By Dan Lockwood
From PHN Issue 50, Summer/Fall 2022
Bryant Arroyo is a longtime activist and jailhouse lawyer with expertise in environmentalism, advocacy, and the law. His recent success was helping Mr. Bradford “Bub” Gamble successfully obtain compassionate release. PHN is grateful that Mr. Arroyo has agreed to be interviewed to share his insights so that others can also be granted the same dignity that Mr. Gamble and his family received as a result of his compassionate release.
This information applies to Pennsylvania, but there are similar rules in other states and the federal system that can be found in the prison law library.
PHN: What is compassionate release?
Bryant Arroyo: A compassionate release permits prisoners who are diagnosed with a terminal illness to be released from prison early if certain requirements are met. These requirements are laid out in Pennsylvania Statute 42 Pa.C.S.§9777 (1) and (2). This statute allows an inmate’s original sentencing judge to grant a release after they review a petition for compassionate release.
In Pennsylvania, compassionate release can be allowed under two circumstances:
The first is when a judge releases an inmate to a hospital or long-term nursing facility,
the inmate must meet all of the following criteria:
- They are terminally ill.
- They are expected to live for less than one year.
- They need medical treatment that can be better provided at an outside facility.
The second is when a judge releases an inmate to a hospice care facility. In these
cases, the inmate must meet all of the following criteria:
- They are terminally ill.
- They are no longer able to walk.
- They are expected to live for less than one year.
- They need medical treatment better provided by an outside facility.
If the motion is granted, the original sentence is not changed in any way. Rather, a person’s obligation to serve the balance of the sentence is delayed or “deferred.” If the prisoner dies while receiving outside medical care, this distinction does not matter. But, if the prisoner unexpectedly recovers, the balance of the sentence will have to be served.
PHN: What types of medical conditions might make an inmate eligible for compassionate release?
Arroyo: These include terminal health conditions, meaning conditions that cannot be cured and will lead to death, such as cancer, ALS, end-stage organ disease (ex. heart failure, kidney failure, liver failure), and advanced dementia.
PHN: What are some things to consider prior to filing for compassionate release?
Arroyo: After a doctor determines that an inmate is terminally ill, the inmate then has to decide whether to continue treatments intended to prolong life; or shift to palliative treatment, the goal of which is to manage the symptoms and provide as much comfort as possible.
I strongly recommend to Pennsylvania prisoners to encourage their families, friends, and advocates to support Senate Bill 835 by contacting legislatures, senators, media outlets, podcasts, PrisonRadio.org, publications, periodicals, the Abolitionist Law Center in Pittsburgh, and organizations like the Coalition Against Death by Incarceration (CADBI) and Straight Ahead. Senate Bill 835 can help to reform medical parole in Pennsylvania and reduce barriers to release.
PHN: What are the most important things that a person should do when they plan to request compassionate release to a hospice care facility in Pennsylvania?
Arroyo: The first step is to request the Handicap Disability Form from your medical department. This form will help you get medically approved for a wheelchair or walker. This provides official documentation of your illness, i.e., diabetes, cancer, immuno-compromised deficiencies, etc. You will then submit this form to your Correctional Health Care Administrator (CHCA). After you get legal representation, you then should request the form, DC-ADM, 003, or the Release of Information Policy, and sign and send it to your attorney. This allows your attorney to access all of your medical records from the health care department at your facility and from any outside hospital(s) where you were treated. This will also provide them with access to your records from the Pennsylvania Department of Corrections.
PHN: What are some important points to know before requesting a compassionate release to a hospice provider?
Arroyo: If you are ambulatory (able to walk around without a wheelchair or walker) you will be denied [Editor’s note: This rule about not being able to walk only applies to release to a hospice provider]. If you have more than a year to live, you will be denied.
You will also be denied if you have had or if you receive any misconduct for an assault on staff members, are an “escape risk,” or are deemed “dangerous.” Before being released, you need a hospice care provider to approve your care with them. You must also have a place of residence in Pennsylvania.
PHN: What are some resources that you successfully used in the case of Mr. Bradford “Bub” Gamble that you would suggest to others seeking a compassionate release?
Arroyo: The Abolitionist Law Center was the most helpful resource we used to assist Mr. Bradford “Bub” Gamble in retrieving his hospital/medical records in preparation to filing a successful petition for transfer, pursuant to Title 42 Pa.C.S.§9777 (Compassionate Release). The Abolitionist Law Center was the lead counsel for Mr. Gamble’s case and won his release after 46 years in prison.
The Abolitionist Law Center has been vital in providing legal representation for prisoners seeking compassionate releases. They are currently seeking referrals of anyone who may be a candidate for compassionate release. If you or someone you know in the PA DOC may be eligible, please provide this information to them and have them contact:
The Abolitionist Law Center
P.O. Box 8654
Pittsburgh, PA 15221
Editor’s note: If you reside outside of Pennsylvania, you can try contacting your local ACLU chapter and asking if they can represent you or recommend another lawyer who can.
Prison Health News 