June 16, 2011 By Wallin & Klarich

Medical Parole- Adds Pen. Code § 2065, and adds Title 2.3 (commencing with § 3550) to Pen. Code Part 3.

Governor Arnold Schwarzenegger approved a measure which will allow state prisons to release comatose and physically incapacitated inmates on medical parole. Starting in 2011, the new law will give the Department of Corrections and Rehabilitations the authority to grant medical parole to an inmate who is permanently incapacitated with a medical condition that renders him/her permanently unable to perform activities of basic daily living and requiring 24-hour care.

The option for medical parole includes a screening process to ensure that public safety is not jeopardized by the release of the inmate. Any release would have to be approved by the State Board of Parole Hearings. Prisoners sentenced to death or life in prison without the possibility of parole do not qualify.

A physician employed by the Department of Corrections and Rehabilitation who is the primary caregiver of the prisoner, can refer the inmate to the Board of Parole Hearings for consideration, provided that the physician believes that the medical criteria are met.

If you or a loved one is currently serving a sentence and believe that medical parole is an option, you should contact the attorneys at Wallin & Klarich immediately. Our attorneys have over 30 years of experience. We have the skill and the knowledge to work with the prisons for this kind of legal matter. The attorneys at Wallin & Klarich can be reached by phone at 1-888-749-0034 or through our website www.wklaw.com.

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