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| Corrections 101: Compassionate Release |
| By Lynne Murray, Corrections.com News Intern |
| Published: 02/02/2009 |
Editor’s note: Our new series “Corrections 101” explores concepts, terms and ideas that serve as the foundation of corrections. The section’s goal is to help those new to the field along with current professionals looking to re-familiarize themselves with information.Susan Atkins was one of the Charles Manson family members who took part in the 1969 murder of actress Sharon Tate. Atkins, along with the seven others of the Mason clan, was convicted and sentenced to prison without parole. Today, she must deal with her own mortality as she faces the possibility of dying in prison from brain cancer. Atkins, who has spent 37 years in prison, and is currently the longest-serving female inmate in California, was hoping her terminal disease was enough to set her free based on an idea known as “compassionate release.” According to the California Code of Regulations, compassionate release can be granted when “an inmate is terminally ill and is not condemned or sentenced to life without the possibility of parole,” or when, “it is evident from the inmate’s exceptional behavior that is so extraordinary beyond simply complying with all regulations and procedures during incarceration that they have changed as a person and would be a positive asset to the community.” “When an inmate has been diagnosed with an incurable disease and would die in six months, the inmate is entitled for compassionate release,” CADOCR Public Information Officer Terry Thornton further explains. “ If an inmate is permanently medically incapacitated and unable to perform activities of basic daily living inside a prison, they also meet criteria.” She says the risk an inmate may pose to public safety is strongly considered, and that it is not considered for those on death row. Ultimately, it is up to a court to decide whether or not to release an inmate on these grounds, and it is rarely granted. In 2007, “Of the 70 inmates considered for compassionate release only ten received it,” Thornton says. After a proceeding that lasted several months, the California Department of Corrections and Rehabilitation denied Atkins’ request. According to California’s parole board, she seemed to show no genuine remorse for her actions. Families of the other victims in the Tate murders also expressed their view that someone committing such a crime should never be released into society. Those favoring compassionate release say inmates who have served so many years in prison have paid their debt to society. If they are terminally ill, they are most likely no longer a threat to society. Also, there is little chance they will go on a crime spree if they have only a few months left to live. Those opposed to this idea, however, argue that a terminal illness does not negate the crime committed. Therefore, it does not make an inmate less innocent, nor does it wash away his crime. Opponents also say the pain inflicted on a victim’s family from crime never subside, so the inmate’s punishment should be carried through. Susan Atkins’ request does bring to light an issue many corrections facilities today face. With the industry grappling with budget cuts and rising prison and jail populations, administrators also must manage the exorbitant costs of health care and other expenses associated with caring for an aging inmate population. If administered judiciously, compassionate release could be one answer to this problem, as it can reduce a prison population that not only takes up the most resources and time, but also requires the costliest health care. |
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Hello My name is Cindy Lee Garcia, And I believe depending on the circumstances of the crime committed, the years the inmate has done in prison, along with the fact that the prisoner has family members who can and are willing to take care of the inmate, it would behoove the State to release the inmate. The family of the prisoner has also suffered these many years at the incarceration of there loved one. It is not the inmate the only one doing this time behind bars.There family also goes through muss distress and pain. I believe the only humane thing and the right thing to do is to release the prisoner to the family that is willing & able to care for there loved one. I pray that this will be more considered in prison systems. I know first hand I have a brother who has been locked up since he was just 19 years old. He was defending himself, the DA wanted him to get 2 degree murder with a sentence of 15 to life . My brother has been locked down for almost 25 years. He has done everything to comply with the prison system. He is now down from a level 4 to a level 2. He has programmed. Is eligible to parole. He became very sick with acute pancreas problems where, where they have had to put a stent in his pacrease in order to stop the pancreas from leaking into his stomach and causing sever pain and he became swollen about 5 times his regular size. He has not been able to eat by mouth in over 2 months, there is a feeding tube connected from the nose through the throat into his stomach, which is the only way he gets any nutrients. Finally got the swelling down after probing into the cavity of his stomach area and back, pulling out over 5 liters of fluid, to bring his body back to normal size. His pancreas will not heal due to he needs another procedure a larger stent, the first one came out. My brother lays in the hospital bed for over 2 months with 3 drain tubes hanging out of him a feeding tube that has been in him the same am. Which not being flushed and changed at least ever 72 hours can keep infection in his body. And there is both infection and fungus growing in his body.
It would be interesting to determine if Atkins' health care costs would be significantly less in the civilian world, as compared to that which she already recieves from the DOC. It is my opinion that if she had been released she could not have afforded her own health care and would still remain dependent upon the tax payers to pay her bills. So, we may in fact reduce prison population slightly yet we are not reducing the health care costs obsorbed by the citizens. Considering that only 70 inmates were even considered during 2007, from the thousands incarcerated, I do not believe that a significant reduction in costs would have been seen. Therefore, in regards to safety and security of the public this is not an issue to thoroughly investigate.