Correctional Services Act, 1998 (Act No. 111 of 1998)Regulations for the Administration of the Department of Correctional Services of the Republic of South AfricaChapter VI : Release from Correctional Centre and Placement under Correctional Supervision and on Day Parole and Parole29A Medical Parole |
| 1) | If it is established by the health status examination as contemplated in section 6(5) of the Act or any subsequent health status examination that a sentenced offender is suffering from a condition of which the prognosis indicate a condition listed in sub-regulation (5), such facts must be recorded in the prescribed register. |
| 2) | An application for medical parole in terms section 79(2) of the Act, shall be initiated by the completion of the applicable form as contained in Schedule B. |
| 3) | When a Head of a Correctional Centre receives an application for medical parole he or she must refer the application to the correctional medical practitioner who must make an evaluation of the application in accordance with the provisions of section 79 of the Act and make a recommendation in this regard. |
| 4) | The recommendation must be submitted to the Medical Parole Advisory Board who must make a recommendation to the National Commissioner, Supervision and Parole Board or Minister as the case may be. |
| 5) | In the assessment by the Medical Parole Advisory Board, the Board must consider whether the offender is suffering from: |
| a) | Infectious conditions- |
| i) | World Health Organisation Stage IV of Acquired immune deficiency syndrome despite good compliance and optimal treatment with anti retroviral therapy; |
| ii) | Severe cerebral malaria; |
| iii) | Methicilin resistance staph aurias despite optimal treatment; |
| iv) | MDR or XDR tuberculosis despite optimal treatment; or |
| b) | Non-Infectious conditions- |
| i) | Malignant cancer stage IV with metastasis being inoperable or with both radiotherapy and chemotherapy failure; |
| ii) | lschaemic heart disease with more than two ischaemic events in a period of one year with proven cardiac enzyme abnormalities; |
| iii) | Chronic obstructive airway disease grade Ill to IV dyspnoea; |
| iv) | Cor-pulmonale; |
| v) | Cardiac disease with multiple organ failure; |
| vi) | Diabetes mellitus with end organ failure; |
| vii) | Pancytopenia; |
| viii) | End stage renal failure; |
| ix) | Liver cirrhosis with evidence of liver failure; |
| x) | Space occupying lesion in the brain; |
| xi) | Severe head injury with altered level of consciousness; |
| xii) | Multisystem organ failure; |
| xiii) | Chronic inflammatory demyelinating Poliradiculoneuropathy; |
| xiv) | Neurological sequelae of infectious diseases with a Karnofky score of 30 percent and less; |
| xv) | Tetanus; |
| xvi) | Dementia, and |
| xvii) | Severe disabling rheumatoid arthritis, and whether such condition constitutes a terminal disease or condition or the offender is rendered physically incapacitated as result of injury, disease or illness so as to severely limit daily activity or inmate self-care. |
| 6) | The Medical Parole Advisory Board may consider any other condition not listed in sub-regulation (5) (a) and (b) if it complies with the principles contained in Section 79 of the Act. |
| 7) | The Medical Parole Advisory Board must make a recommendation to the National Commissioner, the Correctional Supervision and Parole Board or the Minister as the case may be, on the appropriateness to grant medical parole in accordance with section 79(1)(a) of the Act. If the recommendation of the Medical Advisory Board is positive, then the National Commissioner, the Correctional Supervision and Parole Board or the Minister, as the case may be, must consider whether the conditions stipulated in section 79(1)(b) and (c) are present. |