EMR allows early release if the person is terminally ill, with a severe medical condition or is permanently incapacitated. In some cases individuals can be released from:
- Parole or Post-Prison Supervision
- Incarceration
1. Early Medical Discharge from Parole and Post-Prison Supervision - Use this
form.
Under HB 2036, Chapter 203, (2021 Laws), the Legislative Assembly provided that the Board of Parole and Post-Prison Supervision may discharge a person from parole or post-prison supervision prior to the end of the supervision term if the person is permanently incapacitated and has a condition that requires constant medical care, requires admission to a care facility, and discharge is compatible with the best interests of the person and the community. Some care or housing facilities will not accept persons who are under supervision. The Board may discharge a person from parole or post-prison supervision before the end of the supervision term imposed by the sentencing court under circumstances described in ORS 144.083.
The Board assesses community safety in making its decision and will seek to protect the public from undue risk by careful review of each early medical discharge request.
2. Early Medical Release for Adults in Custody (AICs) - Use this
form.
Advancing Release Dates for Adults in Custody (AIC) with a Severe Medical Condition or Permanent Incapacity.
The Board may advance the parole release date of an AIC as provided in ORS 144.122(1)(b) or ORS 144.122(1)(c) or may advance the release date of an AIC as provided in ORS 144.126. The Board may advance the release date of an AIC, if the Board determines that continued incarceration is cruel and inhumane and that resetting the release date to an earlier date is not incompatible with the best interests of the AIC and society and that the AIC:
- (i) suffers from a severe medical condition including terminal illness; or
- (ii) is elderly and is permanently incapacitated in such a manner that the AIC is unable to move from place to place without the assistance of another person.
(b) When making the determination in subsection (7)(a) of this rule, the Board may consider, but is not limited to considering, the following information:
- (i) the age of the AIC;
- (ii) a medical provider’s determination of whether the AIC is elderly and unable to move from place to place without the assistance of another person;
- (iii) whether the AIC has a severe medical condition including a terminal illness;
- (iv) a medical provider’s diagnosis of the nature and severity of AIC’s medical condition and the effect on the AIC’s Activities of Daily Living (ADL);
- (v) the AIC’s institutional disciplinary conduct;
- (vi) the AIC’s criminal history and history of prior performance on supervision;
- (vii) any available information regarding the AIC’s proposed housing plan and plan for medical care;
- (viii) information relevant to there being a reasonable probability that the AIC will remain in the community without violating the law or conditions of supervision;
- (ix) any available information regarding risk of harm to any victim of the AIC’s previous criminal conduct;
- (x) if available, an assessment of the AIC’s current risk of re-offending and risk of harm to the community;
- (xi) the degree of premeditation or deviancy involved in the commission of the crime and whether the AIC’s rehabilitative efforts and severe medical condition mitigates those underlying factors;
- (xii) whether the AIC is able to participate in educational, employment, and rehabilitative programs, or other institution activities considering the AIC’s medical condition; and
- (xiii) any other relevant information.
EMR-R is the form for requesting early release from incarceration due to a severe medical condition or permanent incapacity. An EMR-R form may be submitted by an AIC, or in the event that the AIC lacks the ability to submit the form on their own behalf by the AIC’s legal guardian, a person who is not incarcerated and who has the legal authority to act on behalf of the AIC, or a spouse, parent, child, or sibling of the AIC, and who is not incarcerated.
Internal State of Oregon document for use by DOC medical staff to describe the medical conditions of an applicant for EMR.
(Provided for your information. Do not fill out and submit this form.)