Oklahoma § 57-332.18

§ 57-332.18.

Placement on Board docket for medical reason.

Oklahoma Statutes - Title 57. Prisons and Reformatories

A. The Director of the Department of Corrections shall have the

authority to request the Executive Director of the Pardon and Parole

Board to place an inmate on the Pardon and Parole Board docket for a

medical reason, out of the normal processing procedures.

Documentation of the medical condition of such inmate shall be

certified by the medical director of the Department of Corrections.

The Pardon and Parole Board shall have the authority to bring any

such inmate before the Board at any time, except as otherwise

provided in subsection B of this section.

B. When a request is made for a medical parole review of an

inmate who is dying or is near death or is medically frail or is

medically vulnerable as defined in subsection F of this section as

certified by the medical director of the Department of Corrections

or whose medical condition has rendered the inmate no longer an

unreasonable threat to public safety, the Executive Director shall

place such inmate on the first available parole review docket for a

compassionate parole consideration. Inmates who meet the criteria

set out in this section are not subject to the two-stage hearing

process in subsection D of Section 332.7 of this title.

C. No person shall be eligible for consideration for medical

parole without the concurrence of at least three members of the

Pardon and Parole Board. The vote on whether or not to consider

such person for parole and the names of the concurring Board members

shall be set forth in the written minutes of the meeting of the

Board at which the issue is considered.

D. In the event that it is determined that the continuation of

the medical parole presents an increased risk to the public, the

parolee shall be subject to parole revocation. In such case, the

Department of Corrections shall follow the revocation procedure for

violators of parole set forth in Section 516 of this title.

E. The provisions of this section shall not apply to inmates

serving a sentence of life without possibility of parole.

F. As used in this section:

1. "Medically frail" means an individual with a medical

condition which precludes the individual from performing two or more

activities of daily living on their own;

2. "Medically vulnerable" means an individual with one or more

medical conditions which makes the individual more likely to

contract an illness or disease while incarcerated that could lead to

death or cause an individual to become medically frail. The

provisions of this subsection shall only apply during a catastrophic

health emergency as declared by the Governor of this state pursuant

to the provisions of Section 6403 of Title 63 of the Oklahoma

Statutes;

3. "Medical condition" includes, but is not limited to,

debilitating health conditions occurring as a result of the

following:

Oklahoma Statutes - Title 57. Prisons and Reformatories

a.

disabling mental disorders including dementia,

Alzheimer's disease or similar degenerative brain

disorders,

b.

Human Immunodeficiency Virus (HIV) or Acquired Immune

Deficiency Syndrome (AIDS),

c.

cancer,

d.

cardiovascular disease,

e.

chronic lung disease or asthma,

f.

diabetes,

g.

hepatitis C,

h.

seizure disorders,

i.

inmates receiving life sustaining care such as feeding

tubes or colostomy bags,

j.

disabling neurological disorders such as multiple

sclerosis (MS) or amyotrophic lateral sclerosis (ALS),

or

k.

any other condition related to a weakened immune

system or condition that requires or is expected to

require specialty care or recurrent hospitalizations;

4. "Activities of daily living" means basic personal care and

everyday activities including tasks such as eating, toileting,

grooming, dressing, bathing and transferring from one physical

position to another including moving from a reclining position to a

sitting or standing position, that a person cannot perform on his or

her own; and

5. "Dying" or "near death" means an individual with a medical

condition and who has an estimated life expectancy of six (6) months

or less.

G. Victim notification shall be provided as provided in Section

332.2 of this title and as required by Article 2, Section 34 of the

Oklahoma Constitution.

Added by Laws 1989, c. 306, § 6, emerg. eff. May 25, 1989. Amended

by Laws 1998, c. 341, § 1, eff. July 1, 1998; Laws 2001, c. 437, §

29, eff. July 1, 2001; Laws 2002, c. 22, § 18, emerg. eff. March 8,

2002; Laws 2013, c. 124, § 4, eff. Nov. 1, 2013; Laws 2015, c. 42, §

1, eff. Nov. 1, 2015; Laws 2021, c. 277, § 1, eff. Nov. 1, 2021.

NOTE: Laws 2001, c. 204, § 2 and Laws 2001, c. 412, § 2 repealed by

Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.