OAR 255-094-0030: Early Medical Discharge from Parole and Post-Prison Supervision

(1) Purpose and Authority (a) HB 2036 (2021) was enacted because the legislature recognized a need for early medical discharge since, in some cases, supervision can affect a person’s ability to receive appropriate medical care. This does not include persons in need of medical treatment related to temporary medical care. (b) Under HB 2036, Chapter 203, (2021 Laws), the Legislative Assembly provided that the Board of Parole and Post-Prison Supervision may discharge a person from parole or post-prison supervision prior to the end of the supervision term if the person is permanently incapacitated and has a condition that requires constant medical care, requires admission to a care facility, and discharge is compatible with the best interests of the person and the community. Some care or housing facilities will not accept persons who are under supervision. (c) The Board is statutorily required to adopt rules to carry out the provisions of HB 2036, Chapter 203, (2021 Laws). (d) Definitions of terms for this Division can be found in Oregon Administrative Rule 255-005-0005. (2) Policy - The Board may discharge a person from parole or post-prison supervision before the end of the supervision term imposed by the sentencing court under circumstances described in ORS 144.083. The Board assesses community safety in making its decision and will seek to protect the public from undue risk by careful review of each early medical discharge request. (3) Procedure (a) Applications shall be submitted to the Board by: (A) Community Corrections; or (B) The Department of Corrections. (b) Applications: (A) Applications shall be made on forms provided by the Board. (B) The Board will only consider complete applications. Incomplete applications may be returned and may be denied. Materials must be legible and able to be copied. (C) A request shall include the following information: (i) the individual’s release plan, if available, and how the person qualifies for placement in a care facility; (ii) how the individual’s supervision prevents their access to a necessary care facility that will address their medical condition; (iii) how the individual is permanently incapacitated; (iv) recommendation of supervising officer; and (v) any other relevant information. (D) Applications and accompanying documents shall be submitted to the Board by email, mail or via the Board’s website. (c) Criteria for eligibility: (A) a recommendation from the supervising officer; (B) documents from a medical professional that the person is permanently incapacitated and has a condition that requires constant medical care; (C) documentation that parole or post-prison supervision prevents the person from accessing a care facility; and (D) substantiation and verification from a licensed health care professional of the person’s medical condition, the level of care needed, and why the condition causes the individual to require admittance to a particular care facility. (d) The Board will determine eligibility before reviewing an application for discharge. (e) The Board shall make a reasonable effort to notify any victim who has requested notification of the status of a person on parole or post-prison supervision and have provided the Board with contact information prior to any final decision concerning discharge. (f) The Board may request an additional health care professional’s opinion on whether the person under supervision is permanently incapacitated and has a condition requiring constant medical care. (g) The Board may order a risk assessment, psychological evaluation, or psychiatric evaluation to help determine the risk to the community if the person under supervision is discharged from supervision. (4) Decisions (a) The Board may consider any relevant information provided by registered victims, District Attorneys, DOC, Community Corrections and the person under supervision and may conduct its own investigation if deemed appropriate by the Board. (b) Decisions may be made by a panel of one or more Board Members at the Chairperson’s discretion. The panel may make the final decision. (c) The Board may make a decision administratively. (d) The Board will grant discharge if, in its discretion, the Board determines that early discharge from supervision is compatible with the best interests of the person and the community. (e) Following the Board’s decision, the Board shall send notice of the Board's decision to the person under supervision, Community Corrections, registered victims, and any District Attorneys that submitted materials in response to the application.