In re Martinez
Opinion
Lead Opinion
Huffman, J.
In this case, we interpret Penal Code 1 section 3550 and review the Board of Parole Hearing’s (Board) denial of medical parole for Steven C. Martinez under that statute. This case presents a matter of first impression.
Martinez, an inmate in California State Prison, Corcoran, is a quadriplegic who requires 24-hour care. The Board denied him medical parole under section 3550. Section 3550, subdivision (a) provides the basic requirements for medical parole: “Notwithstanding any other provision of law, except as provided in subdivision (b), any prisoner who the head physician of the institution where the prisoner is located determines, as provided in this section, is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour care, and that incapacitation did not exist at the time of sentencing, shall be granted medical parole if the Board of Parole Hearings determines that the conditions under which the prisoner would be released would not reasonably pose a threat to public safety.”