Another disappointing story about disappointing implementation of a state compassionate release program

A few weeks ago, via this post, I flagged an effective press piece that detailed some ugly aspects of how New Jersey has been implementing a new state compassionate release law.  Today I just saw this similar press piece regarding Illinois experiences under the headline “26 Died Waiting: Families Call for Reform of Illinois’ Medical Release Program.”   I recommend this article in full, and here is an excerpt:

For decades, Illinois was one of only two states, alongside Iowa, that lacked a medical or compassionate release program for incarcerated individuals. That changed in 2022 with the passage of the Joe Coleman Medical Release Act.

The Act allows terminally ill or medically incapacitated individuals to apply for release from prison to reunite with their loved ones toward the end of their lives.  Its namesake, Joe Coleman, was an 81-year-old man who died alone behind bars from cancer, separated from his children who wished to be with him in his final days.  He had been serving a life sentence at Menard Correctional Center for a gas station robbery.

Under the law, medical incapacity is defined as a diagnosable condition, including dementia or severe permanent disability, that prevents an individual from completing daily activities without assistance.  Terminal illness is classified as an irreversible condition likely to result in death within 18 months.

On paper, the medical release process should allow individuals like [James] Handy — who was diagnosed with both medical incapacitation and terminal illness, to receive relief.  But in practice, the process is far more complex than simply proving a medical condition, and many who appear to have conditions that would qualify are either denied release or deemed ineligible, a review of public documents obtained by Injustice Watch shows.

In 2023, Injustice Watch revealed that the vast majority of applicants seeking medical release in 2022 and 2023 were denied. The trend persists today.

Between 2022 and 2024, 717 people applied for release, yet only 99 were granted freedom, an analysis by the Chicago Reporter found.  Even among those approved, three died in custody a year later.  Meanwhile,  618 applicants … were denied or deemed ineligible.  26 of them, including Handy, died behind bars, hoping for the chance to reunite with their loved ones — one that never came.