Early Medical Release

North Carolina has a law allowing certain prison inmates to be released early for medical reasons. It was passed in 2008, largely in response to concerns that a small number of aging inmates accounted for a sizeable percentage of the system’s medical budget. The law is similar in concept to compassionate release in the federal system under 18 U.S.C. § 3582(c)(1)(A) (and former § 4205(g)) . The federal law has been criticized for its rarity of use; the average number of prisoners receiving compassionate release annually is less than two dozen. A 2013 U.S. Department of Justice internal review described the program as “poorly managed and implemented inconsistently,” prompting policy changes intended to improve access. North Carolina’s early release law is similarly rarely used. Each year the legislature directs the Department of Public Safety and the Post-Release Supervision and Parole Commission to prepare a report on the number of inmates proposed for and granted release. That directive was written into G.S. 143B-707.2(b) last year. S.L. 2013-360, sec. 16C.11.(d). The 2012 report showed that 16 inmates were considered for the program in 2011, resulting in 10 releases, 3 denials, 1 release plan that “did not work out,” and 2 inmates who died prior to release. The 2013 report showed 6 proposals resulting in 6 releases in 2012. Media reports have collected anecdotes about some of the participants in the program. How exactly does North Carolina’s medical release program work? Here is a short summary. Eligibility. Inmates are eligible to be considered for [...]