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While most offenders will complete the full length of their sentences, some inmates will be granted early release from prisons. There are two possible paths to an early release, the first being Compassionate Release, which allows for several reasons for an early release, and the second Early Release Procedures, involving a shortened sentence after completion of a drug treatment program. |
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Compassionate release is granted to inmates whose circumstances are exceptional. These are usually referred to as ‘extraordinary and compelling reasons.’ These include four possibilities: - the inmate is suffering from a terminal illness, - the inmate is suffering from a permanent medical issue or is experiencing deteriorating health due to ageing, which affects his or her ability in self care - the death or disqualification of the inmate’s only family member able to care for the inmate’s child - any other reason, or a combination of reasons, which may be believed to be extraordinary and compelling. |
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For this type of early release to be granted, the BOP director must make a motion for compassionate release; no-one other may make a motion. Lastly, it must be deemed by the court that the offender is of no danger to the community. While the rehabilitation of an inmate cannot be a reason for compassionate release in itself, it may become an asset to an inmate experiencing ‘extraordinary and compelling’ circumstances and seeking early release. |
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Early release procedures refer to the early release of non-violent prisoners who have gone through and completed the Residential Drug and Alcohol Program (RDAP.) To be eligible to participate in the program, an offender must have a record of substance abuse for at least one year prior to arrest and have been diagnosed by a psychologist as having a drug use disorder. An inmate must also be deemed capable of completing all phases of the RDAP. The completion of the program renders non-violent offenders eligible for the reduction of sentences by one year at most. |
By Cosima S. 2012-01-04
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