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Massachusetts House Bill H2693

Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2693 Compare Versions

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22 HOUSE DOCKET, NO. 1114 FILED ON: 1/14/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2693
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Lindsay N. Sabadosa and Erika Uyterhoeven
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to elder and medical parole.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/14/2025Erika Uyterhoeven27th Middlesex1/14/2025James C. Arena-DeRosa8th Middlesex2/19/2025Christine P. Barber34th Middlesex2/6/2025Mike Connolly26th Middlesex3/11/2025Marjorie C. Decker25th Middlesex2/14/2025Natalie M. Higgins4th Worcester1/24/2025Samantha Montaño15th Suffolk2/3/2025Steven Owens29th Middlesex2/5/2025Danillo A. Sena37th Middlesex1/31/2025 1 of 12
1616 HOUSE DOCKET, NO. 1114 FILED ON: 1/14/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 2693
1818 By Representatives Sabadosa of Northampton and Uyterhoeven of Somerville, a petition
1919 (accompanied by bill, House, No. 2693) of Lindsay N. Sabadosa, Erika Uyterhoeven and others
2020 relative to elder and medical parole. Public Safety and Homeland Security.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act relative to elder and medical parole.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Elder Parole
3030 2 Chapter 127 of the General Laws is hereby amended by inserting after Section 133E the
3131 3following section:-
3232 4 Section 133F: Parole eligibility for people aged 55 and older who have served at least
3333 5half or 15 years of their sentence
3434 6 When a person serving a sentence of incarceration has reached the age of fifty-five and
3535 7has served at least (i) one half of the minimum term they are sentenced to serve, accounting for
3636 8any applicable aggregate sentence or component sentence or (ii) fifteen years, whichever is less,
3737 9the parole board shall schedule a hearing within sixty days of the person's fifty-fifth birthday or
3838 10the day that they meet the time served requirement of this section, whichever is later, to
3939 11determine whether such person should be granted a parole permit under Chapter 127 Section
4040 12133A of the General Laws, notwithstanding exclusions based on sentence in that section. 2 of 12
4141 13 The board shall also give special consideration to the incarcerated person’s advanced age;
4242 14the impact of their long-term confinement; any age-related medical conditions; any diminished
4343 15physical or mental capacity; and the Department of Correction’s record of providing adequate
4444 16reasonable accommodations to the individual given these conditions.
4545 17 After such hearing the parole board may, by a vote of two-thirds of its members, grant a
4646 18permit to be at liberty upon such terms and conditions as it may prescribe for the unexpired term
4747 19of the sentence. A parole permit shall be granted unless the board determines by clear and
4848 20convincing evidence that, even if released with appropriate conditions and community
4949 21supervision, the incarcerated person will not live and remain at liberty without violating the law.
5050 22Assessment as low risk on a recent validated risk assessment tool, completion of institutional
5151 23program plans, or a classification score indicating minimum security or prerelease,
5252 24notwithstanding overrides or restrictions, shall indicate readiness for parole release.
5353 25 The parole board shall issue its decision within two months of the hearing. If such permit
5454 26is not granted, the parole board shall, at least once in each ensuing two year period for the
5555 27duration of the sentence, hold a hearing and consider carefully and thoroughly the merits of
5656 28releasing such prisoner on parole and may, by a vote of two-thirds of its members, grant such
5757 29parole permit.
5858 30 All decisions to grant or deny parole shall be made without bias pertaining to a person’s
5959 31race, ethnicity, disability, religion, sexual orientation, or gender identity. The parole board shall
6060 32not deny parole solely or primarily on the basis of the parole applicant's underlying criminal
6161 33conviction. 3 of 12
6262 34 The hearings required by this section shall be in addition to and not replace other parole
6363 35or medical parole eligibility.
6464 36 If an incarcerated person is indigent, the incarcerated person shall have the right to
6565 37appointed counsel at the Elder parole hearing and shall have the right to funds for experts
6666 38pursuant to chapter 261. Indigent people on parole shall have the right to appointed counsel at
6767 39any revocation and rescission hearings.
6868 40 No person placed on parole shall be reincarcerated solely for violating a condition of
6969 41parole that does not result in a new conviction. Once a person has lived on parole for three years
7070 42without a new criminal conviction, upon application, the Board shall terminate their parole
7171 43pursuant to MGL c. 127, sec 130A unless there is clear and convincing evidence that it is in the
7272 44public interest for parole to continue.
7373 45 The Parole Board shall file an annual report not later than March 1 for the prior fiscal
7474 46year with the clerks of the senate and the house of representatives, the senate and house
7575 47committees on ways and means, and the joint committee on the judiciary detailing: (i) the
7676 48number of incarcerated people in the custody of the department of correction or the sheriffs who
7777 49were eligible for parole under this section and the age, gender, race, ethnicity, and governing
7878 50offense of each person; (ii) the number of incarcerated people who have been granted parole
7979 51under this section and the age at the time of the hearing, gender, race and ethnicity, and
8080 52governing offense of each person; (iii) the number of incarcerated people who have been denied
8181 53parole under this section, the reason for the denial, and the age, gender, race and ethnicity, and
8282 54governing offense of each person; (iv) the number of incarcerated people eligible for parole
8383 55under this section who have had previous elder parole hearings; (vii) the number of incarcerated 4 of 12
8484 56people released under this section who have been returned to the custody of the department or
8585 57the sheriff and the reason for each prisoner's return. Nothing in this report shall include
8686 58personally identifiable information of incarcerated people.
8787 59 SECTION 2. Medical Parole
8888 60 Section 119A of Chapter 127 of the General Laws, as so appearing, is hereby amended
8989 61by striking out the definitions of “Permanent incapacitation” and “Terminal illness” in subsection
9090 62(a) and replacing with the following:
9191 63 ''Permanent incapacitation'', a medical determination of a physical or cognitive
9292 64incapacitation that appears irreversible, as determined by a licensed physician.
9393 65 ''Terminal illness'', a medical determination of a condition that appears incurable, as
9494 66determined by a licensed physician, that is reasonably likely to cause the death of the prisoner in
9595 67not more than 18 months.
9696 68 SECTION 2A. Section 119A is further amended by striking clauses (i) through (iii) of
9797 69paragraph (1) of subsection (c) and inserting the following:
9898 70 The superintendent of a correctional facility shall consider a prisoner for medical parole
9999 71upon a written petition filed with the superintendent and the Commissioner by the prisoner, the
100100 72prisoner's advocate, the prisoner's next of kin, a medical provider of the correctional facility or a
101101 73member of the department's staff. The superintendent shall review the petition and develop a
102102 74recommendation as to the release of the prisoner. Whether or not the superintendent recommends
103103 75in favor of medical parole, the superintendent shall, not more than 21 days after the receipt of the
104104 76petition, transmit the recommendation to the commissioner. (i) a proposed medical parole plan; 5 of 12
105105 77(ii) a written diagnosis by a physician licensed to practice medicine under section 2 of chapter
106106 78112; and (iii) an assessment of the current risk for violence that the prisoner poses to society. The
107107 79risk assessment shall be based on a consideration of the prisoner’s current cognitive and physical
108108 80ability to violently recidivate, considering the probability that violence will actually occur, in
109109 81light of the person’s documented current medical condition. Where the person’s disability-related
110110 82behaviors contribute to current risk, the department shall also consider whether reasonable
111111 83accommodations in a community setting could mitigate risk. Such assessment shall be supported,
112112 84if requested by the petitioner, by 24 continuous hours of video surveillance of the prisoner,
113113 85demonstrating the prisoner’s level of incapacity.
114114 86 SECTION 2B. Section 119A is further amended by paragraph (2) of subsection (c) and
115115 87inserting the following paragraphs:
116116 88 (c)(2) The department shall, and all other parties may, submit written petitions on behalf
117117 89of permanently cognitively incapacitated prisoners. The department shall first contact the
118118 90prisoner's next of kin, advocate, or Prisoners' Legal Services, and notify them of the opportunity
119119 91to file a petition in lieu of the department. The department shall accept release of information
120120 92forms signed by the prisoner if no guardian has been appointed.
121121 93 (c)(3) The department shall ensure that all prisoners aged 55 and older shall be assessed
122122 94for cognitive decline at least annually by a qualified medical provider administering a
123123 95standardized cognitive assessment tool in their preferred language. Any cognitive assessment
124124 96shall, at the prisoner’s request, include a collateral interview with the persons who most closely
125125 97interact with the prisoner, including prisoner companions. This collateral interview shall be
126126 98documented in the prisoner’s medical record. Prisoners who are terminally ill, permanently 6 of 12
127127 99incapacitated, or whose cognitive assessment score falls within a range indicating “moderate” or
128128 100“severe” cognitive decline shall be referred to Prisoners’ Legal Services and the prisoners’ next
129129 101of kin. The prisoner, or the prisoner’s family or advocate may request additional assessments at
130130 102any time by a qualified medical provider.
131131 103 (c)(4) Upon the commissioner’s receipt of the recommendation pursuant to paragraph
132132 104(c)(1), the commissioner shall notify, in writing, the district attorney for the jurisdiction where
133133 105the offense resulting in the prisoner being committed to the correctional facility occurred, the
134134 106prisoner, the person who petitioned for medical parole, if not the prisoner and, if applicable
135135 107under chapter 258B, the victim or the victim's family that the prisoner is being considered for
136136 108medical parole. The parties who receive the notice shall have an opportunity to submit written
137137 109statements; provided, however, that if the prisoner was convicted and is serving a sentence under
138138 110section 1 of chapter 265, the district attorney or victim's family may request a hearing.
139139 111 Where the prisoner meets the medical criteria for medical parole, the department shall
140140 112submit a medical parole plan meeting the prisoner’s needs to the Parole Board no later than 35
141141 113days after the department’s receipt of the petition. Where a medical parole plan to a private home
142142 114that can be made appropriate to the person’s care is available, that home shall be the proposed
143143 115plan unless the department produces documentation of specific reasons the home placement
144144 116would cause a risk to public safety.
145145 117 SECTION 2C. Section 119A is further amended by striking subsection (d) and replacing
146146 118with the following subsections:
147147 119 (d)(1) A sheriff shall consider a prisoner for medical parole upon a written petition filed
148148 120with the sheriff and the commissioner by the prisoner, the prisoner's advocate, the prisoner's next 7 of 12
149149 121of kin, a medical provider of the house of correction or jail or a member of the sheriff's staff. The
150150 122sheriff shall review the petition and develop a recommendation as to the release of the prisoner.
151151 123Whether or not the sheriff recommends in favor of medical parole, the sheriff shall, not more
152152 124than 21 days after receipt of the petition, transmit the recommendation to the commissioner. The
153153 125sheriff shall transmit with the petition: (i) a proposed medical parole plan; (ii) a written diagnosis
154154 126by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an
155155 127assessment of the current risk for violence that the prisoner poses to society. The risk assessment
156156 128shall be based on a consideration of the prisoner’s current cognitive and physical ability to
157157 129violently recidivate, considering the probability that violence will actually occur, in light of the
158158 130person’s documented current medical condition. Where the person’s disability-related behaviors
159159 131contribute to current risk, the sheriff shall also consider whether reasonable accommodations in a
160160 132community setting could mitigate risk. Such assessment shall be supported, if requested by the
161161 133petitioner, by 24 continuous hours of video surveillance of the prisoner, demonstrating the
162162 134prisoner’s level of incapacity.
163163 135 (d)(2) The sheriff shall, and all other parties may, submit written petitions on behalf of
164164 136permanently cognitively incapacitated prisoners. The sheriff shall first contact the prisoner’s next
165165 137of kin, advocate, or Prisoners’ Legal Services, and notify them of the opportunity to file a
166166 138petition in lieu of the sheriff. The sheriff shall accept release of information forms signed by the
167167 139prisoner if no guardian has been appointed.
168168 140 (d)(3) The sheriff shall ensure that all prisoners aged 55 and older shall be assessed for
169169 141cognitive decline at least annually by a qualified medical provider administering a standardized
170170 142cognitive assessment tool in their preferred language. Any cognitive assessment shall, at the
171171 143prisoner’s request, include a collateral interview with the persons who most closely interact with 8 of 12
172172 144the prisoner, including prisoner companions. This collateral interview shall be documented in the
173173 145prisoner’s medical record. Prisoners who are terminally ill, permanently incapacitated, or whose
174174 146cognitive assessment score falls within a range indicating “moderate” or “severe” cognitive
175175 147decline shall be referred to Prisoners’ Legal Services and the prisoners’ next of kin. The prisoner,
176176 148or the prisoner’s family or advocate may request additional assessments at any time by a
177177 149qualified medical provider.
178178 150 (d)(4) Upon the commissioner’s receipt of the recommendation pursuant to paragraph
179179 151(d)(1), the commissioner shall notify, in writing, the district attorney for the jurisdiction where
180180 152the offense resulting in the prisoner being committed to the correctional facility occurred, the
181181 153prisoner, the person who petitioned for medical parole, if not the prisoner and, if applicable
182182 154under chapter 258B, the victim or the victim's family that the prisoner is being considered for
183183 155medical parole. The parties who receive the notice shall have an opportunity to submit written
184184 156statements.
185185 157 Where the prisoner meets the medical criteria for medical parole, the department shall
186186 158submit a medical parole plan meeting the prisoner’s needs to the Parole Board no later than 35
187187 159days after the sheriff’s receipt of the petition. Where a medical parole plan to a private home that
188188 160can be made appropriate to the parolee’s care is available, that home shall be the proposed plan
189189 161unless the department produces documentation of specific reasons the home placement would
190190 162cause a risk to public safety.
191191 163 SECTION 2D. Section 119A is further amended by striking subsection (e) and replacing
192192 164with the following: 9 of 12
193193 165 (e) The commissioner shall issue a written decision not later than 45 days after the
194194 166department’s receipt of a petition, which shall be accompanied by a statement of reasons for the
195195 167commissioner's decision that addresses all of the record evidence. The department shall also
196196 168establish a policy implementing a further expedited process for decision and release of a person
197197 169on medical parole whose death by terminal illness is found to be likely in less than 6 months.
198198 170Medical parole shall be granted to a terminally ill or permanently incapacitated prisoner unless
199199 171the Commissioner determines by clear and convincing evidence that, if the prisoner is released
200200 172with appropriate conditions, community supervision, and reasonable accommodations, the
201201 173prisoner will not live and remain at liberty without violently recidivating. The assessment of
202202 174terminal illness or permanent incapacitation by a medical provider shall be separate from the
203203 175public safety risk assessment. Any denial of medical parole shall include a written explanation of
204204 176the clear and convincing evidence relied upon to determine that the prisoner would not remain at
205205 177liberty without violently recidivating. No petition shall be denied on medical grounds without a
206206 178current, in-person evaluation of the prisoner by the licensed physician who is opining that the
207207 179person is not medically eligible. Petitioners shall have a right to funds for experts pursuant to
208208 180chapter 261. The parole board shall impose terms and conditions for medical parole that shall
209209 181apply through the date upon which the prisoner's sentence would have expired and which shall
210210 182be no more restrictive than the parolee’s current medical condition necessitates.
211211 183 All decisions to grant or deny medical parole, and the creation of a medical parole plan
212212 184shall be made without bias pertaining to a person’s race, ethnicity, disability, religion, sexual
213213 185orientation, or gender identity.
214214 186 Release after a grant of medical parole shall occur within 7 days of the grant, absent
215215 187documented extraordinary circumstances preventing such timely release. A prisoner for whom 10 of 12
216216 188the department cannot identify appropriate post-release placement shall be referred to the
217217 189Department of Public Health (“DPH”) for placement in an appropriate DPH facility pursuant to
218218 190section 151 of chapter 127. Not less than 24 hours before the date of a prisoner's release on
219219 191medical parole, the commissioner shall notify, in writing, the district attorney for the jurisdiction
220220 192where the offense resulting in the prisoner being committed to the correctional facility occurred,
221221 193the department of state police, the police department in the city or town in which the prisoner
222222 194shall reside and, if applicable under chapter 258B, the victim or the victim's family of the
223223 195prisoner's release and the terms and conditions of the release.
224224 196 SECTION 2E. Section 119A is further amended by striking subsection (f) and replacing
225225 197with the following:
226226 198 (f) For all purposes, including revocation, a prisoner granted release under this section
227227 199shall be under the jurisdiction, supervision and control of the parole board, as if the prisoner had
228228 200been paroled pursuant to section 130 of chapter 127. The parole board may revise, alter or amend
229229 201the terms and conditions of a medical parole at any time.
230230 202 If a parole officer receives credible information that the individual’s terminal illness or
231231 203permanent incapacitation has reversed to the extent that the individual would no longer be
232232 204eligible for medical parole under this section, the board shall obtain a medical assessment by a
233233 205licensed physician of the individual’s current medical condition. If the medical assessment
234234 206concludes that the individual has reversed to the extent that they no longer qualify for medical
235235 207parole, the parole officer shall bring the individual before the board for a parole revocation
236236 208hearing. The individual shall remain at liberty during the pendency of the revocation
237237 209proceedings, barring a substantial and immediate risk to public safety. 11 of 12
238238 210 If the board establishes at the parole hearing that the terminal illness or permanent
239239 211incapacitation has reversed to the extent that the individual is no longer eligible for medical
240240 212parole pursuant to this section, the board shall order the return of the individual to incarceration,
241241 213or, subject to appropriate terms and conditions set by the board, order his release to parole
242242 214supervision under another form of parole permitted by law. If the board orders revocation and
243243 215reincarceration pursuant to this subsection, the individual shall return to custody in accordance
244244 216with the terms of their original sentence with credit given only for the duration of the prisoner's
245245 217medical parole that was served in compliance with all conditions of their medical parole pursuant
246246 218to subsection (e).
247247 219 Revocation of an individual’s medical parole for any reason shall not preclude their
248248 220eligibility for medical parole in the future or for another form of release permitted by law.
249249 221 SECTION 2F. Section 119A is further amended by striking the first sentence of
250250 222subsection (g) and replacing with the following two sentences:
251251 223 A reviewing court may affirm or reverse the commissioner’s decision and grant or deny
252252 224the prisoner’s release. Petitions for certiorari shall be handled by the judiciary with due haste
253253 225considering the urgent nature of medical parole.
254254 226 SECTION 2G. Section 119A is further amended by striking the word “fiscal” from the
255255 227first sentence of subsection (f).
256256 228 SECTION 2H. Section 119A is further amended by striking clauses (i) through (v) of
257257 229subsection (f) and replacing with the following: 12 of 12
258258 230 (i) the number of prisoners in the custody of the department or of the sheriffs who applied
259259 231for medical parole under this section and the race, ethnicity, gender, and age of each applicant at
260260 232the time of the petition; (ii) the number of prisoners who have been granted medical parole and
261261 233the race, and ethnicity, gender, and age of each prisoner at the time of the petition; (iii) the
262262 234nature of the illness of the applicants for medical parole; (iv) the counties to which the prisoners
263263 235have been released; (v) the number of prisoners who have been denied medical parole, the reason
264264 236for the denial and the race, ethnicity, gender, and age of each prisoner at the time of the petition;