Compassionate release is most often granted to inmates with terminal illnesses that cause life expectancies of less than six or eighteen months, depending on the jurisdiction.
Under the United States' Federal law, for example, inmates may be released to care for a minor child or debilitated spouse in the absence of other family caregivers.
This is intended to be after the death or debilitation of the child's primary caregiver in the former case or the finding of permanent mental or physical disability of the spouse in the latter.
Arguments for the expansion of compassionate release programs generally address the benefit to terminally ill prisoners as well as cost savings to the state.
These illnesses can further shorten the lifespan of the individual while he or she is in prison, a setting that already has poorer health outcomes and a lower life expectancy than the general population.
[10] This often results in calls for reform, fueled by statistics regarding the rate of compassionate release and the illnesses of the patients who do not receive it.
Hospice programs within the prisons have been used, although this does not address the humanitarian aspect of allowing inmates to die with dignity among family and friends, and the issue of cost to the state is still prevalent.
A minor child or disabled spouse for whom no other caregiver is available is likely to end up as a ward of the courts or in institutional care if the compassionate release request is not granted.
"[18] The serving Prime Minister of New Zealand in 2016, Sir John Key, voiced his opinion on the Letele case following widespread public outcry and protest.
We do need to take on board the criminal activity that the person’s undertaken but I don’t think we want to see people dying in prison if, on compassionate grounds, it’s reasonable they be returned home.
The decision factored in that there was no offending history, the prison security classification was low and Letele was seriously ill and unlikely to recover.
[26] In practice, the incorporation of units that enable a relationship between a mother and child in prison is consistent with the obligations that New Zealand has in the context of international human rights.
[33] Applications for early release on compassionate grounds are allowed in England and Wales for prisoners serving determinate or indeterminate sentences.
[34] Three general principles are applied during the decision-making process: the safety of the public, new information not available to the court, and whether there was a specific purpose for the early release.
Prisoners serving indeterminate sentences are excluded from this provision and are subject to further restricting criteria in an application for compassionate release based on terminal illness.
[34] They will be assessed on the risk of re-offending, particularly of a sexual or violent nature, whether further imprisonment would reduce their life expectancy, whether adequate arrangements are available outside prison, and whether early release will provide some significant benefit to their family.
[36] The Prison Reform Trust called for a review of the current compassionate release process, commenting on the difficulty that a medical professional will have diagnosing a three-month life expectancy.
[37] The former Deputy Director of the Trust observed that older prisoners who are terminally ill are unlikely to pose a risk to the public.
He believed that a range of options should be considered, including compassionate release to ensure that people spend their last days with dignity.
[38] Compassionate release is founded on a humanitarian concern for the dying, and practical reasons such as high costs or the inability to care adequately for such persons in prison.
If changes cannot be adequately implemented, then compassionate release of the prisoner should be considered in order not to violate Article 3 (on inhumane and degrading treatment) of the European Convention on Human Rights.
[50] In 2013, Herman Wallace was released from Angola Prison to spend the rest of his remaining life in a personal care home.
Lynne Stewart, a criminal defence attorney was convicted of passing messages from imprisoned terrorist Omar Abdel-Rahman (the "Blind Sheikh") to his followers in al-Jama'a al-Islamiyya.
Koeltl cited the incurable nature of Stewart's disease and the "relatively limited risk" of recidivism and danger to the community upon release.