make a determination whether the inmate's status as an
eligible offender shall be rescinded. The board shall
notify the department, the prosecuting attorney and the
sentencing court of the board's determination no later
than 60 days after receipt of the objection.
(viii) If the board determines that the inmate is an
eligible offender under this chapter, the board shall
follow the requirements under subparagraph (vi).
(ix) If the board determines that the inmate is not
an eligible offender, the board shall retain exclusive
jurisdiction to grant parole and shall determine whether
the inmate shall be eligible for medical parole at a
later date or if medical parole should be denied.
(2) Nothing in this subsection shall be construed as
granting a right to medical parole to an eligible offender,
and any decision by the board or the department under this
section shall not be considered an adjudication under 2
Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) or Ch. 7 Subch. A (relating to
judicial review of Commonwealth agency action).
(3) Except as provided under this subsection, nothing in
this chapter shall otherwise affect the powers and duties of
the board or the department.
(c) Special consideration.--When considering an aging and
infirm inmate for medical parole, the board shall give special
consideration to whether age, time served and diminished
capacity or physical condition have reduced the aging and infirm
inmate's risk for future violence. The board may also consider
whether the inmate demonstrates the following:
(1) Successful participation in programs designed to
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