Compassionate release for inmates

The law allows judges to grant early medical release to inmates who are seriously ill or terminally ill. You, your lawyer or someone else on your behalf can file a petition for your medical release from prison for placement in a hospital, long-term nursing care facility, or hospice care location.

You may be released to a hospital or long-term nursing care facility if you prove that: (i) your medical needs would be more appropriately addressed there rather than the prison; (ii) the facility has agreed to accept you; and (iii) you are seriously ill and not expected to live more than a year.

You may be released to a hospice location if, in addition to the 3 items listed above, you also prove that you are terminally ill, not ambulatory (able to walk around) and likely to die in the near future. If you are released to a hospice location you are subject to electronic monitoring by the Department of Corrections.

The Parole Board can also release an inmate early, although the Board usually takes a long time to act. This can be a problem if you are already sick and need prompt action.

Resources/Glossary:

update sticker Compassionate Release Manual last PDF_logo

(posted 11/17/14)

Medical Release Requirements

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