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Monday, July 12, 1999
Terminally Ill Prisoners Rarely Freed Under Early Parole Laws
By Sunny Kaplan, Staff Writer
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Terminally ill prisoners who want to die at home rather than behind bars may be eligible for an early release under a state's "medical parole" or "compassionate release" law. But critics say the procedure is rarely used and that the process is bureaucratic and filled with red tape.
"Often times prisoners die while their medical parole is being processed. People need to recognize that these (paroles) are extremely hard to get granted," said Jackie Walker, the AIDS information coordinator with the ACLU National Prison Project in Washington, D.C.
About 30 states and the federal prison system have either a "medical parole" law that is overseen by the state parole board, or a "compassionate release" procedure, that is either legislated or part of an internal department of corrections procedure that allows for the early release of dying prisoners.
Just under 100 inmates were released under medical parole or compassionate release laws in 1997, according to the National Institute of Corrections. That number is down from 143 inmates released in 1996 and 214 released in 1994, according to the National Institute of Justice.
Rhode Island is the most recent state to pass a medical parole law.
Rhode Island's law, like that of most other states, says that in order for a prisoner to be granted early release it must be shown he or she is suffering from a terminal illness and to a reasonable medical certainty has only six months to live; that there is a medical discharge plan that determines the prisoner has an appropriate place to receive care, such as in a nursing home, hospice or private home; that the prisoner or their family can cover the cost of their care once released; and that the inmate would pose no harm to society if by chance they survive.
Prisoners sentenced to life without possibility of parole are not eligible for release under Rhode Island's law. Connecticut denies eligibility to a prisoner convicted of a capitol felony and New York similarly eliminates prisoners convicted of murder in the first or second degree, manslaughter in the first degree, and sexual offenses.
New York's law was passed in 1992, and through 1997 201 ill inmates had been released. But 409 inmates who applied for medical parole died before their review process was completed, according to Attorney Jack Beck, with the New York Legal Aid Society.
Although safeguards in the laws supposedly guarantee that prisoners who are released won't be dumped in the street without proper medical care, some corrections specialists worry that in the future officials may be eager to release medically-needy prisoners who no longer pose a threat to society.
Prisons currently spend 10 percent of their corrections budgets on average to cover the cost of inmate health care. Some states spend up to 15 percent of their total budgets on health care.
"My concern is that as the prison population ages, medical expenses are going to rise and corrections departments will try to cut expenses by dumping people into the community without adequate provisions for their care," said Professor Leo Carroll, a corrections specialist and the chairman of the Sociology Department at the University of Rhode Island.
While in prison, inmates are guaranteed "adequate" medical care. A 1976 U.S. Supreme Court ruling held that indifference to a prisoner's serious illness or injury is cruel and unusual punishment under the Eight Amendment.
Judy Greenspan, an advocate for California Prison Focus' AIDS in Prison Project, helped craft the compassionate release legislation in California. Her biggest complaint is that the process has become overly politicized.
"The whole problem with compassionate release is that no matter how it is instituted it is a political process. It should be a medical process decided by doctors," Greenspan said. "The prison system is more than reluctant to part with even the most seriously ill or disabled prisoner. The procedures are long, cumbersome and without realistic time limits."
Under California's "recall of sentence" law, 197 ill prisoners have been released since 1991. Prisoner advocates say that it costs more than $75,000 a year to incarcerate a terminally ill prisoner in California compared to $21,000 annually for a healthy one.
Tip Kindel, a spokesperson for California's corrections department claims the process is expedient. Once an inmate is diagnosed with six months or less to live, a petition can be filed by either the inmate, their family, or by the corrections department on their behalf. It then goes to the director of the corrections department who has 30 days to pass it on to the sentencing judge for a decision.
Dr. Eugene Madsen, a retired physician who spent five years treating prisoners at California's Avenal State Prison, said the cost of caring for sick prisoners often drives the decision to grant them an early release. Madsen also argues that upon release it is usually the taxpayers that pick up the bill for the former-inmate's health-care costs.
"It transfers the burden of cost and care for that prisoner to the outside society, which has a history of not caring for the people who don't have the money and ability. We as society have a dismal history of turning these people out in the streets and calling them crazy, homeless people," Madsen said.
Tough sentencing laws are leading to aging inmate populations. The Justice Department recently reported that 16 percent of inmates in state prisons and local jails are mentally ill. Also, about two-and-a-half percent of the prison population is infected with the HIV virus, and in some states up to 30 to 40 percent of inmates are infected with Hepatitis C, which can lead to lethal damage of the liver.
To accommodate terminally ill inmates in prisons, 11 states and the Federal Bureau of Prisons have developed formal prison hospice programs, according to a 1998 report from the National Institute of Corrections. The states include: California, Colorado, Illinois, Louisiana, Maryland, Missouri, New York, North Carolina, Pennsylvania, South Carolina and Texas.
A "hospice" is a facility that emphasizes providing support and humane care to a dying patient, rather than trying to cure the underlying disease. The report said that 12 more states are considering developing such a program.
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Most Recent Comments
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FEDRAL PRISON CALIFORNIA.
By pamela stottlemyre on Nov 10, 2009 2:29:59 AM
Would anybody no how to get medical records on a person the passed away in the fedral person?DOSE A PERSON HAVE TO GET A COURT ORDER?To get them.
THANKS YOU
PAM
Report as Offensive
prison
By Courtney Hammett on May 21, 2009 7:21:36 PM
My dad was in prison for the past four years and have been sick about the whole time and when he went to the doctor in the prison they told him to just chew his food better and our family knew better and so did my dad. In December of last year he was out on 309 and slowly got worse when he went back to the doctor there they reported that his liver was shuting down and he was in need of medical attention. 2 weeks latter he was inmitted in the state university hospital and diagonsed with cancer. we was avoided by the prison personell and turned away when we went to visit him at the hospital. He was thransported to the prison on march 17,2009 and passed away on march 27,2009. We were shocked by the news since we were unaware of his condition to be this bad. I feel like there are answers out there and i want to know how the state can be so wrong to the families of the prisoners.
Report as Offensive
inmate brother ill with cancer
By Doris Rives on Nov 20, 2008 12:00:46 PM
My heart goes out to you and I hope things are well with you. In late 2006 my brother was told he had kidney cancer. The prison and the CMS were made aware of the doctor's findings. They did nothing about it. No treatments, No medicines. NOTHING!
My brother began haveing problems, so in or about May of 2008, more test were ran. He was told the cancer had spread.
On June 26, 2008, he was allowed to have surgery. The doctor had to remove his kidney, lower lobe of his lung and several layers of his back muscle was shaved off. The artery needed work, but he was on the table so long, the doctor closed him up and wanted to do a follow up in 30 days. It's Nov.20,2008 and that follow up has not been done yet.
This month (Nov.) He was taken back to Little Rock for test and was told he had a spot on his good lung. When he was taken back for a biopsie, the doctor found a second spot. After the biopsie, his lung collapsed and an emergency perceedure had to be performed on that. It does not take a rocket scienctist to figure out his future.
Unless God, intervenes and heals him, a premature death sentence has been placed on my brother. I blame the prison and CMS for that. If they had given him the proper medical treatment starting in 2006, he would still be the picture of health today. I know for certain , that my brothers eight-admendment rights has been violated. He was not treated in a timely manner. This certainly is cruel and unusual punishment.
I was in prison ministry for 3 yrs. WE made weekly meetings across 5 states. The prison and CMS staff are ruder than any inmate I have every came in contact with. My brother wanted me to be informed about his medical condition and he told CMS so and put in a written letter. I have called the prison and asked to speak with a CMS staff member who could give me information. I was told under the Hippa Law, they could not give out information on him and was not.
The Hippa Law states:
3. Do I have to give my health care provider
(in this case, it is CMS) written permission to share or discuss my health information with my family members, friends, or others involved in my care or payment for my care?
HIPAA does not require that you give your health care provider written permission. However, your provider may prefer or require that you give written permission. You may want to ask about your providerâs requirements.
Well, how do you find out about CMS, written requirements. They sure wont tell you anything.
All we know is what they tell him and that isn't much since they don't have to and don't.
There's alot more I would like to say, but I know this has been lenghty. I'll cotinue to pray for inmates and their families, because I know they belong to someone who loves them. And God, forbid, should they ever get sick in prison.
God,bless you
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terminally ill incarcerated son
By Joyce Cooper on Feb 5, 2008 10:49:45 AM
my son is incarcerated and is dying from cancer. he has less than six months to live. the facility where he is located is in pa. . he is constanly going out to the hospital where no medical records follow and the doctors have a difficult time treating him. the doctors at the hospitals call me for medical records, and information on his condition and treatment. it takes them longer to treat him because they don't know what his medical history is or even why he was sent to them. they have a difficult time trying to contact the facility doctor for information and records. they are not giving him proper treatment while at the hospital it was discovered that his catherter had not been changed for three months and that there was a medication that could have been used to slow down his tumor growth rate . why isn't the prison facility doctor knowledgeable of this simple treatments that could make a prisoner more comfotable during this time .prisoners belong to someone even though they have broken the law and are serving thieer time someone still cares ,love and are concerned about them. as a mother and also, a correctional officer i am walking a thin line here, but my first commit is to my son. i just want to know that he is being given the best possible care that he or any one else with a terminal illness deservrs.
Report as Offensive
cdc medical regulations
By Rosemary cazares on Dec 16, 2007 3:06:17 PM
the cdc regulations have no compassion for the inmate family and children of the inmates. my brother is in pleasant vally in coalinga with a terminall illness and the family never is contacted when my brother is hospitalized and in a state of no return. when you pressure the facility to know where they are because you cannot get a visit due to they are not in the facility they put you through alot of termoil and when you do get a answer they tell you ( well you know he is diying and he will leave in a box) and it is not to his advantage to try and get a compassion realese because he is not on his last hours. he has been in the hospital alot so when is the time to ask. the state puts the familiy on alot of ups and downs and heartakes and treats the inmate like they dont matter but only to find out they are still someones loved ones. and are in someone life. they are still someones father,brother,and maybe a husband to be someday if the familiy can find a doner. so at what point will the state let the family share their last days or moments. (WILL IT BE IN A BOX AS THEY SAY ?).
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The seventh annual Hal Hovey Award was presented Feb. 3 to Marc Perrusquia, an enterprise and investigative reporter for The Commercial Appeal, the daily newspaper in Memphis Tenn. The award is made jointly by Stateline.org, which is part of the Pew Center on the States, and Governing Magazine for outstanding coverage of state and local government. | |
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Powered by
By pamela stottlemyre on Nov 10, 2009 2:29:59 AM
Would anybody no how to get medical records on a person the passed away in the fedral person?DOSE A PERSON HAVE TO GET A COURT ORDER?To get them.
THANKS YOU
PAM
Report as Offensive
prison
By Courtney Hammett on May 21, 2009 7:21:36 PM
My dad was in prison for the past four years and have been sick about the whole time and when he went to the doctor in the prison they told him to just chew his food better and our family knew better and so did my dad. In December of last year he was out on 309 and slowly got worse when he went back to the doctor there they reported that his liver was shuting down and he was in need of medical attention. 2 weeks latter he was inmitted in the state university hospital and diagonsed with cancer. we was avoided by the prison personell and turned away when we went to visit him at the hospital. He was thransported to the prison on march 17,2009 and passed away on march 27,2009. We were shocked by the news since we were unaware of his condition to be this bad. I feel like there are answers out there and i want to know how the state can be so wrong to the families of the prisoners.
Report as Offensive
inmate brother ill with cancer
By Doris Rives on Nov 20, 2008 12:00:46 PM
My heart goes out to you and I hope things are well with you. In late 2006 my brother was told he had kidney cancer. The prison and the CMS were made aware of the doctor's findings. They did nothing about it. No treatments, No medicines. NOTHING!
My brother began haveing problems, so in or about May of 2008, more test were ran. He was told the cancer had spread.
On June 26, 2008, he was allowed to have surgery. The doctor had to remove his kidney, lower lobe of his lung and several layers of his back muscle was shaved off. The artery needed work, but he was on the table so long, the doctor closed him up and wanted to do a follow up in 30 days. It's Nov.20,2008 and that follow up has not been done yet.
This month (Nov.) He was taken back to Little Rock for test and was told he had a spot on his good lung. When he was taken back for a biopsie, the doctor found a second spot. After the biopsie, his lung collapsed and an emergency perceedure had to be performed on that. It does not take a rocket scienctist to figure out his future.
Unless God, intervenes and heals him, a premature death sentence has been placed on my brother. I blame the prison and CMS for that. If they had given him the proper medical treatment starting in 2006, he would still be the picture of health today. I know for certain , that my brothers eight-admendment rights has been violated. He was not treated in a timely manner. This certainly is cruel and unusual punishment.
I was in prison ministry for 3 yrs. WE made weekly meetings across 5 states. The prison and CMS staff are ruder than any inmate I have every came in contact with. My brother wanted me to be informed about his medical condition and he told CMS so and put in a written letter. I have called the prison and asked to speak with a CMS staff member who could give me information. I was told under the Hippa Law, they could not give out information on him and was not.
The Hippa Law states:
3. Do I have to give my health care provider
(in this case, it is CMS) written permission to share or discuss my health information with my family members, friends, or others involved in my care or payment for my care?
HIPAA does not require that you give your health care provider written permission. However, your provider may prefer or require that you give written permission. You may want to ask about your providerâs requirements.
Well, how do you find out about CMS, written requirements. They sure wont tell you anything.
All we know is what they tell him and that isn't much since they don't have to and don't.
There's alot more I would like to say, but I know this has been lenghty. I'll cotinue to pray for inmates and their families, because I know they belong to someone who loves them. And God, forbid, should they ever get sick in prison.
God,bless you
Report as Offensive
terminally ill incarcerated son
By Joyce Cooper on Feb 5, 2008 10:49:45 AM
my son is incarcerated and is dying from cancer. he has less than six months to live. the facility where he is located is in pa. . he is constanly going out to the hospital where no medical records follow and the doctors have a difficult time treating him. the doctors at the hospitals call me for medical records, and information on his condition and treatment. it takes them longer to treat him because they don't know what his medical history is or even why he was sent to them. they have a difficult time trying to contact the facility doctor for information and records. they are not giving him proper treatment while at the hospital it was discovered that his catherter had not been changed for three months and that there was a medication that could have been used to slow down his tumor growth rate . why isn't the prison facility doctor knowledgeable of this simple treatments that could make a prisoner more comfotable during this time .prisoners belong to someone even though they have broken the law and are serving thieer time someone still cares ,love and are concerned about them. as a mother and also, a correctional officer i am walking a thin line here, but my first commit is to my son. i just want to know that he is being given the best possible care that he or any one else with a terminal illness deservrs.
Report as Offensive
cdc medical regulations
By Rosemary cazares on Dec 16, 2007 3:06:17 PM
the cdc regulations have no compassion for the inmate family and children of the inmates. my brother is in pleasant vally in coalinga with a terminall illness and the family never is contacted when my brother is hospitalized and in a state of no return. when you pressure the facility to know where they are because you cannot get a visit due to they are not in the facility they put you through alot of termoil and when you do get a answer they tell you ( well you know he is diying and he will leave in a box) and it is not to his advantage to try and get a compassion realese because he is not on his last hours. he has been in the hospital alot so when is the time to ask. the state puts the familiy on alot of ups and downs and heartakes and treats the inmate like they dont matter but only to find out they are still someones loved ones. and are in someone life. they are still someones father,brother,and maybe a husband to be someday if the familiy can find a doner. so at what point will the state let the family share their last days or moments. (WILL IT BE IN A BOX AS THEY SAY ?).
Report as Offensive