The new threshold would allow inmates to be freed if they are permanently medically incapacitated, or have a serious and advanced illness “with an end-of-life trajectory,” the standard used by the federal prison system.
would allow more ill and dying inmates to be released from state prisons under legislation that cleared the state Senate without opposition on Thursday and heads to the Assembly for final approval.
"Unfortunately, due to flaws in the current system, too few people are being released and far too many are dying before the process is completed," the group said in a recent report. By contrast, current law requires inmates to be terminally ill or permanently medically incapacitated, with strict definitions. The illness currently must be expected to be fatal within 12 months. And permanent incapacity is defined as meaning that an inmate requires medical care around the clock.
The California Narcotic Officers’ Association said in opposition that there is no need for "drastic changes in what is a well-crafted document." The California District Attorneys Association similarly said that current standards "already provide for truly ill inmates to be paroled or resentenced."
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