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Early release for medical issues?

Kittyk96
Kittyk96
My son's Montana lawyer told him that once he is processed, placed, and completes his court ordered counselling, he will put in a request to the judge for early release due to my sons medical issues, He just started serving a ten year federal sentence, and is now in Montana facing charges there. His charges were/are possession and distribution of CP. He also told him that his lawyer from the case here can make the same request. Has anyone ever heard of anyone being released after serving 2 or 3 years of a 10 year sentence because of medical issues? When he went before the judge here, his lawyer asked the court for leniency, asking for maximum sentence of 8 years, the judge came him 10.
I think this guy is giving him false hope, and that pisses me off. Am I wrong? Is early release possible?
DaisyMae8
DaisyMae8
I always heard in Federal they have to serve a certain percentage of time not sure of the amount but think it is around 75% but I could be wrong. Maybe some others will know.
EffieSteffie
EffieSteffie
Depending on his medical issue and the expenses that they would incur by treating him while he is incarcerated they may consider it. I'm sorry to say I wouldn't get my hopes up. Keep in mind that most prisons simply maintain illness vs looking for a cure if it's "humane".
rewdiazepam
rewdiazepam
No, Kitty, the attorney is giving your son false hope. Any early out for medical is almost unheard of. Possible, yes, but very unlikely. If you son was 80 years old with a terminal disease and had less than six months to live, they might consider it, but otherwise, it is an extreme longshot.

I know in the state system, I can never remember anyone getting an early release for a medical problem. Hell, they won't even give them parole in Oklahoma if they have a dire medical situation.

I wish I had more hope for you, but I want to be realistic.

rewdiazepam
Kittyk96
Kittyk96
Thanks to everyone.
My sons issues are: he has Marfan's Syndrome, one thing it does is eat away at soft tissue like lung tissue, his aorta is at risk of enlarging to the point of rupture, and he has emphysema. He also has food allergies. Right now his medical needs consist of a special diet, getting weighed weekly, having an echocardiogram once per year, and having access to his inhalers.
Federal is (i think) 85% of sentence which is 8 1/2 years of a 10 year sentence.
Rew, I agree with you, I think his lawyer is handing him false hope. That is what has me concerned. Do I tell my son, or let him keep his false hope?
shs76
shs76
My husband is in Federal prison. He tells me about a 23 yo blind man, a man who lost his leg while in there and numerous people in wheelchairs. He is in a Low security not a medical facility. It does not sound to me like there is a lot of compassion going on in the BOP. Your son should get 10% of his time in HWH, I think, so his time inside will be a little less. The most important thing is the lawyer needs to concentrate on getting the distribution charge dropped. That is the one with a mandatory minimum. Start collecting as many letters of support as you can. I have a hard time with the bad news topic. I have decided not to spare my LO. Good luck to you both on this long, strange trip.
rewdiazepam
rewdiazepam
Kitty,

I would also start documenting all the communications you have with the BOP regarding your son's medical condition-----every email, every phone call, every letter, etc. In that documentation include what the problem was, what you said to the prison officials, and what was done to correct the problem. Also print out and include any correspondence---e.g. emails--- they have sent you regarding this problem.

Of course, include the date and time. It can be kind of like a diary for further use.

Be thorough. Then, if at any time, something catastrophic happens and you decide to civilly sue the BOP, you will have ammunition to do so. I cannot stress enough fully documenting everything when dealing with any prison entity about an inmate's health concerns.

rewdiazepam
Kittyk96
Kittyk96
shs76, thank you for the info.
rew, I have documented all phone conversations with medical as well as the captain. I have also saved all emails between me and the captain. I also have all emails to and from the idiot lawyer. I am not trying to sound morbid or negative, I am just being realistic. I will be very surprised if my son lives long enough to get out of prison. It's only a matter of what will kill him first, the Marfans or the emphysema, they are both are terminal. My biggest concern right now is his aorta, if it gets too large and goes unchecked, it will rupture. Right now it is on the large side of normal, but not yet an issue. I did raise hell and made sure he had his echo done (it was done last month).