Wednesday, November 16, 2011

Medical parolee returned to custody pending hearing

The Board of Parole Hearings (BPH) has ordered a medical examination for Peter Post, who was released to medical parole on November 3, to determine whether his condition has improved to the extent that he no longer qualifies for medical parole. The Board conducted Post’s medical parole hearing on October 21.

On November 8, California Department of Corrections and Rehabilitation (CDCR) parole agents advised BPH of possible improvement of Post’s condition after the parolee allegedly made indecent gestures to female nurses at a San Diego area long-term care facility.

On November 10, parole agents transferred Post from his long-term care facility to a secure medical facility in San Diego County.

Pursuant to the California Code of Regulations and a special condition of medical parole requiring Post to undergo an examination to assess his condition, the Board has ordered an examination by a physician to assess his current medical condition. The BPH will use the report to determine if Post’s medical condition has improved to the extent that he no longer qualifies for medical parole. A hearing will be scheduled after the report is received by BPH.

Post, 56, began serving a 31-year sentence for first-degree burglary from Sacramento County on November 21, 2002. He has prior burglary commitments from 1992 and 2000.

Senate Bill 1399, signed into law in September 2010 and became effective January 1, 2011, allows CDCR to medically parole certain state prison inmates with physical incapacitating conditions. Under the law, BPH may approve medical parole if it determines that the conditions of release would not reasonably pose a threat to public safety.

To be eligible for medical parole consideration, an inmate must be medically incapacitated with a condition that renders him or her permanently unable to perform activities of basic daily living and results in the inmate requiring 24-hour care. The medical parolee would remain under the supervision of CDCR parole agents under specified terms and conditions. Because medical parole results in the inmate’s status to be changed from inmate to medical parole, California taxpayers save costs related to custody.

Under the law, medical parolees could be returned to prison for violating the terms and conditions of medical parole or in the event their medical condition improves to the extent they are no longer eligible.

As of November 9, 2011, the Board of Parole Hearings has heard 27 requests for medical parole since the medical parole law took effect January 1, 2011. Of those heard, 24 requests were granted medical parole, and three have been denied.

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FOR IMMEDIATE RELEASE
NOVEMBER 15, 2011
CONTACT: TERRY THORNTON
(916) 445-4950