Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1707 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1489 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1707
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia D. Jehlen
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to ensure access to medical parole.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Patricia D. JehlenSecond Middlesex 1 of 13
16	16	SENATE DOCKET, NO. 1489 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1707
18	18	By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1707) of Patricia D. Jehlen for
19	19	legislation to remove barriers to medical parole. Public Safety and Homeland Security.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1535 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to ensure access to medical parole.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 119A of Chapter 127 of the General Laws, as so appearing, is
31	31	2hereby amended by striking out the definitions of “Permanent incapacitation” and “Terminal
32	32	3illness” in subsection (a) and replacing with the following:
33	33	4 ''Permanent incapacitation'', a medical determination of a physical or cognitive
34	34	5incapacitation that appears irreversible, as determined by a licensed physician.
35	35	6 ''Terminal illness'', a medical determination of a condition that appears incurable, as
36	36	7determined by a licensed physician, that is reasonably likely to cause the death of the prisoner in
37	37	8not more than 18 months.
38	38	9 SECTION 2. Section 119A is further amended by striking clauses (i) through (iii) of
39	39	10paragraph (1) of subsection (c) and inserting the following: 2 of 13
40	40	11 The superintendent of a correctional facility shall consider a prisoner for medical parole
41	41	12upon a written petition filed with the superintendent and the Commissioner by the prisoner, the
42	42	13prisoner's advocate, the prisoner's next of kin, a medical provider of the correctional facility or a
43	43	14member of the department's staff. The superintendent shall review the petition and develop a
44	44	15recommendation as to the release of the prisoner. Whether or not the superintendent recommends
45	45	16in favor of medical parole, the superintendent shall, not more than 21 days after the receipt of the
46	46	17petition, transmit the recommendation to the commissioner. (i) a proposed medical parole plan;
47	47	18(ii) a written diagnosis by a physician licensed to practice medicine under section 2 of chapter
48	48	19112; and (iii) an assessment of the current risk for violence that the prisoner poses to society. The
49	49	20risk assessment shall be based on a consideration of the prisoner’s current cognitive and physical
50	50	21ability to violently recidivate, considering the probability that violence will actually occur, in
51	51	22light of the person’s documented current medical condition. Where the person’s disability-related
52	52	23behaviors contribute to current risk, the department shall also consider whether reasonable
53	53	24accommodations in a community setting could mitigate risk. Such assessment shall be supported,
54	54	25if requested by the petitioner, by 24 continuous hours of video surveillance of the prisoner,
55	55	26demonstrating the prisoner’s level of incapacity.
56	56	27 SECTION 3. Section 119A is further amended by striking paragraph (2) of subsection (c)
57	57	28and inserting the following paragraphs:
58	58	29 (c)(2) The department shall, and all other parties may, submit written petitions on behalf
59	59	30of permanently cognitively incapacitated prisoners. The department shall first contact the
60	60	31prisoner's next of kin, advocate, or Prisoners' Legal Services, and notify them of the opportunity
61	61	32to file a petition in lieu of the department. The department shall accept release of information
62	62	33forms signed by the prisoner if no guardian has been appointed. 3 of 13
63	63	34 (c)(3) The department shall ensure that all prisoners aged 55 and older shall be assessed
64	64	35for cognitive decline at least annually by a qualified medical provider administering a
65	65	36standardized cognitive assessment tool in their preferred language. Any cognitive assessment
66	66	37shall, at the prisoner’s request, include a collateral interview with the persons who most closely
67	67	38interact with the prisoner, including prisoner companions. This collateral interview shall be
68	68	39documented in the prisoner’s medical record. Prisoners who are terminally ill, permanently
69	69	40incapacitated, or whose cognitive assessment score falls within a range indicating “moderate” or
70	70	41“severe” cognitive decline shall be referred to Prisoners’ Legal Services and the prisoners’ next
71	71	42of kin. The prisoner, or the prisoner’s family or advocate may request additional assessments at
72	72	43any time by a qualified medical provider.
73	73	44 (c)(4) Upon the commissioner’s receipt of the recommendation pursuant to paragraph
74	74	45(c)(1), the commissioner shall notify, in writing, the district attorney for the jurisdiction where
75	75	46the offense resulting in the prisoner being committed to the correctional facility occurred, the
76	76	47prisoner, the person who petitioned for medical parole, if not the prisoner and, if applicable
77	77	48under chapter 258B, the victim or the victim's family that the prisoner is being considered for
78	78	49medical parole. The parties who receive the notice shall have an opportunity to submit written
79	79	50statements; provided, however, that if the prisoner was convicted and is serving a sentence under
80	80	51section 1 of chapter 265, the district attorney or victim's family may request a hearing.
81	81	52 Where the prisoner meets the medical criteria for medical parole, the department shall
82	82	53submit a medical parole plan meeting the prisoner’s needs to the Parole Board no later than 35
83	83	54days after the department’s receipt of the petition. Where a medical parole plan to a private home
84	84	55that can be made appropriate to the person’s care is available, that home shall be the proposed 4 of 13
85	85	56plan unless the department produces documentation of specific reasons the home placement
86	86	57would cause a risk to public safety.
87	87	58 SECTION 4. Section 119A is further amended by striking subsection (d) and replacing
88	88	59with the following subsections:
89	89	60 (d)(1) A sheriff shall consider a prisoner for medical parole upon a written petition filed
90	90	61with the sheriff and the commissioner by the prisoner, the prisoner's advocate, the prisoner's next
91	91	62of kin, a medical provider of the house of correction or jail or a member of the sheriff's staff. The
92	92	63sheriff shall review the petition and develop a recommendation as to the release of the prisoner.
93	93	64Whether or not the sheriff recommends in favor of medical parole, the sheriff shall, not more
94	94	65than 21 days after receipt of the petition, transmit the recommendation to the commissioner. The
95	95	66sheriff shall transmit with the petition: (i) a proposed medical parole plan; (ii) a written diagnosis
96	96	67by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an
97	97	68assessment of the current risk for violence that the prisoner poses to society. The risk assessment
98	98	69shall be based on a consideration of the prisoner’s current cognitive and physical ability to
99	99	70violently recidivate, considering the probability that violence will actually occur, in light of the
100	100	71person’s documented current medical condition. Where the person’s disability-related behaviors
101	101	72contribute to current risk, the sheriff shall also consider whether reasonable accommodations in a
102	102	73community setting could mitigate risk. Such assessment shall be supported, if requested by the
103	103	74petitioner, by 24 continuous hours of video surveillance of the prisoner, demonstrating the
104	104	75prisoner’s level of incapacity.
105	105	76 (d)(2) The sheriff shall, and all other parties may, submit written petitions on behalf of
106	106	77permanently cognitively incapacitated prisoners. The sheriff shall first contact the prisoner’s next 5 of 13
107	107	78of kin, advocate, or Prisoners’ Legal Services, and notify them of the opportunity to file a
108	108	79petition in lieu of the sheriff. The sheriff shall accept release of information forms signed by the
109	109	80prisoner if no guardian has been appointed.
110	110	81 (d)(3) The sheriff shall ensure that all prisoners aged 55 and older shall be assessed for
111	111	82cognitive decline at least annually by a qualified medical provider administering a standardized
112	112	83cognitive assessment tool in their preferred language. Any cognitive assessment shall, at the
113	113	84prisoner’s request, include a collateral interview with the persons who most closely interact with
114	114	85the prisoner, including prisoner companions. This collateral interview shall be documented in the
115	115	86prisoner’s medical record. Prisoners who are terminally ill, permanently incapacitated, or whose
116	116	87cognitive assessment score falls within a range indicating “moderate” or “severe” cognitive
117	117	88decline shall be referred to Prisoners’ Legal Services and the prisoners’ next of kin. The prisoner,
118	118	89or the prisoner’s family or advocate may request additional assessments at any time by a
119	119	90qualified medical provider.
120	120	91 (d)(4) Upon the commissioner’s receipt of the recommendation pursuant to paragraph
121	121	92(d)(1), the commissioner shall notify, in writing, the district attorney for the jurisdiction where
122	122	93the offense resulting in the prisoner being committed to the correctional facility occurred, the
123	123	94prisoner, the person who petitioned for medical parole, if not the prisoner and, if applicable
124	124	95under chapter 258B, the victim or the victim's family that the prisoner is being considered for
125	125	96medical parole. The parties who receive the notice shall have an opportunity to submit written
126	126	97statements.
127	127	98 Where the prisoner meets the medical criteria for medical parole, the department shall
128	128	99submit a medical parole plan meeting the prisoner’s needs to the Parole Board no later than 35 6 of 13
129	129	100days after the sheriff’s receipt of the petition. Where a medical parole plan to a private home that
130	130	101can be made appropriate to the parolee’s care is available, that home shall be the proposed plan
131	131	102unless the department produces documentation of specific reasons the home placement would
132	132	103cause a risk to public safety.
133	133	104 SECTION 5. Section 119A is further amended by striking subsection (e) and replacing
134	134	105with the following:
135	135	106 (e) The commissioner shall issue a written decision not later than 45 days after the
136	136	107department’s receipt of a petition, which shall be accompanied by a statement of reasons for the
137	137	108commissioner's decision that addresses all of the record evidence. The department shall also
138	138	109establish a policy implementing a further expedited process for decision and release of a person
139	139	110on medical parole whose death by terminal illness is found to be likely in less than 6 months.
140	140	111Medical parole shall be granted to a terminally ill or permanently incapacitated prisoner unless
141	141	112the Commissioner determines by clear and convincing evidence that, if the prisoner is released
142	142	113with appropriate conditions, community supervision, and reasonable accommodations, the
143	143	114prisoner will not live and remain at liberty without violently recidivating. The assessment of
144	144	115terminal illness or permanent incapacitation by a medical provider shall be separate from the
145	145	116public safety risk assessment. Any denial of medical parole shall include a written explanation of
146	146	117the clear and convincing evidence relied upon to determine that the prisoner would not remain at
147	147	118liberty without violently recidivating. No petition shall be denied on medical grounds without a
148	148	119current, in-person evaluation of the prisoner by the licensed physician who is opining that the
149	149	120person is not medically eligible. Petitioners shall have a right to funds for experts pursuant to
150	150	121chapter 261. The parole board shall impose terms and conditions for medical parole that shall 7 of 13
151	151	122apply through the date upon which the prisoner's sentence would have expired and which shall
152	152	123be no more restrictive than the parolee’s current medical condition necessitates.
153	153	124 All decisions to grant or deny medical parole, and the creation of a medical parole plan
154	154	125shall be made without bias pertaining to a person’s race, ethnicity, disability, religion, sexual
155	155	126orientation, or gender identity.
156	156	127 Release after a grant of medical parole shall occur within 7 days of the grant, absent
157	157	128documented extraordinary circumstances preventing such timely release. A prisoner for whom
158	158	129the department cannot identify appropriate post-release placement shall be referred to the
159	159	130Department of Public Health (“DPH”) for placement in an appropriate DPH facility pursuant to
160	160	131section 151 of chapter 127. Not less than 24 hours before the date of a prisoner's release on
161	161	132medical parole, the commissioner shall notify, in writing, the district attorney for the jurisdiction
162	162	133where the offense resulting in the prisoner being committed to the correctional facility occurred,
163	163	134the department of state police, the police department in the city or town in which the prisoner
164	164	135shall reside and, if applicable under chapter 258B, the victim or the victim's family of the
165	165	136prisoner's release and the terms and conditions of the release.
166	166	137 SECTION 6. Section 119A is further amended by striking subsection (f) and replacing
167	167	138with the following:
168	168	139 (f) For all purposes, including revocation, a prisoner granted release under this section
169	169	140shall be under the jurisdiction, supervision and control of the parole board, as if the prisoner had
170	170	141been paroled pursuant to section 130 of chapter 127. The parole board may revise, alter or amend
171	171	142the terms and conditions of a medical parole at any time. 8 of 13
172	172	143 If a parole officer receives credible information that the individual’s terminal illness or
173	173	144permanent incapacitation has reversed to the extent that the individual would no longer be
174	174	145eligible for medical parole under this section, the board shall obtain a medical assessment by a
175	175	146licensed physician of the individual’s current medical condition. If the medical assessment
176	176	147concludes that the individual has reversed to the extent that they no longer qualify for medical
177	177	148parole, the parole officer shall bring the individual before the board for a parole revocation
178	178	149hearing. The individual shall remain at liberty during the pendency of the revocation
179	179	150proceedings, barring a substantial and immediate risk to public safety.
180	180	151 If the board establishes at the parole hearing that the terminal illness or permanent
181	181	152incapacitation has reversed to the extent that the individual is no longer eligible for medical
182	182	153parole pursuant to this section, the board shall order the return of the individual to incarceration,
183	183	154or, subject to appropriate terms and conditions set by the board, order his release to parole
184	184	155supervision under another form of parole permitted by law. If the board orders revocation and
185	185	156reincarceration pursuant to this subsection, the individual shall return to custody in accordance
186	186	157with the terms of their original sentence with credit given only for the duration of the prisoner's
187	187	158medical parole that was served in compliance with all conditions of their medical parole pursuant
188	188	159to subsection (e).
189	189	160 Revocation of an individual’s medical parole for any reason shall not preclude their
190	190	161eligibility for medical parole in the future or for another form of release permitted by law.
191	191	162 SECTION 7. Section 119A is further amended by striking the first sentence of subsection
192	192	163(g) and replacing with the following two sentences: 9 of 13
193	193	164 A reviewing court may affirm or reverse the commissioner’s decision and grant or deny
194	194	165the prisoner’s release. Petitions for certiorari shall be handled by the judiciary with due haste
195	195	166considering the urgent nature of medical parole.
196	196	167 SECTION 8. Section 119A is further amended by striking the word “fiscal” from the first
197	197	168sentence of subsection (f).
198	198	169 SECTION 9. Section 119A is further amended by striking clauses (i) through (v) of
199	199	170subsection (f) and replacing with the following:
200	200	171 (i) the number of prisoners in the custody of the department or of the sheriffs who applied
201	201	172for medical parole under this section and the race, ethnicity, gender, and age of each applicant at
202	202	173the time of the petition; (ii) the number of prisoners who have been granted medical parole and
203	203	174the race, and ethnicity, gender, and age of each prisoner at the time of the petition; (iii) the
204	204	175nature of the illness of the applicants for medical parole; (iv) the counties to which the prisoners
205	205	176have been released; (v) the number of prisoners who have been denied medical parole, the reason
206	206	177for the denial and the race, ethnicity, gender, and age of each prisoner at the time of the petition;
207	207	178 Where the prisoner meets the medical criteria for medical parole, the department shall
208	208	179submit a medical parole plan meeting the prisoner’s needs to the Parole Board no later than 35
209	209	180days after the sheriff’s receipt of the petition. Where a medical parole plan to a private home that
210	210	181can be made appropriate to the parolee’s care is available, that home shall be the proposed plan
211	211	182unless the department produces documentation of specific reasons the home placement would
212	212	183cause a risk to public safety.
213	213	184 SECTION 5. Section 119A is further amended by striking subsection (e) and replacing
214	214	185with the following: 10 of 13
215	215	186 (e) The commissioner shall issue a written decision not later than 45 days after the
216	216	187department’s receipt of a petition, which shall be accompanied by a statement of reasons for the
217	217	188commissioner's decision that addresses all of the record evidence. The department shall also
218	218	189establish a policy implementing a further expedited process for decision and release of a person
219	219	190on medical parole whose death by terminal illness is found to be likely in less than 6 months.
220	220	191Medical parole shall be granted to a terminally ill or permanently incapacitated prisoner unless
221	221	192the Commissioner determines by clear and convincing evidence that, if the prisoner is released
222	222	193with appropriate conditions, community supervision, and reasonable accommodations, the
223	223	194prisoner will not live and remain at liberty without violently recidivating. The assessment of
224	224	195terminal illness or permanent incapacitation by a medical provider shall be separate from the
225	225	196public safety risk assessment. Any denial of medical parole shall include a written explanation of
226	226	197the clear and convincing evidence relied upon to determine that the prisoner would not remain at
227	227	198liberty without violently recidivating. No petition shall be denied on medical grounds without a
228	228	199current, in-person evaluation of the prisoner by the licensed physician who is opining that the
229	229	200person is not medically eligible. Petitioners shall have a right to funds for experts pursuant to
230	230	201chapter 261. The parole board shall impose terms and conditions for medical parole that shall
231	231	202apply through the date upon which the prisoner's sentence would have expired and which shall
232	232	203be no more restrictive than the parolee’s current medical condition necessitates.
233	233	204 All decisions to grant or deny medical parole, and the creation of a medical parole plan
234	234	205shall be made without bias pertaining to a person’s race, ethnicity, disability, religion, sexual
235	235	206orientation, or gender identity.
236	236	207 Release after a grant of medical parole shall occur within 7 days of the grant, absent
237	237	208documented extraordinary circumstances preventing such timely release. A prisoner for whom 11 of 13
238	238	209the department cannot identify appropriate post-release placement shall be referred to the
239	239	210Department of Public Health (“DPH”) for placement in an appropriate DPH facility pursuant to
240	240	211section 151 of chapter 127. Not less than 24 hours before the date of a prisoner's release on
241	241	212medical parole, the commissioner shall notify, in writing, the district attorney for the jurisdiction
242	242	213where the offense resulting in the prisoner being committed to the correctional facility occurred,
243	243	214the department of state police, the police department in the city or town in which the prisoner
244	244	215shall reside and, if applicable under chapter 258B, the victim or the victim's family of the
245	245	216prisoner's release and the terms and conditions of the release.
246	246	217 SECTION 6. Section 119A is further amended by striking subsection (f) and replacing
247	247	218with the following:
248	248	219 (f) For all purposes, including revocation, a prisoner granted release under this section
249	249	220shall be under the jurisdiction, supervision and control of the parole board, as if the prisoner had
250	250	221been paroled pursuant to section 130 of chapter 127. The parole board may revise, alter or amend
251	251	222the terms and conditions of a medical parole at any time.
252	252	223 If a parole officer receives credible information that the individual’s terminal illness or
253	253	224permanent incapacitation has reversed to the extent that the individual would no longer be
254	254	225eligible for medical parole under this section, the board shall obtain a medical assessment by a
255	255	226licensed physician of the individual’s current medical condition. If the medical assessment
256	256	227concludes that the individual has reversed to the extent that they no longer qualify for medical
257	257	228parole, the parole officer shall bring the individual before the board for a parole revocation
258	258	229hearing. The individual shall remain at liberty during the pendency of the revocation
259	259	230proceedings, barring a substantial and immediate risk to public safety. 12 of 13
260	260	231 If the board establishes at the parole hearing that the terminal illness or permanent
261	261	232incapacitation has reversed to the extent that the individual is no longer eligible for medical
262	262	233parole pursuant to this section, the board shall order the return of the individual to incarceration,
263	263	234or, subject to appropriate terms and conditions set by the board, order his release to parole
264	264	235supervision under another form of parole permitted by law. If the board orders revocation and
265	265	236reincarceration pursuant to this subsection, the individual shall return to custody in accordance
266	266	237with the terms of their original sentence with credit given only for the duration of the prisoner's
267	267	238medical parole that was served in compliance with all conditions of their medical parole pursuant
268	268	239to subsection (e).
269	269	240 Revocation of an individual’s medical parole for any reason shall not preclude their
270	270	241eligibility for medical parole in the future or for another form of release permitted by law.
271	271	242 SECTION 7. Section 119A is further amended by striking the first sentence of subsection
272	272	243(g) and replacing with the following two sentences:
273	273	244 A reviewing court may affirm or reverse the commissioner’s decision and grant or deny
274	274	245the prisoner’s release. Petitions for certiorari shall be handled by the judiciary with due haste
275	275	246considering the urgent nature of medical parole.
276	276	247 SECTION 8. Section 119A is further amended by striking the word “fiscal” from the first
277	277	248sentence of subsection (f).
278	278	249 SECTION 9. Section 119A is further amended by striking clauses (i) through (v) of
279	279	250subsection (i) and replacing with the following: 13 of 13
280	280	251 (i) the number of prisoners in the custody of the department or of the sheriffs who applied
281	281	252for medical parole under this section and the race, ethnicity, gender, and age of each applicant at
282	282	253the time of the petition; (ii) the number of prisoners who have been granted medical parole and
283	283	254the race, and ethnicity, gender, and age of each prisoner at the time of the petition; (iii) the
284	284	255nature of the illness of the applicants for medical parole; (iv) the counties to which the prisoners
285	285	256have been released; (v) the number of prisoners who have been denied medical parole, the reason
286	286	257for the denial and the race, ethnicity, gender, and age of each prisoner at the time of the petition;