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Date: April 30, 2024 Tue
Time: 1:41 am
Time: 1:41 am
Results for compassionate release
3 results foundAuthor: Klingele, Cecelia M. Title: Changing the Sentence Without Hiding the Truth: Judicial Sentence Modification as a Promising Method of Early Release Summary: Last year, as the State of California struggled with a $42 billion budget deficit, its financial inability to correct constitutionally-deficient prison conditions led a federal court to order the release of 40,000 state prisoners. In Oregon, Michigan, Connecticut, Vermont, and Delaware, spending on corrections now exceeds spending on higher education. Across the nation, more than 1 of every 100 Americans is behind bars. When the financial crisis of 2008 dealt its blow, state correctional budgets were already nearing a breaking point. Now, in the wake of unprecedented budget shortfalls, state governments have been forced to confront a difficult reality: the ever-increasing prison population has come at too high a price. The question is no longer whether to reduce the number of prisoners, but how. Reversing years of ever-harsher sentencing policies, jurisdictions throughout the United States are trying to cut costs by expanding good time credit, increasing parole eligibility, and authorizing new forms of early release. This Article examines judicial sentence modification, an often overlooked ameliorative mechanism that has potential benefits many other forms of early release lack. For states wishing to promote early release in a manner that is both transparent and publicly accountable, judicial sentence modification is a promising, and potentially sustainable, new mechanism for sentence reduction. Details: Madison, WI: University of Wisconsin Law School, 2010. 49p. Source: Internet Resource: University of Wisconsin Legal Studies Research Paper No. 1109: Accessed August 3, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1576131 Year: 2010 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1576131 Shelf Number: 125853 Keywords: Compassionate ReleaseCosts of Criminal JusticeEarly ReleaseEarned Release CreditGood TimeMeritorious Good TimeParoleSentencingState Budgets |
Author: Human Rights Watch Title: The Answer is No: Too Little Compassionate Release in US Federal Prisons Summary: In the United States, federal prisoners who are dying, incapacitated by illness or age, or confronting other "extraordinary and compelling" circumstances may be eligible for early release from prison. However, last year only 30 out of 218,000 prisoners received such compassionate release, and prior years have yielded equally small numbers. "The Answer is No: Compassionate Release in US Federal Prisons" details how and why the federal Bureau of Prisons (BOP) refuses to make the court motions necessary for compassionate release, leaving prisoners behind bars even when their continued confinement is senseless and inhumane. Congress gave federal courts the authority to decide whether a sentence reduction is warranted in individual cases, taking into account the prisoner's circumstances, the nature of his offense, the likelihood of him reoffending, and other factors. But the courts can only consider releasing prisoners whose cases are referred to them by the BOP. Based on legal research, extensive interviews, and the analysis of scores of cases, this report reveals how and why the BOP substitutes its judgment for that of the courts. It only makes motions to the courts for sentence reduction for prisoners who meet stringent medical criteria and who, in the BOP's view, deserve compassionate release. Human Rights Watch and Families Against Mandatory Minimums urge the BOP to limits its role in compassionate release to screening requests for eligibility, so that the final decisions about early release are made by independent and impartial federal courts, rather than executive branch agencies. The report also recommends that the Department of Justice support a more generous interpretation of compassionate release, and it urges Congress to permit prisoners to take their cases directly to the courts after they have exhausted administrative remedies within the BOP. Details: New York: HRW, 2012. 134p. Source: Internet Resource: Accessed September 13, 2017 at: https://www.hrw.org/sites/default/files/reports/us1112ForUploadSm.pdf Year: 2012 Country: United States URL: https://www.hrw.org/sites/default/files/reports/us1112ForUploadSm.pdf Shelf Number: 127115 Keywords: Compassionate ReleaseEarly Release Federal Inmates Federal Prisons |
Author: Silber, Rebecca Title: A Question of Compassion: Medical Parole in New York State Summary: Compassionate release laws enable incarcerated people who are elderly, seriously ill, incapacitated-or some combination thereof-to obtain parole in order to receive treatment in a community setting and in the company of loved ones. In recent years, the number of older adults in U.S. prisons has soared, even as the overall prison population has declined. With them, the elderly bring increasingly demanding health and end-of-life care needs. However, prisons make insufficient use of these laws and policies. The result? Too many people end up dying in prison, at great human cost and great cost to taxpayers. In this report, Vera outlines a case study of medical parole in New York State and makes practical recommendations that can guide New York-and other states across the country-in making full use of their compassionate release laws. Details: New York: Vera Institute of Justice, 2018. 44p. Source: Internet Resource: Accessed May 7, 2018 at: https://storage.googleapis.com/vera-web-assets/downloads/Publications/medical-parole-new-york-state/legacy_downloads/a-question-of-compassion-full-report_180501_154111.pdf Year: 2018 Country: United States URL: https://storage.googleapis.com/vera-web-assets/downloads/Publications/medical-parole-new-york-state/legacy_downloads/a-question-of-compassion-full-report_180501_154111.pdf Shelf Number: 150085 Keywords: Compassionate ReleaseMedical ParoleParole |