Amendment ID: S2415-4-R1

Redraft Amendment 4

Corrective Amendment

Ms. Spilka moves to amend the bill in section 1, by inserting after the word “kin”, in line 29, the following words:- “, the commissioner’s medical provider”; and

in said section1, by inserting after the word “released”, in line 33, the following words:- “within 10 days of receipt of the recommendation”; and

in said section 1, by inserting after the word “released”, in line 62, the following words:- “within 10 days of receipt of the recommendation”; and

in said section 1, by striking out proposed subsection (f) of proposed section 119A of chapter 127 and inserting in place thereof the following subsection:-

“(f) A prisoner, commissioner or sheriff aggrieved by a decision denying conditional medical parole made under this section may petition for relief in the superior court in the county of the correctional facility where the prisoner resides or in Suffolk county for a de novo review of the denial.  The petition shall be filed not later than 30 days after receipt of notice of the decision and shall be served on the parole board not later than 7 days after receipt of notice of the decision.  The parole board shall file its answer, which shall include a copy of its statement of reasons, not later than 14 days after service of the complaint.  The court may affirm the decision of the board, remand the matter for further proceedings before the board or set aside a decision of the board if it finds by a preponderance of the evidence that the prisoner is terminally ill or permanently incapacitated. The court shall conduct an evidentiary hearing on the petition not later than 21 days after filing of the answer and shall issue its decision not later than 14 days after completion of the hearing unless the court orders otherwise upon a finding of good cause.

Affirmation of the parole board’s denial of conditional medical parole shall not affect a prisoner’s eligibility for any other form of release permitted by law.

A decision by the court pursuant to this section shall be final, subject to appeal in the manner provided for appeal of civil proceedings; provided, however, that the decision shall not preclude a prisoner’s eligibility for conditional medical parole in the future.”.