AGENCY TESTIMONY
Issues with reporting on compassionate release
1:31:23
·
66 sec
Dr. Subedi addresses the challenges associated with reporting on compassionate release, as proposed in Intro 423. He explains CHS's current practices for providing medical information to defense counsel and the limitations in identifying individuals released due to medical conditions.
- Outlines CHS's process for providing clinical letters for medically complex patients to defense counsel
- Explains that release decisions are made by courts and not automatically granted
- Highlights the difficulty in reporting on compassionate release due to the lack of specific medical reasons in court orders
Bipin Subedi
1:31:23
Regarding compassionate release, CHS's clinical court accuracy team provides defense counsel with patient consent, clinical letters for most medically complex patients.
1:31:33
Attorneys may use these letters, which describe the individual's medical conditions and treatment when advocating for their clients to the courts.
1:31:40
When applicable, CHS will explicitly indicate when a patient has serious medical condition that would benefit from clinical intervention that are not available in the jail setting.
1:31:50
As noted in a July 2023 special report by the NIS independent monitor, release is not automatic.
1:31:56
An individual determination must be made by the court.
1:31:59
If the court determines release is appropriate, the department is notified via court order and that individual is being released on their own recognizance.
1:32:07
However, the order does not specific specify a medical reason for release.
1:32:12
Therefore, neither CHS nor DOC could issue a report on compassionate release that identifies individuals who have been released custody due to a medical condition.
1:32:21
As intro-four twenty three would require, as the court may weigh several factors, including those that are not clinical, and deciding to release an individual from custody.
