Legal Question in Criminal Law in California

Can an Inmate get an early release if he becomes sick in jail? My father-in-law contracted Valley Fever while incarcerated at Avenal St Prison in CA. He is in the 2 year of 3.


Asked on 9/20/09, 4:59 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Probably not. Lots of people get sick while in prison. Prisons offer medical care when this happens. The prisons here in California do not have nearly enough resources for the sheer number of inmates, which is one of the main reasons why the state has been ordered to drastically reduce its inmate population within two years. Those reductions, however, will likely take place after your father-in-law's release date.

Besides, the state will probably decide which inmates to release based upon their perceived danger to society rather than their health status. Since you did not say why your father-in-law is in prison, I don't know how he would measure up under these criteria.

Your father-in-law can seek a compassionate release, but such releases are usually reserved for inmates who are close to death. Even then, they are often denied.

I'm sorry I can't be more encouraging.

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Answered on 9/21/09, 12:48 am


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