Photo by Emiliano Bar on Unsplash.

Research

Study Identifies Predictors of Medical Parole Decisions

Medical parole, or compassionate release is a mechanism for people with advanced illness in prison to be released because they are no longer considered public safety threats.

The implementation of medical parole policies is varied, with individual states and the federal prison system all having unique eligibility criteria and application processes. In Massachusetts, medical parole legislation requires that eligible applicants have a “debilitating condition that appears incurable, that will likely cause the death of the inmate in not more than 18 months, or a debilitating physical or cognitive incapacitation.”

In a first of its kind study to try to understand why some petitions are approved in Massachusetts while the majority are not, researchers from Boston University Chobanian & Avedisian School of Medicine, have found that a prison superintendent’s recommendation and the applicant’s inability to perform activities of daily living (ADLs),– like bathing, dressing and eating were the only factors with a statistically significant correlation to the likelihood of medical parole being granted.

“Current studies demonstrate medical parole is underutilized, but little is known about the factors considered when rendering a medical parole decision. Our data suggests the superintendent’s recommendation is associated with the ultimate outcome of the parole decision. This may be because the superintendent of the facility is a trusted colleague of the commissioner,” says corresponding author Nicole Mushero, MD, PhD, assistant professor of medicine at the school.

The researchers conducted a retrospective review of 31 people incarcerated in Massachusetts Department of Corrections facilities who submitted a medical parole claim through Prisoner Legal Services between 2022 and 2023. Analysis of these applications demonstrated that the superintendent and prison medical clinicians who assess an applicant’s ability to perform ADLs, are key stakeholders influencing the approval of a medical parole application. Unexpectedly, a history of disciplinary action while incarcerated was associated with a higher likelihood of application approval, suggesting prior disciplinary action does not decrease the chances of a successful parole application but instead may correlate with the number of years an applicant had served as those who had been incarcerated longer have a higher likelihood of incurring disciplinary issues.

According to the researchers, medical parole is meant to ease suffering for individuals in prison but also to reduce overcrowded prison conditions and save correctional departments and states money by releasing people who are no longer considered public safety threats.“Our study illuminates the limitations of medical parole and how it can be improved to ease overcrowding conditions in prisons which adversely affect incarcerated people but also staff,” adds Mushero.

These findings appear online in the journal Scientific Reports.