Legal Question in Criminal Law in California

Responsibility of Parole Agents

While serving my sentence I was diagnosed with terminal metastic cancer (breast) which spread into my kidneys at the end of my time. At the time of my release (02/06) I was given a 30 day supply of morphine patches and other meds and turned over to the parole dept. My parole has specific conditions on where I can live, and my PA has moved me several times after my initial release not once helping me seek medical attention for my illness. Fortunately my daughter was able to make arrangements, but she is unable to financially support my medical and/or transportation needs on a regular basis. I have been trying now for 4 months to get my SSI and MediCal benefits in place with no luck, and am out of any options with regards to treatment for my cancer. A lot of issues I guess.

My questions are; Should my parole officer have helped me seek medical attention upon release? What are the guidelines for aid from CDC and the parole agents for an elderly (I'm 59) person who is released and was diagnosed with cancer while in prison? And what recourse, if any, does my daughter have for compensation (or restitution) for her having to change her living conditions (her youngest now lives outside the home), in order to help me thru?


Asked on 4/28/06, 4:50 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Responsibility of Parole Agents

I don't believe the CDC or parole department is obligated on your medical condition after your release from custody. You need to try for assistance from welfare, MediCal, MediCare, SSI, SDI, etc as you have been doing. Try checking in at your local ER on your complaints and request their assistance in benefit applications.

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Answered on 4/28/06, 5:04 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Responsibility of Parole Agents

I'm sorry to hear about all these problems you're having, but I'm afraid the CDC and your parole officer are unlikely to be of much help. Their job at this point is to make sure that you obey the conditions of your release and to offer some limited social services. They are not responsible for taking care of parolees, regardless of how dire a parolee's circumstances may be.

I admire your daughter's willingness to sacrifice other interests in order to make sure you get the care that you need, but she is not entitled to compensation from the state for what she has done. There is no apparent reason to believe the state or the CDC is to blame for your illness, so there is no reason why they should be held responsible for any of its financial consequences.

The state and federal governments do have a variety of benefit programs for which you may be eligible, and I encourage you to apply for them as quickly as possible. There may be local programs available where you are as well. Between welfare, food stamps, Medicaid, Social Security and other programs you may be able to receive substantial assistance paying for the treatment that you need.

I wish you the best of luck under these extraordinarily difficult circumstances.

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Answered on 4/28/06, 5:19 pm


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