Inmates who have a spouse or partner who has become incapacitated and who are the only ones available to care for them qualify for this category of relief.<\/p>\n\t\t\t\t\t2. What policies govern this category of compassionate relief?\t\t\t\t\n\t\t\t\t\t
Program Statement 5050.49<\/a>, Compassionate Release\/Reduction in \u00a0Sentence, governs\u00a0all categories of compassionate release<\/a>. Section 6 specifically pertains to the incapacitation of a spouse or partner.<\/p>\n\t\t\t\t\t3. What is the criteria for Incapacitation of Spouse or Partner compassionate release?\t\t\t\t\n\t\t\t\t\t Three elements must be satisfied. One, the inmate must have a spouse or registered partner. Two, the spouse or registered partner must have become incapacitated. And three, the inmate must be “the only available caregiver.”<\/p>\n\t\t\t\t\t4. Who qualifies as a spouse or registered partner?\t\t\t\t\n\t\t\t\t\t A “spouse” is someone who is legally married to the inmate, and includes common law marriages. A “registered partner” is someone who is in a relationship with the inmate that has been “legally recognized as a civil union or registered domestic partnership.”<\/p>\n\t\t\t\t\t5. Does the marriage or partnership have to predate incarceration?\t\t\t\t\n\t\t\t\t\t Yes. In fact, it must predate the date of arrest.<\/p>\n\t\t\t\t\t6. What does incapacitation consist of?\t\t\t\t\n\t\t\t\t\t Incapacitation consists of “serious injury” or “debilitating physical illness” which renders the spouse or partner completely disabled, meaning they “cannot carry on any self-care and are totally confined to a bed or chair.” A “severe cognitive defect” can also qualify if it impacts the spouse or partner’s “mental capacity or function” Examples include Alzheimer’s disease and traumatic brain injuries.<\/p>\n\t\t\t\t\t7. In addition to what is required for the typical compassionate release request, what other information needs to be provided for review?\t\t\t\t\n\t\t\t\t\t The inmate needs to provide the following information to the Warden for review:<\/p>\n The committee, which consists of the inmate’s unit manager, counselor, and other staff appointed by the Warden, are to “investigate the facts and circumstances provided by the inmate” and are to gather relevant documents for the Warden’s review. This committee gathers the following information:<\/p>\n The following factors are taken into consideration for this category of compassionate relief:<\/p>\n This category of compassionate release is the least likely to succeed. As discussed on our Compassionate Release Statistics<\/a>\u00a0page, 3,059 compassionate release petitions were filed between 2014 and 2018. Only 109 were for the incapacitation of spouse or partner category. Of those, 15 were referred to the Director. While the number of grants in this period is not known, only a total of 306 requests were approved by the Director, while 2,405\u00a0compassionate release requests were denied<\/a>\u00a0for all categories. The remaining petitions were not decided during the period or the inmates died before a decision could be rendered.<\/p>\n\t\t\t\t\t11. Considering the very low likelihood of success, what should I do if I find myself in this situation?\t\t\t\t\n\t\t\t\t\t Because it is challenging to prevail on an incapacitation of spouse or partner compassionate release request, it is essential to provide a professional and polished submission, containing all required supporting documentation, the first time around. One way to ensure that this is accomplished is by retaining a compassionate release attorney<\/a>.<\/p>\n The Law Offices of Brandon Sample has a proven track record of compassionate release success. We can conduct an in-depth investigation into your personal circumstances, obtain all required supporting documentation, draft the petition itself, and submit the packet to your Warden. We can also monitor the petition’s progress and apply pressure where appropriate to give your request the best possible chance at a favorable outcome. Contact us today to get started.<\/p>\n If these Incapacitation of Spouse or Partner Compassionate Release FAQs haven’t answered all of your questions, or if you would like to hire an attorney, call us at 802-444-4357.<\/p>\n\t\n
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