什麼是醫療假釋?(WHAT IS MEDICAL PAROLE?)

2006年美國紐約法規(2006 New York Code)-醫療假釋釋放(release on Medical Parole)第259-r條規定(資料來源https://www.parole.ny.gov/intro_handbook.html#h2_9)

醫療假釋的目的在使病危或慢性疾病收容人或身體遭受明顯日趨衰弱收容人，在人生終了階段與其家人或愛人可以在監外以有尊嚴方式處理後事。第259-r及259-s條的執行法准許假釋委員會釋放特定疾病收容人在量刑法庭裁定的最低期限到期前，收容人處於重大疾病末期，或處於嚴重無法行走或自理生活階段，及尚未服滿其最低刑期，符合以上條件者可申請醫療假釋，申請醫療假釋案件，收容人或有權代為申請者必須與矯正服務部醫療單位主管聯繫。

The purpose of Medical Parole is to reunite terminally or chronically ill inmates and those who suffer from significant debilitating illness with their families and loved ones during the final stages of illness and to allow death with dignity outside of prison. Sections 259-r and 259-s of the Executive Law permit the Board of Parole to release certain ill inmates prior to the expiration of the minimum term imposed by the sentencing court. Inmates, who are in the final stages of a terminal illness; or are severely restricted in their ability to walk and care for themselves, and have not served their minimum sentence, are eligible to apply for Medical Parole. To apply for Medical Parole, an inmate or someone acting on his or her behalf should contact the Chief Medical Officer of the Department of Correctional Services (DOCS).

醫療假釋釋放只能由假釋審查委員會核准，經過醫師診斷收容人屬於身受重病末期或其他非病危情況導致收容人過度虛弱或無能力以致行動受到限制及無法自理生活，矯正局長或指定人員必須檢視醫師診斷書及結論，並且確認該收容人是如此衰弱及無行為能力，以至於有足夠理由相信該收容人是身體上或認知上無法顯現對社會的任何危害，進而將該申請案件提報假釋部門，醫療假釋每期為6個月，在特定情況下可以申請延期。

Release on Medical Parole may only be granted by the Board of Parole after a physician diagnoses an inmate as suffering from a terminal or other qualifying non-terminal medical condition and concludes that he or she is so debilitated or incapacitated as to be severely restricted in ability to self-ambulate and care for his or herself. The Commissioner of DOCS or a designee must review the physician’s diagnosis and conclusions and certify that the inmate is so debilitated or incapacitated as to create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society and forward the application to the Division of Parole. Medical Parole is granted for a period of six months and is renewable under certain conditions.

矯正部門要提供合適的醫療釋放計畫並提供假釋部門，在釋放同時，該計畫需要確認該收容人醫療處遇所需等級，並有提供合適醫療照顧等級場所的已確認收受處所，所有接受醫療假釋收容人必須維持在醫師照顧之下的特別條件，並在適合醫療場所，及配合其他釋放條件。

An appropriate medical discharge plan is established by DOCS and provided to the Division of Parole. The plan identifies the level of medical care the inmate will require upon release, and must include a confirmed placement in a facility that can provide the appropriate level of care. All inmates released on Medical Parole must have a special condition to remain under the care of a physician and in a medically appropriate placement, as well as other conditions of release.