In Alabama, many men and women go into prison when they are young. Depending on their sentence or recidivism rates, they may find themselves still in prison when they are well into their golden years. There are many whom during that time have medical issues that are such that a medical furlough for treatments or compassionate release becomes necessary.
The Alabama Medical Furlough Act, applies to inmates who have not been convicted of sex crimes or capital murder. The Medical Furlough Act has many downsides – and if the particular inmate has applied for and been denied said request because of the discretionary nature of the Act, another option may be Compassionate Release through the Alabama Board of Pardons and Paroles.
Eligibility for Medical Furlough is as follows:
AL Code § 14-14-3 (2013)
Section 14-14-3
Eligibility for furlough.
(a) No physical or medical condition that existed at the time of sentencing shall provide the basis for medical furlough under this chapter, unless the inmate has become permanently incapacitated or terminally ill after the date of sentencing. In considering an inmate’s eligibility for medical furlough, the department shall take into consideration the age of the inmate at the time the crime was committed.
(b) No inmate shall be considered for medical furlough unless the inmate consents in writing to the release after a written explanation of the inmate’s medical needs and the availability of medical services, unless the inmate is not capable of consent as determined by a medical professional.
(c) No inmate shall be considered for medical furlough unless he or she would be Medicaid or Medicare eligible at the time of release or a member of the inmate’s family agrees in writing to assume financial responsibility for the inmate, including, but not limited to, the medical needs of the inmate.
(Act 2008-550, p. 1193, §3.)
However, this particular law has been criticized for placing the discretion of whether to release the inmate solely in the Department of Correction’s Commissioners hands with no assistance on other people to help make a fair and accurate determination – as the law indicates below:
AL Code § 14-14-5 (2013)
Section 14-14-5
Medical release application; eligibility factors; notice; determination.
(a) An inmate, or any concerned person, including, but not limited to, the inmate’s attorney, family, physician, or an employee or official of the department may initiate consideration for medical furlough by submitting to the department an initial medical release application form along with supporting documentation.
(b)(1) The initial application form shall include the report of a physician or physicians employed by the department or its health care provider and a notarized report of at least one other duly licensed physician who is board certified in the field of medicine for which the inmate is seeking a medical furlough and who is not an employee of the department. These reports shall each be of the opinion that the inmate is either terminally ill, permanently incapacitated, or that the inmate suffers from a chronic infirmity, illness, or disease related to aging.
(2) The commissioner shall provide the initial application and medical authorization forms to all department medical care providers, and the forms shall be available at every correctional facility for distribution to inmates.
(c) Consideration for medical furlough shall be initiated by the submission of an application from the department, the inmate, or the inmate’s representative, along with the department’s supporting documentation to the commissioner.
(d) If the appropriate medical documentation pursuant to subsection (b) has indicated that the inmate is permanently incapacitated or terminally ill, the commissioner, within 30 days of receipt of an initial application form, shall make a decision. The initial application form and supporting document of inmates, who have been diagnosed by a physician as suffering from a chronic illness or disease related to aging, shall be submitted to the commissioner within 60 days of receipt of the application by the department. Supporting documentation shall include information concerning the inmate’s medical history and prognosis, age, and institutional behavior. At the inmate’s request, the department shall also provide a copy of all supporting documentation to the inmate.
(e) In determining eligibility factors for a medical furlough, the commissioner shall take into consideration all of the following factors:
(1) Risk for violence.
(2) Criminal history.
(3) Institutional behavior.
(4) Age of the inmate, currently and at the time of the offense.
(5) Severity of the illness, disease, or infirmities.
(6) All available medical and mental health records.
(7) Release plans, which include alternatives to caring for terminally ill or permanently incapacitated inmates in traditional prison settings.
(f) The commissioner shall notify the district attorney of the jurisdiction where the inmate was last sentenced of the consideration of an inmate for a medical furlough and afford the district attorney where the crime was prosecuted a reasonable opportunity to object. The commissioner shall also notify the victim or victims of the crimes listed in paragraphs a. to i., inclusive, of subdivision (1) of subsection (e) of Section 15-22-36, for which the defendant is currently incarcerated, of the review to consider a medical furlough. Notice shall be sent by certified mail, return receipt requested, to the victim or victims named in the indictment.
(g) The commissioner shall make a determination whether to grant medical furlough for terminally ill inmates within 30 days of receipt of an initial application and supporting documentation.
(h) The commissioner shall make a determination whether to grant medical furlough for permanently incapacitated inmates within 30 days of receipt of an initial application and supporting documentation.
(i) The commissioner shall make a determination on whether to grant medical furlough for geriatric inmates within 30 days of receipt of the application and supporting documentation from the department.
(Act 2008-550, p. 1193, §5.)
However, if denied medical furlough, another option is Compassionate Release through the Alabama Board of Pardons and Paroles whereby a person whom is terminal or critically ill can file for an earlier parole hearing date and if schedule a hearing present their case for early release.
