Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter VII : Release from a Correctional Centre and Placement under Correctional Supervision and on Day Parole and Parole79. Medical parole |
| 1) | Any sentenced offender may be considered for placement on medical parole, by the National Commissioner, the Correctional Supervision and Parole Board or the Minister, as the case may be, if- |
| a) | such offender is suffering from a terminal disease or condition or if such offender is rendered physically incapacitated as a result of injury, disease or illness so as to severely limit daily activity or inmate self-care; |
| b) | the risk of re-offending is low; and |
| c) | there are appropriate arrangements for the inmate's supervision, care and treatment within the community to which the inmate is to be released. |
| 2) |
| a) | An application for medical parole shall be lodged in the prescribed manner, by- |
| i) | a medical practitioner; or |
| ii) | a sentenced offender or a person acting on his or her behalf. |
| b) | An application lodged, by a sentenced offender or a person acting on his or her behalf, in accordance with paragraph (a)(ii), shall not be considered by the National Commissioner, the Correctional Supervision and Parole Board or the Minister, as the case may be, if such application is not supported by a written medical report recommending placement on medical parole. |
| c) | The written medical report must include, amongst others, the provision of- |
| i) | a complete medical diagnosis and prognosis of the terminal illness or physical incapacity from which the sentenced offender suffers; |
| ii) | a statement by the medical practitioner indicating whether the offender is so physically incapacitated as to limit daily activity or inmate self-care; and |
| iii) | reasons as to why the placement on medical parole should be considered. |
| 3) |
| a) | The Minister must establish a medical advisory board to provide an independent medical report to the National Commissioner, Correctional Supervision and Parole Board or the Minister, as the case may be, in addition to the medical report referred to in subsection (2)(c). |
| b) | Nothing in this section prohibits a medical practitioner or medical advisory board from obtaining a written medical report from a specialist medical practitioner. |
| 4) |
| a) | The placement of a sentenced offender on medical parole must take place in accordance with the provisions of Chapter VI and is subject to- |
| i) | the provision of informed consent by such offender to allow the disclosure of his or her medical information, to the extent necessary, in order to process an application for medical parole; and |
| ii) | the agreement by such offender to subject himself or herself to such monitoring conditions as set by the Correctional Supervision and Parole Board in terms of section 52, with an understanding that such conditions may be amended and or supplemented depending on the improved medical condition of such offender. |
| b) | An offender placed on medical parole may be requested to undergo periodical medical examinations by a medical practitioner in the employ of the Department. |
| 5) | When making a determination as contemplated in subsection (1)(b), the following factors, amongst others, may be considered: |
| a) | Whether, at the time of sentencing, the presiding officer was aware of the medical condition for which medical parole is sought in terms of this section; |
| b) | any sentencing remarks of the trial judge or magistrate; |
| c) | the type of offence and the length of the sentence outstanding; |
| d) | the previous criminal record of such offender; or |
| e) | any of the factors listed in section 42(2)(d). |
| 6) | Nothing in this section prohibits a complainant or relative from making representations in accordance with section 75(4). |
| 7) | A decision to cancel medical parole must be dealt with in terms of section 75(2) and (3): Provided that no placement on medical parole may be cancelled merely on account of the improved medical condition of an offender. |
| 8) |
| a) | The Minister must make within six months after promulgation of this Act regulations regarding the processes and procedures to follow in the consideration and administration of medical parole. |
| b) | The regulations referred to in paragraph (a), must be submitted to Parliament for approval- |
| i) | at least one month before promulgation, if Parliament is in session; or |
| ii) | if Parliament is not in session, within one month after the next ensuing session starts. |