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HOUSE DOCKET, NO. 1114 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 2693
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Lindsay N. Sabadosa and Erika Uyterhoeven
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to elder and medical parole.
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PETITION OF:
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
HOUSE DOCKET, NO. 1114 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 2693
By Representatives Sabadosa of Northampton and Uyterhoeven of Somerville, a petition
(accompanied by bill, House, No. 2693) of Lindsay N. Sabadosa, Erika Uyterhoeven and others
relative to elder and medical parole. Public Safety and Homeland Security.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to elder and medical parole.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Elder Parole
2 Chapter 127 of the General Laws is hereby amended by inserting after Section 133E the
3following section:-
4 Section 133F: Parole eligibility for people aged 55 and older who have served at least
5half or 15 years of their sentence
6 When a person serving a sentence of incarceration has reached the age of fifty-five and
7has served at least (i) one half of the minimum term they are sentenced to serve, accounting for
8any applicable aggregate sentence or component sentence or (ii) fifteen years, whichever is less,
9the parole board shall schedule a hearing within sixty days of the person's fifty-fifth birthday or
10the day that they meet the time served requirement of this section, whichever is later, to
11determine whether such person should be granted a parole permit under Chapter 127 Section
12133A of the General Laws, notwithstanding exclusions based on sentence in that section. 2 of 12
13 The board shall also give special consideration to the incarcerated person’s advanced age;
14the impact of their long-term confinement; any age-related medical conditions; any diminished
15physical or mental capacity; and the Department of Correction’s record of providing adequate
16reasonable accommodations to the individual given these conditions.
17 After such hearing the parole board may, by a vote of two-thirds of its members, grant a
18permit to be at liberty upon such terms and conditions as it may prescribe for the unexpired term
19of the sentence. A parole permit shall be granted unless the board determines by clear and
20convincing evidence that, even if released with appropriate conditions and community
21supervision, the incarcerated person will not live and remain at liberty without violating the law.
22Assessment as low risk on a recent validated risk assessment tool, completion of institutional
23program plans, or a classification score indicating minimum security or prerelease,
24notwithstanding overrides or restrictions, shall indicate readiness for parole release.
25 The parole board shall issue its decision within two months of the hearing. If such permit
26is not granted, the parole board shall, at least once in each ensuing two year period for the
27duration of the sentence, hold a hearing and consider carefully and thoroughly the merits of
28releasing such prisoner on parole and may, by a vote of two-thirds of its members, grant such
29parole permit.
30 All decisions to grant or deny parole shall be made without bias pertaining to a person’s
31race, ethnicity, disability, religion, sexual orientation, or gender identity. The parole board shall
32not deny parole solely or primarily on the basis of the parole applicant's underlying criminal
33conviction. 3 of 12
34 The hearings required by this section shall be in addition to and not replace other parole
35or medical parole eligibility.
36 If an incarcerated person is indigent, the incarcerated person shall have the right to
37appointed counsel at the Elder parole hearing and shall have the right to funds for experts
38pursuant to chapter 261. Indigent people on parole shall have the right to appointed counsel at
39any revocation and rescission hearings.
40 No person placed on parole shall be reincarcerated solely for violating a condition of
41parole that does not result in a new conviction. Once a person has lived on parole for three years
42without a new criminal conviction, upon application, the Board shall terminate their parole
43pursuant to MGL c. 127, sec 130A unless there is clear and convincing evidence that it is in the
44public interest for parole to continue.
45 The Parole Board shall file an annual report not later than March 1 for the prior fiscal
46year with the clerks of the senate and the house of representatives, the senate and house
47committees on ways and means, and the joint committee on the judiciary detailing: (i) the
48number of incarcerated people in the custody of the department of correction or the sheriffs who
49were eligible for parole under this section and the age, gender, race, ethnicity, and governing
50offense of each person; (ii) the number of incarcerated people who have been granted parole
51under this section and the age at the time of the hearing, gender, race and ethnicity, and
52governing offense of each person; (iii) the number of incarcerated people who have been denied
53parole under this section, the reason for the denial, and the age, gender, race and ethnicity, and
54governing offense of each person; (iv) the number of incarcerated people eligible for parole
55under this section who have had previous elder parole hearings; (vii) the number of incarcerated 4 of 12
56people released under this section who have been returned to the custody of the department or
57the sheriff and the reason for each prisoner's return. Nothing in this report shall include
58personally identifiable information of incarcerated people.
59 SECTION 2. Medical Parole
60 Section 119A of Chapter 127 of the General Laws, as so appearing, is hereby amended
61by striking out the definitions of “Permanent incapacitation” and “Terminal illness” in subsection
62(a) and replacing with the following:
63 ''Permanent incapacitation'', a medical determination of a physical or cognitive
64incapacitation that appears irreversible, as determined by a licensed physician.
65 ''Terminal illness'', a medical determination of a condition that appears incurable, as
66determined by a licensed physician, that is reasonably likely to cause the death of the prisoner in
67not more than 18 months.
68 SECTION 2A. Section 119A is further amended by striking clauses (i) through (iii) of
69paragraph (1) of subsection (c) and inserting the following:
70 The superintendent of a correctional facility shall consider a prisoner for medical parole
71upon a written petition filed with the superintendent and the Commissioner by the prisoner, the
72prisoner's advocate, the prisoner's next of kin, a medical provider of the correctional facility or a
73member of the department's staff. The superintendent shall review the petition and develop a
74recommendation as to the release of the prisoner. Whether or not the superintendent recommends
75in favor of medical parole, the superintendent shall, not more than 21 days after the receipt of the
76petition, transmit the recommendation to the commissioner. (i) a proposed medical parole plan; 5 of 12
77(ii) a written diagnosis by a physician licensed to practice medicine under section 2 of chapter
78112; and (iii) an assessment of the current risk for violence that the prisoner poses to society. The
79risk assessment shall be based on a consideration of the prisoner’s current cognitive and physical
80ability to violently recidivate, considering the probability that violence will actually occur, in
81light of the person’s documented current medical condition. Where the person’s disability-related
82behaviors contribute to current risk, the department shall also consider whether reasonable
83accommodations in a community setting could mitigate risk. Such assessment shall be supported,
84if requested by the petitioner, by 24 continuous hours of video surveillance of the prisoner,
85demonstrating the prisoner’s level of incapacity.
86 SECTION 2B. Section 119A is further amended by paragraph (2) of subsection (c) and
87inserting the following paragraphs:
88 (c)(2) The department shall, and all other parties may, submit written petitions on behalf
89of permanently cognitively incapacitated prisoners. The department shall first contact the
90prisoner's next of kin, advocate, or Prisoners' Legal Services, and notify them of the opportunity
91to file a petition in lieu of the department. The department shall accept release of information
92forms signed by the prisoner if no guardian has been appointed.
93 (c)(3) The department shall ensure that all prisoners aged 55 and older shall be assessed
94for cognitive decline at least annually by a qualified medical provider administering a
95standardized cognitive assessment tool in their preferred language. Any cognitive assessment
96shall, at the prisoner’s request, include a collateral interview with the persons who most closely
97interact with the prisoner, including prisoner companions. This collateral interview shall be
98documented in the prisoner’s medical record. Prisoners who are terminally ill, permanently 6 of 12
99incapacitated, or whose cognitive assessment score falls within a range indicating “moderate” or
100“severe” cognitive decline shall be referred to Prisoners’ Legal Services and the prisoners’ next
101of kin. The prisoner, or the prisoner’s family or advocate may request additional assessments at
102any time by a qualified medical provider.
103 (c)(4) Upon the commissioner’s receipt of the recommendation pursuant to paragraph
104(c)(1), the commissioner shall notify, in writing, the district attorney for the jurisdiction where
105the offense resulting in the prisoner being committed to the correctional facility occurred, the
106prisoner, the person who petitioned for medical parole, if not the prisoner and, if applicable
107under chapter 258B, the victim or the victim's family that the prisoner is being considered for
108medical parole. The parties who receive the notice shall have an opportunity to submit written
109statements; provided, however, that if the prisoner was convicted and is serving a sentence under
110section 1 of chapter 265, the district attorney or victim's family may request a hearing.
111 Where the prisoner meets the medical criteria for medical parole, the department shall
112submit a medical parole plan meeting the prisoner’s needs to the Parole Board no later than 35
113days after the department’s receipt of the petition. Where a medical parole plan to a private home
114that can be made appropriate to the person’s care is available, that home shall be the proposed
115plan unless the department produces documentation of specific reasons the home placement
116would cause a risk to public safety.
117 SECTION 2C. Section 119A is further amended by striking subsection (d) and replacing
118with the following subsections:
119 (d)(1) A sheriff shall consider a prisoner for medical parole upon a written petition filed
120with the sheriff and the commissioner by the prisoner, the prisoner's advocate, the prisoner's next 7 of 12
121of kin, a medical provider of the house of correction or jail or a member of the sheriff's staff. The
122sheriff shall review the petition and develop a recommendation as to the release of the prisoner.
123Whether or not the sheriff recommends in favor of medical parole, the sheriff shall, not more
124than 21 days after receipt of the petition, transmit the recommendation to the commissioner. The
125sheriff shall transmit with the petition: (i) a proposed medical parole plan; (ii) a written diagnosis
126by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an
127assessment of the current risk for violence that the prisoner poses to society. The risk assessment
128shall be based on a consideration of the prisoner’s current cognitive and physical ability to
129violently recidivate, considering the probability that violence will actually occur, in light of the
130person’s documented current medical condition. Where the person’s disability-related behaviors
131contribute to current risk, the sheriff shall also consider whether reasonable accommodations in a
132community setting could mitigate risk. Such assessment shall be supported, if requested by the
133petitioner, by 24 continuous hours of video surveillance of the prisoner, demonstrating the
134prisoner’s level of incapacity.
135 (d)(2) The sheriff shall, and all other parties may, submit written petitions on behalf of
136permanently cognitively incapacitated prisoners. The sheriff shall first contact the prisoner’s next
137of kin, advocate, or Prisoners’ Legal Services, and notify them of the opportunity to file a
138petition in lieu of the sheriff. The sheriff shall accept release of information forms signed by the
139prisoner if no guardian has been appointed.
140 (d)(3) The sheriff shall ensure that all prisoners aged 55 and older shall be assessed for
141cognitive decline at least annually by a qualified medical provider administering a standardized
142cognitive assessment tool in their preferred language. Any cognitive assessment shall, at the
143prisoner’s request, include a collateral interview with the persons who most closely interact with 8 of 12
144the prisoner, including prisoner companions. This collateral interview shall be documented in the
145prisoner’s medical record. Prisoners who are terminally ill, permanently incapacitated, or whose
146cognitive assessment score falls within a range indicating “moderate” or “severe” cognitive
147decline shall be referred to Prisoners’ Legal Services and the prisoners’ next of kin. The prisoner,
148or the prisoner’s family or advocate may request additional assessments at any time by a
149qualified medical provider.
150 (d)(4) Upon the commissioner’s receipt of the recommendation pursuant to paragraph
151(d)(1), the commissioner shall notify, in writing, the district attorney for the jurisdiction where
152the offense resulting in the prisoner being committed to the correctional facility occurred, the
153prisoner, the person who petitioned for medical parole, if not the prisoner and, if applicable
154under chapter 258B, the victim or the victim's family that the prisoner is being considered for
155medical parole. The parties who receive the notice shall have an opportunity to submit written
156statements.
157 Where the prisoner meets the medical criteria for medical parole, the department shall
158submit a medical parole plan meeting the prisoner’s needs to the Parole Board no later than 35
159days after the sheriff’s receipt of the petition. Where a medical parole plan to a private home that
160can be made appropriate to the parolee’s care is available, that home shall be the proposed plan
161unless the department produces documentation of specific reasons the home placement would
162cause a risk to public safety.
163 SECTION 2D. Section 119A is further amended by striking subsection (e) and replacing
164with the following: 9 of 12
165 (e) The commissioner shall issue a written decision not later than 45 days after the
166department’s receipt of a petition, which shall be accompanied by a statement of reasons for the
167commissioner's decision that addresses all of the record evidence. The department shall also
168establish a policy implementing a further expedited process for decision and release of a person
169on medical parole whose death by terminal illness is found to be likely in less than 6 months.
170Medical parole shall be granted to a terminally ill or permanently incapacitated prisoner unless
171the Commissioner determines by clear and convincing evidence that, if the prisoner is released
172with appropriate conditions, community supervision, and reasonable accommodations, the
173prisoner will not live and remain at liberty without violently recidivating. The assessment of
174terminal illness or permanent incapacitation by a medical provider shall be separate from the
175public safety risk assessment. Any denial of medical parole shall include a written explanation of
176the clear and convincing evidence relied upon to determine that the prisoner would not remain at
177liberty without violently recidivating. No petition shall be denied on medical grounds without a
178current, in-person evaluation of the prisoner by the licensed physician who is opining that the
179person is not medically eligible. Petitioners shall have a right to funds for experts pursuant to
180chapter 261. The parole board shall impose terms and conditions for medical parole that shall
181apply through the date upon which the prisoner's sentence would have expired and which shall
182be no more restrictive than the parolee’s current medical condition necessitates.
183 All decisions to grant or deny medical parole, and the creation of a medical parole plan
184shall be made without bias pertaining to a person’s race, ethnicity, disability, religion, sexual
185orientation, or gender identity.
186 Release after a grant of medical parole shall occur within 7 days of the grant, absent
187documented extraordinary circumstances preventing such timely release. A prisoner for whom 10 of 12
188the department cannot identify appropriate post-release placement shall be referred to the
189Department of Public Health (“DPH”) for placement in an appropriate DPH facility pursuant to
190section 151 of chapter 127. Not less than 24 hours before the date of a prisoner's release on
191medical parole, the commissioner shall notify, in writing, the district attorney for the jurisdiction
192where the offense resulting in the prisoner being committed to the correctional facility occurred,
193the department of state police, the police department in the city or town in which the prisoner
194shall reside and, if applicable under chapter 258B, the victim or the victim's family of the
195prisoner's release and the terms and conditions of the release.
196 SECTION 2E. Section 119A is further amended by striking subsection (f) and replacing
197with the following:
198 (f) For all purposes, including revocation, a prisoner granted release under this section
199shall be under the jurisdiction, supervision and control of the parole board, as if the prisoner had
200been paroled pursuant to section 130 of chapter 127. The parole board may revise, alter or amend
201the terms and conditions of a medical parole at any time.
202 If a parole officer receives credible information that the individual’s terminal illness or
203permanent incapacitation has reversed to the extent that the individual would no longer be
204eligible for medical parole under this section, the board shall obtain a medical assessment by a
205licensed physician of the individual’s current medical condition. If the medical assessment
206concludes that the individual has reversed to the extent that they no longer qualify for medical
207parole, the parole officer shall bring the individual before the board for a parole revocation
208hearing. The individual shall remain at liberty during the pendency of the revocation
209proceedings, barring a substantial and immediate risk to public safety. 11 of 12
210 If the board establishes at the parole hearing that the terminal illness or permanent
211incapacitation has reversed to the extent that the individual is no longer eligible for medical
212parole pursuant to this section, the board shall order the return of the individual to incarceration,
213or, subject to appropriate terms and conditions set by the board, order his release to parole
214supervision under another form of parole permitted by law. If the board orders revocation and
215reincarceration pursuant to this subsection, the individual shall return to custody in accordance
216with the terms of their original sentence with credit given only for the duration of the prisoner's
217medical parole that was served in compliance with all conditions of their medical parole pursuant
218to subsection (e).
219 Revocation of an individual’s medical parole for any reason shall not preclude their
220eligibility for medical parole in the future or for another form of release permitted by law.
221 SECTION 2F. Section 119A is further amended by striking the first sentence of
222subsection (g) and replacing with the following two sentences:
223 A reviewing court may affirm or reverse the commissioner’s decision and grant or deny
224the prisoner’s release. Petitions for certiorari shall be handled by the judiciary with due haste
225considering the urgent nature of medical parole.
226 SECTION 2G. Section 119A is further amended by striking the word “fiscal” from the
227first sentence of subsection (f).
228 SECTION 2H. Section 119A is further amended by striking clauses (i) through (v) of
229subsection (f) and replacing with the following: 12 of 12
230 (i) the number of prisoners in the custody of the department or of the sheriffs who applied
231for medical parole under this section and the race, ethnicity, gender, and age of each applicant at
232the time of the petition; (ii) the number of prisoners who have been granted medical parole and
233the race, and ethnicity, gender, and age of each prisoner at the time of the petition; (iii) the
234nature of the illness of the applicants for medical parole; (iv) the counties to which the prisoners
235have been released; (v) the number of prisoners who have been denied medical parole, the reason
236for the denial and the race, ethnicity, gender, and age of each prisoner at the time of the petition;