SB 2016-018: Compassionate Release Act (Failed)

[tmthforu94]

[quote]Compassionate Release Act
Section 1: Terminal Illness
1. Any prisoner held in a prison, under Atlasian jurisdiction, shall be entitled to compassionate release from prison should they have a terminal illness.
2. A terminal illness diagnosis must be given by three different doctors.
3. The decision to release the prisoner shall rest with the prison staff where they are being held.
    a. The Attorney General shall be allowed to veto any decision made by the prison staff.
4. Any released prisoners shall be supervised and shall have bi-weekly visits from the local police force to ensure that they are abiding by Atlasian law.
    a. Any breach of these laws will result in the person in question returning to prison.

Section 2: Pregnancy
1. Any prisoner held in a prison, under Atlasian jurisdiction, shall be entitled to temporary compassionate release from prison should they be pregnant.
    a. The release shall end once the child has been born.
2. The prisoner shall be deemed as pregnant based the decision of three different doctors.
3. The decision to release the prisoner shall rest with the prison staff where they are being held.
    a. The Attorney General shall be allowed to veto any decision made by the prison staff.
4. Any released prisoners shall be supervised and shall have bi-weekly visits from the local police force to ensure that they are abiding by Atlasian law.
    a. Any breach of these laws will result in the person in question returning to prison, before the pregnancy.

Section 3: Appeals
1. The prisoner shall be allowed to appeal a negative decision made by the prison staff and the Attorney General.
2. The appeal shall be made to the Supreme Court.
3. The prisoner shall remain in prison until the conclusion of the Supreme Court decision.

Section 4: Dangerous and Violent Criminals
1. Criminals who are serving Prison time for violent crimes can only be considered for release once they've served 50% of their sentence.
2. Discipline, Behavior and the nature of their crime should be considered when decisions are regarding compassionate release.
3. Prisoners detained for Terror related charges may not be granted release.
4. Any Prisoners who are released, and are serving for violent crimes must be fitted with an electronic ankle tag to monitor their movements

Sponsor: Clyde1998 (public submission)

72 hours for debate. The sponsor is welcome to present the bill.

[tmthforu94]

I know we don't have this in America, but could you speak to the successes (and failures) of this in other countries? Additionally, do you think it is overstepping to require this for private prisons as well?

I'll have to consider this issue more - I'm definitely open to allowing this for prisoners who are in jail for non-violent crimes.

[Kingpoleon]

I know we don't have this in America, but could you speak to the successes (and failures) of this in other countries? Additionally, do you think it is overstepping to require this for private prisons as well?

I'll have to consider this issue more - I'm definitely open to allowing this for prisoners who are in jail for non-violent crimes.

I agree with this.

However, shouldn't the Attorney General be able to appoint a board or something to help him?

[Clyde1998]

A big thanks to tmthforu for introducing this bill for me.

Compassionate Release is a concept that is common place in the legal systems of England and Wales, New Zealand and Scotland which enables inmates to be released from prison on the grounds of something extraordinary. In the UK, it's only used for major illness, while in New Zealand pregnancy is added as an extra case. Unlikely parole, compassionate release isn't based on the inmates behaviour within the prison, but based purely on their medical or humanitarian situation. I believe that New York state has recently introduced a mechanism to enable terminally ill inmates to be released on compassionate grounds.

In the bill, I've included both terminal illness and pregnancy as the two triggers that would enable compassionate release within this bill, with the pregnancy trigger being only for the duration of the pregnancy to reduce the amount of stress on the unborn child, to ensure that their life chances aren't damaged by the actions of their parents.

The bill includes as clause that requires the local police force to check up on the released inmate every two weeks following their compassionate release to ensure that they are sticking to the terms of their release; failure to comply with the terms will result in their return to prison.

I've noted that the prison staff can decide to release any inmate, with Attorney General being able to veto any decision. The inmate shall be able to appeal a rejection of their application to the Supreme Court, with them making the final decision.

The main successes, across the world, with compassionate release is that I've never heard of a situation where anyone has returned to prison following their release - suggesting that the inmates released stick to the terms of their release. This is a place where no news suggests no problems, as if there were any issues with anyone granted compassionate release - the media would be all over it. In 2014-15, the Scottish Government received ten applications for release from prison (with all ten accepted) - this is around 0.1% of the 8,000 inmates in the country. That rate would led to around 3,000 applications per year for a nation of our size (with the total prison population being around 2.4 million).

The most controversial compassionate release was the 2009 released of Abdelbaset al-Megrahi, who was the only person convicted for the 1988 Lockerbie bombings. The Scottish Justice Secretary, Kenny  MacAskill, made the decision on the basis that al-Mergrahi had less than three months left to live in the conditions at Greenock Prison. The British Government wanted a prisoner transfer at the time (which was eventually found to be related to an oil deal between BP and Libya), which MacAskill rejected. At the time, the US Government were opposed to the release, mainly due to the Lockerbie Bombings being the second worst terrorist attack against the United States. al-Margrahi died nearly three years after his release at his home in Tripoli. Although as the bill, at present, enables the Attorney General and the Supreme Court to veto the release - any release of someone convicted for terrorism is at their discretion.

If anyone wishes to ask any questions about this bill, feel free.

[Blair]

I remember the thing with Megrahi back in 2009- it caused a great amount of anger at the time. I'd probably be a bit more lenient than Tmthu and favour having it for all but certain crimes (rather than all violent crimes) I mean someone doing 40 years for Armed Robbery should have the right to compassionate release at the age of 70

[tmthforu94]

I'll reiterate my question about private prisons. Additionally, do you think biweekly visits are enough? Would you support requiring them to wear ankle monitors during that time? Also, perhaps tightening the definition of terminally ill to including only a limited amount of time to live - say, 6 months. One could have a terminal illness but then live for 5+ more years. Finally, I think it would also make sense to include a clause prohibiting them from leaving the country, or some other sort of geographic boundary.

[Clyde1998]

I remember the thing with Megrahi back in 2009- it caused a great amount of anger at the time. I'd probably be a bit more lenient than Tmthu and favour having it for all but certain crimes (rather than all violent crimes) I mean someone doing 40 years for Armed Robbery should have the right to compassionate release at the age of 70

I think the Megrahi case was only controversial, due to what he had been convicted for (terrorism). I would be happy to limit compassionate release for certain crimes, particularly in the early stages - allowing for additional crimes to be added to the list eligible for compassionate release at a later date, should compassionate release have no major issues if it's introduced.

I'll reiterate my question about private prisons. Additionally, do you think biweekly visits are enough? Would you support requiring them to wear ankle monitors during that time? Also, perhaps tightening the definition of terminally ill to including only a limited amount of time to live - say, 6 months. One could have a terminal illness but then live for 5+ more years. Finally, I think it would also make sense to include a clause prohibiting them from leaving the country, or some other sort of geographic boundary.

I'd recommend having the option available for private prisons, with the same note that the Attorney General can veto the decision made by the prison staff. I believe biweekly is enough, although I'd be willing to have shorter waits between visits - especially for more serious crimes. We could potentially have ankle monitors for released inmates who committed serious crimes, although that could be decided on a case-by-case basis by the Attorney General.

I'd be happy to include a clause to cover both of the final points. Potentially:

5. Any released prisoners shall not be allowed to leave the region in which they reside without the consent of the regional Governor. for Sections 1 and 2 and 1a. For a prisoner to be considered for release, they shall only be determined to have six months, or less, to live. for Section 1.

[Blair]

Ankle tags would work for more serious crimes- I'm happy to offer an amendment tomorrow morning laying out the alternatives for more serious crime issues

[Blair]

[quote]Compassionate Release Act
Section 1: Terminal Illness
1. Any prisoner held in a prison, under Atlasian jurisdiction, shall be entitled to compassionate release from prison should they have a terminal illness.
2. A terminal illness diagnosis must be given by three different doctors.
3. The decision to release the prisoner shall rest with the prison staff where they are being held.
    a. The Attorney General shall be allowed to veto any decision made by the prison staff.
4. Any released prisoners shall be supervised and shall have bi-weekly visits from the local police force to ensure that they are abiding by Atlasian law.
    a. Any breach of these laws will result in the person in question returning to prison.

Section 2: Pregnancy
1. Any prisoner held in a prison, under Atlasian jurisdiction, shall be entitled to temporary compassionate release from prison should they be pregnant.
    a. The release shall end once the child has been born.
2. The prisoner shall be deemed as pregnant based the decision of three different doctors.
3. The decision to release the prisoner shall rest with the prison staff where they are being held.
    a. The Attorney General shall be allowed to veto any decision made by the prison staff.
4. Any released prisoners shall be supervised and shall have bi-weekly visits from the local police force to ensure that they are abiding by Atlasian law.
    a. Any breach of these laws will result in the person in question returning to prison, before the pregnancy.

Section 3: Appeals
1. The prisoner shall be allowed to appeal a negative decision made by the prison staff and the Attorney General.
2. The appeal shall be made to the Supreme Court.
3. The prisoner shall remain in prison until the conclusion of the Supreme Court decision.


Section 4: Dangerous and Violent Criminals
1.) Criminals who are serving Prison time for violent crimes can only be considered for release once they've served 50% of their sentence.
2.) Discipline, Behavior and the nature of their crime should be considered when decisions are regarding compassionate release.
3.) Prisoners detained for Terror related charges may not be granted release.
4.) Any Prisoners who are released, and are serving for violent crimes must be fitted with an electronic ankle tag to monitor their movements

[tmthforu94]

I'm fine with that amendment, I'll allow 24 hours for objections.

Santander has made some valid concerns in the House debate. I will be following closely to Clyde's response to that, which may ultimately determine how I will vote on this legislation.

[tmthforu94]

The amendment is adopted.

After reviewing this legislation as well as current statue, I feel comfortable with what the current law is and don't necessarily support changing it. Thoughts from others?

[tmthforu94]

With no one else offering debate, this will now proceed to a final vote. Senators, please vote AYE, NAY, ABSTAIN.


Nay

[Pingvin]

Nay

[Prince of Salem]

Abstain

[Senator Cris]

Nay

I don't feel comfortable with entire parts of this, like the pregnancy part, the role and the selection of doctors.

[tmthforu94]

With 3 votes against and 1 abstaining, this bill has enough votes to fail. Senators have 24 hours to change their votes.

[The world will shine with light in our nightmare]

Aye.

[Blair]

Aye

[tmthforu94]

With 2 votes in favor, 3 votes against and 1 abstaining, this bill has failed.