AB 960 attorney Aaron Spolin and his award-winning legal team are ready to file applications to seek compassionate release for clients. We know that you want to be home with your family, and our goal is to help you return to a more normal life. Call us today at (866) 963-7561 to find out if you qualify for AB 960 relief.
What Is AB 960?
In a triumph for incarcerated persons who seek release from prison due to a serious medical condition, California passed Assembly Bill 960, effective September 29, 2022. Now, inmates with serious and advanced illnesses that have end-of-life trajectories and other serious medical conditions may be eligible for resentencing and compassionate release.
Who Is Eligible for Compassionate Release Under AB 960?
The old law allowed the release of prisoners only if they were diagnosed with a terminal illness likely to result in death within 12 months or if they required 24-hour care. Now, if an inmate has a serious and advanced disease or medical condition with an “end-of-life trajectory” or is found to be permanently medically incapacitated, they may be eligible for compassionate release.
Inmates no longer must prove that they require 24-hour total care requirement. Compassionate release is available for people with functional impairments resulting in the permanent inability to complete one or more activities of daily living as well as those with progressive dementia.
AB 960 Recall or Resentencing Process
A critical feature of the new law is that it requires the California Department of Corrections and Rehabilitation (CDCR) to recommend recall or resentencing for someone who meets the medical criteria for resentencing. The law also requires that a hearing must be held within 10 days of the recommendation of the Department to avoid delays in release.
Presumption of Eligibility
The new law creates a presumption that a person who meets the medical criteria will be given compassionate release unless they pose an unreasonable risk of danger to public safety.
Right to Legal Counsel
Indigent incarcerated persons referred to the court for recall and resentencing under these provisions are entitled to appointed counsel to handle their hearings.
There may be some complications with the CDCR recommending inmates for resentencing and compassionate release. Further, prosecutors may claim compassionate release is inappropriate due to risk to public safety. It’s important that you work closely with a post-conviction relief attorney who can help you navigate the AB 960 hearings.
Contact an AB 960 Lawyer at Spolin Law P.C.
Compassionate release for serious medical conditions has long needed an overhaul. With the changes in the definition of medical conditions that qualify for resentencing and release and the new procedures for speeding the process along, more inmates who deserve compassionate release will be able to get it.
The award-winning legal team at Spolin Law P.C. is ready to file applications for resentencing and compassionate release under AB 960. Our lead attorney Aaron Spolin has extensive experience getting successful outcomes for clients like you. Call us today at (866) 963-7561 to learn more about your options for compassionate release under AB 960.