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