Legal Question in Criminal Law in Mississippi

inmates with incurable diseases

My son is in a ms prison for robbery, he used a knife, no one hurt

he has liver cancer, and hepititus

his sentence is 8 years

I am told there is a law #(47-7-4)

stating an inmate with diseases such

as these may be eligable for early release

is there any truth to this


Asked on 12/28/05, 3:57 pm

1 Answer from Attorneys

Jan Butler Jan R. Butler

Re: inmates with incurable diseases

Yes:

47-7-4 Conditional medical release of prisoners; criteria; supervision; revocation.

� � � PROBATION AND PAROLE LAW

� � � The commissioner and the medical director of the department may place an offender who has served not less than one (1) year of his sentence, except an offender convicted of a sex crime, on conditional medical release. The commissioner shall not place an offender on conditional medical release unless the medical director of the department certifies to the commissioner that (a) the offender is suffering from a significant permanent physical medical condition with no possibility of recovery; (b) that his further incarceration will serve no rehabilitative purposes; and (c) that the state would incur unreasonable expenses as a result of his continued incarceration. Any offender placed on conditional medical release shall be supervised by the Division of Community Corrections of the department for the remainder of his sentence. An offender's conditional medical release may be revoked and the offender returned and placed in actual custody of the department if the offender violates an order or condition of his conditional medical release.

� � � Sources: Laws, 2004, ch. 426, � 1, eff from and after July 1, 2004.

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Answered on 12/28/05, 6:10 pm


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