An Act to ensure access to medical parole

This bill amends Massachusetts law to clarify the definitions of permanent incapacitation and terminal illness for medical parole purposes, specifying that terminal illness must likely result in death within 18 months. It establishes a formal process allowing petitions for medical parole to be filed by prisoners, their attorneys, family members, or medical staff, requiring prison superintendents to review these requests and submit recommendations to the state commissioner within 21 days. The legislation also mandates that the Department of Correction identify cognitively impaired prisoners through annual standardized testing for those aged 55 and older and report these findings to legal organizations to ensure eligible individuals are not overlooked. Additionally, the bill creates a role for a "surrogate decision-maker" to advocate for incarcerated individuals who cannot speak for themselves and requires the Department to proactively submit petitions on behalf of permanently cognitively incapacitated prisoners.