Compassionate Release Law

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According to the compassionate release law, a prisoner can be granted early release from the prison on special grounds such as due to child-birth or due to a terminal illness, etc. Even old and disabled prisoners or those prisoners suffering from debilitating diseases like AIDS can be released early from the prison on compassionate grounds. However, the compassionate release of a prisoner is difficult to get sanctioned and requires the fulfillment of strict eligibility requirements.

The individual must be in a position to prove that he is really suffering from a debilitating disease or a terminal illness and has got only six months to live at the most. The person must also show that there is a private nursing home, hospital, or medical institute where he will receive appropriate and adequate medical care once he is released from the prison. The individual needs to confirm that his immediate family members or relatives have ample supply of funds to cater to his medical needs. The individual must also assure and convince the Department of Corrections that even if he manages to survive beyond the predicted 6 months period, he will not violate the law or will not pose any harm to the society.

In most of the states, the court clearly specifies a sentence for a prisoner and includes the exact time period to be served by the prisoner for any offence. The court also spells out whether the prisoner is eligible for parole or not. If the prisoner has committed a grave offence and is sentenced for lifelong imprisonment, then there is no scope for early release or parole and this sentence is known as “life without the possibility of a parole”.

If the prisoner is not sentenced to life without the possibility of a parole, then in that case, the director of the Department of Corrections usually requests a judge to recall the prison commitment of the prisoner, and compassionate release is granted for that jail inmate.

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Source by Pauline Go

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