Medical Parole-Related Petitions in U.S. Courts: Support for Reforming Compassionate Release
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Authors
Cooper, Sarah L.
Bernard, Cory
Issue Date
2021
Volume
54
Issue
2
Type
Journal Article
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Keywords
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Abstract
INTRODUCTION|Compassionate release procedures typically allow prisoners to seek early release because of serious terminal, non-terminal, and/or age-related health issues. In addition to a federal procedure, nearly every U.S. state has at least one compassionate release procedure. Across U.S. states, parole emerges as the most common method of compassionate release, often labeled “medical parole.” Medical
parole procedures can vary in form. Some expressly exclude categories of prisoners based on their conviction type; others determine eligibility solely on age. Some include terminal and nonterminal
illnesses as eligible conditions, whereas others apply solely to terminally ill prisoners with or without a defined life expectancy. Third parties (such as relatives and lawyers) are expressly allowed to petition on behalf of prisoners in some procedures, and some procedures include express time-frames to guide petitioners through relevant processes. Generally, decision-makers (i.e., parole board members) must evaluate medical evidence, determine a prisoner’s risk to public safety, and—if appropriate—set release conditions.
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Citation
Publisher
Creighton University School of Law