDOC) correctional facilities .
RESPONSIBILITY
Facility heads are responsible for implementing and ensuring the guidelines provided herein
are followed in their facilities.
Table of Contents
GENERAL REQUIREMENTS................................................................................................... 2
1. Description of Conditions Applicable to Process................................................................ 2
Control Number:
324.02.01.002
Version:
1.1
Title:
Parole of Offenders with a Terminal
Disease or Permanent Incapacitation
Page Number:
2 of 5

2. Medical Parole Referral Process ........................................................................................ 2
Review Process Steps .................................................................................................. 2
3. Communication Protocols ................................................................................................... 4
REFERENCES.......................................................................................................................... 4
GENERAL REQUIREMENTS
1. Description of Conditions Applicable to Process
An offender may be considered for medical parole in accordance with this SOP only when
the offender is permanently incapacitated or terminally ill and because of the offender’s
physical condition poses no threat to community safety.
For the purpose of this SOP, “permanently incapacitated” means an existing non-terminal
physical condition has rendered the offender permanently and irreversibly physically
incapacitated. “T erminally ill” means an incurable condition caused by illness or disease
that has rendered the offender with an irreversibly terminal illness .
2. Medical Parole Referral Process
The review process for a medical parole may be initiated by one (1) or more of the following:
• Health authority
• Facility health authority
• IDOC staff member
• Offender
• Offender’s family
• Commission of Pardons and Parole
Review Process Steps
When an offender may be eligible for parole because of a terminal illness or permanent
incapacitation, the following steps will be followed.
Functional Roles and
Responsibilities Step Tasks
Referral Source 1
Send a written referral that contains the following
information to the facility deputy warden:
• The offender’s name;
• The reason for the referral; and
• A statement explaining how the offender meets the
requirements of this SOP.
Control Number:
324.02.01.002
Version:
1.1
Title:
Parole of Offenders with a Terminal
Disease or Permanent Incapacitation
Page Number:
3 of 5

Functional Roles and
Responsibilities Step Tasks
Deputy Warden (or
Designee ) 2
Within three (3) working days, request the following
information from the facility health authority (see Appendix
A, Request for Medical Evaluation):
• Offender’s diagnosis.
• Offender’s prognosis.
• Level of care that will be required if the offender is
released, such as hospital, nursing home, hospice,
or outpatient care.
Facility Health
Authority 3
Have a physician complete the medical review and write a
letter with requested information within five (5) days.
Facility Health Authority 4 Forward the letter to the deputy warden (or designee).
Deputy Warden (or
Designee ) 5
Offender May Meet Criteria
• If the medical provider’s information indicates the
offender may meet the criteria for a medical parole,
proceed to step 6.
Offender Does Not Meet Criteria
• Notify the offender and the referral source.
• If the physician’s report does not indicate that the
offender meets the criteria for a medical parole,
forward the report to the Commission of Pardons
and Parole and a copy to the health authority within
three (3) days. The facility process ends here.
(Note: If the offender’s condition worsens, another review
can be conducted.)
Control Number:
324.02.01.002
Version:
1.1
Title:
Parole of Offenders with a Terminal
Disease or Permanent Incapacitation
Page Number:
4 of 5

Functional Roles and
Responsibilities Step Tasks
Deputy Warden (or
Designee) 6
• Within five (5) days, prepare a parole packet that
includes the following:
 Appendix B, Request for Parole
Consideration
 The physician’s report
 Presentence report
 Psychological or mental health evaluation (if
available)
 Commitment orders
 If the Commission of Pardons and Parole
requests one, a current progress report in the
Commission’s format.
• Complete a parole plan that includes the following:
 Living arrangements that conform to the
physician’s recommendations.
 Description of the medical care arranged for
the offender.
 Resources available to the offender to pay for
living and medical expenses.
 Support of family and friends that is available
to the offender.
 Transportation arrangements to include
medical transport if applicable.
Deputy Warden (or
Designee) 7 Forward the entire packet to the facility head.
Facility Head 8
Review the packet and include any comments on Appendix
B.
Facility Head 9
Forward the entire packet to the executive director of the
Commission of Pardons and Parole, and forward a copy of
the packet to the health authority.
Commission of
Pardons and Parole 10
Reviews the request, makes a decision within established
protocol and if granted, notifies the facility head.
3. Communication Protocols
Inquiries from friends and family members w ho wish to facilitate the offender’s release and
assist in the development of the offender’s parole plan should contact the deputy warden (or
designee) responsible for the preparation of the parole plan.
Letters and telephone calls in favor of or against an offender’s release on parole should be
forwarded to the Idaho Commission of Pardons and Parole.
REFERENCES
Appendix A, Request for Medical Evaluation
Control Number:
324.02.01.002
Version:
1.1
Title:
Parole of Offenders with a Terminal
Disease or Permanent Incapacitation
Page Number:
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Appendix B, Request for Parole Consideration
Idaho Code, Section 20-223(f), Parole and Rules Governing – Restrictions – Psychiatric or
Psychological Examination
– End of Document –
IDAHO DEPARTMENT OF CORRECTION
Request for a Medical Evaluation
Appendix A
324.02.01.002 v1.1

Date:
To: IDOC Contract Physician
From:
Re: Assessment for Medical Parole

I have rec eived information that
IDOC number: may be eligible for parole consideration authorized
under Idaho Code §20-223 (f) and standard operating procedure (SOP) 324.02.01.002, Parole
of Offenders with a Terminal Disease or Permanent Incapacitation.
I request that you review the offender’s medical condition and provide a letter that includes the
following information:
• Diagnosis,
• Prognosis , and
• Level of medical care required if the offender is released on parole.
Please forward your letter to me within five (5) working days.
IDAHO DEPARTMENT OF CORRECTION
Request for Parole Consideration
Appendix B
324.02.01.002 v1.1

Date: Facility:
Offender’s Name: IDOC #:
The following information is attached for the consideration of parole for this offender:
The physician’s report
Presentence report
Psychological or mental health evaluation (if available)
Commitment orders
A current progress report in Commission of Pardons and Parole format
Living arrangements that conform to the physician’s recommendations
Description of the medical care arranged for the offender
Resources available to the offender to pay for living and medical expenses
Support of family and friends that is available to the offender
Transportation arrangements to include medical transport if applicable

Deputy Warden submitting packet:
Facility Head: Date:
Comments: