(1) The board may release a person on medical parole except a person under sentence of death. To be eligible for a medical parole, a person must have an examination and written diagnosis by a physician licensed under Title 37, MCA to practice medicine. The diagnosis must include a determination that the person suffers from an incapacitating physical condition, disease, or syndrome, a description of the physical condition, disease, or syndrome and a detailed description of the person's physical incapacity and a prognosis addressing the likelihood of the person's recovery from the physical condition, disease, or syndrome and the extent of any potential recovery.

(2) The diagnosis must be reviewed and accepted by the department of corrections before the board may consider granting a medical parole.

(3) The board may not grant a medical parole unless the incapacitating physical condition, disease, or syndrome renders the person highly unlikely to present a clear and present danger to the public safety.

(4) The board shall require as a condition of medical parole that the person agree to placement in an environment chosen by the department during the parole period, including but not limited to a hospital, nursing home or family home. The board may require as a condition of parole that the person agree to periodic examinations and diagnosis at the person's expense. Reports of each examination and diagnosis must be submitted to the board and department by the examining physician. If either the board or department determines that the person's physical capacity has improved to the extent that the person is likely to pose a possible detriment to society, the board may revoke the medical parole and return the person to the custody of the department.

(5) Medical parole may be requested by the board, the department, an incarcerated person, or an incarcerated person's parent, grandparent, child, or sibling by submitting the request in writing to the administrator of the correctional institution in which the person is incarcerated.

(6) After receiving a request for a medical parole hearing from the warden/superintendent or their designate, the board will schedule a hearing in a timely manner.

(7) Prior to the medical parole hearing, the board, through its staff, shall gather for the board's formal deliberations, all pertinent information on each inmate, including but not limited to the nature of the offense, social history, criminal history, institutional performance, and any medical and mental examinations which may have been made while in custody.

(8) Upon receiving notification from the department that a medical parolee is eligible for nonmedical parole, the board will consider the person for nonmedical parole according to the rules established for nonmedical parole consideration. Unless the board otherwise orders or there has been a substantial change in the person's physical condition, disease or syndrome, after medical parole consideration an applicant may not reappear for medical parole consideration for a period of 12 months.

(9) A grant or denial of medical parole does not affect a person's eligibility for nonmedical parole.

(10) Revocation procedures for a medical parolee shall be consistent with the procedural rules adopted for revocation of release.