sec.176ADeciding applications made by restricted prisoner

### sec.176A Deciding applications made by restricted prisoner This section applies if a restricted prisoner applies for an exceptional circumstances parole order and a restricted prisoner declaration is in force for the prisoner. The parole board must refuse to make the parole order unless the board is satisfied— the prisoner, as a result of a diagnosed disease, illness or medical condition— is in imminent danger of dying and is not physically able to cause harm to another person; or is incapacitated to the extent the prisoner is not physically able to cause harm to another person; and the prisoner has demonstrated that the prisoner does not pose an unacceptable risk to the public; and that the making of the parole order is justified in the circumstances. If the parole board grants the prisoner parole, the board must give the chief executive written notice of the board’s decision as soon as practicable after the decision is made. s 176A ins 2021 No. 24 s 9 (sec.176A-ssec.1) This section applies if a restricted prisoner applies for an exceptional circumstances parole order and a restricted prisoner declaration is in force for the prisoner. (sec.176A-ssec.2) The parole board must refuse to make the parole order unless the board is satisfied— the prisoner, as a result of a diagnosed disease, illness or medical condition— is in imminent danger of dying and is not physically able to cause harm to another person; or is incapacitated to the extent the prisoner is not physically able to cause harm to another person; and the prisoner has demonstrated that the prisoner does not pose an unacceptable risk to the public; and that the making of the parole order is justified in the circumstances. (sec.176A-ssec.3) If the parole board grants the prisoner parole, the board must give the chief executive written notice of the board’s decision as soon as practicable after the decision is made. - (a) the prisoner, as a result of a diagnosed disease, illness or medical condition— (i) is in imminent danger of dying and is not physically able to cause harm to another person; or (ii) is incapacitated to the extent the prisoner is not physically able to cause harm to another person; and - (i) is in imminent danger of dying and is not physically able to cause harm to another person; or - (ii) is incapacitated to the extent the prisoner is not physically able to cause harm to another person; and - (b) the prisoner has demonstrated that the prisoner does not pose an unacceptable risk to the public; and - (c) that the making of the parole order is justified in the circumstances. - (i) is in imminent danger of dying and is not physically able to cause harm to another person; or - (ii) is incapacitated to the extent the prisoner is not physically able to cause harm to another person; and