A new state law was passed in April of 2009 that allows more ill prisoners to be eligible for an earlier release date. However New York criminal defense lawyers should note that it might not be all that is cracked up to be.
The New York Times reports that the prisoners that might qualify for "compassionate release" are chronically ill and terminally ill inmates who are "deemed physically or cognitively unable to present a threat to society."
The new list of eligible and ill patents for compassionate release has been extended to include those "convicted of violent crimes including second-degree murder..., first-degree manslaughter and sex offenses" so long as they have served at least half of their sentence.
This new law has been enacted while 1.6 million people are in prison across the nation and the amount of money it takes to care for a terminally-ill prisoner is $150,809 per year. These costs are typically covered by Medicare or Medicaid.
As a result, New York State's new law is supposed to ease those financial burdens as well as give terminally ill inmates a chance to die with some solace. However, requests for compassionate release are not always granted.
According to KTLA, one well-known criminal that petitioned for compassionate release but was denied was Susan Atkins. This former Manson family member died three weeks later from brain cancer.
When inmates are granted compassionate release, it may not be met with public acceptance. It may actually incite anger. Abdelbaset Ali Mohmed Al Megrahi, the Lockerbie bomber, was granted compassionate release. Megrahi was convicted of bombing Pam Am Flight 103 in 1988. In this tragedy, 270 people were killed.
The New York Daily News reports that when Abdelbaset Ali Mohmed Al Megrahi was diagnosed with terminal prostate cancer, he was granted compassionate release to return to Libya. He was only expected to live for 3 months; however, at 5 months and counting, he is still alive. Needless to say, the families of the victims are not pleased. One told reporters, "I don't know how sick he was (but) you can live with prostate cancer for a long time."
Related Resources:
- Illinois Suspends Second Early Release Program (FindLaw's Blotter Blog)
- States Grant Low-Risk Criminal Offenders Early Release (FindLaw's Blotter Blog)
- Debate Continues Over Early Release for Prisoners in Michigan (FindLaw)
- New York Criminal Defense Attorney Directory (FindLaw)
