For the Defense - Volume 2, Issue 4 - 2017 - 34

$42,000 per year.17 The DOC has attempted to
combat these rising costs by the use of alternative
sentencing schemes such as the Quehanna
Motivational Boot Camp or State Intermediate
Punishment. However, the aging population
rarely qualifies for alternative sentencing and
programming due to their prior criminal record
and age restrictions. The cost of incarceration
increases significantly at age 50, as the likelihood
of serious and chronic conditions arise. Inmates
face age-related disabilities earlier than the
civilian population.18
Many of the inmates that might qualify for
compassionate release for the seriously ill or
terminally ill do not currently have an attorney,
as they were sentenced long ago. They have little
or no financial resources. Additionally, they are
very ill and not in the best position to advocate
for themselves. As defense attorneys, we can start
by filing more of these petitions, taking on the
process, and answering the call for help. It is our
ethical, legal, and moral obligation to do so.

Notes

12.
13.
14.

3.
4.

For more information about Frank's case, see Samantha
Melamed, He Stole a $1 Lemonade, Smoked Pot - Then
Nearly Died in Prison, Philadelphia Inquirer, September
27, 2017, http://www.philly.com/philly/living/
he-stole-a-1-lemonade-smoked-pot-then-nearly-died-inprison-20170927.html.
Pennsylvania Institutional Law Project, An Informational
Guide to Compassionate Release in Pennsylvania
(2014),https://www.palawhelp.org/resource/an-informational-guide-to-compassionate-release-in-pennsylvania.
42 Pa.C.S.A. § 9777.
See 42 Pa.C.S.A. § 9777(a)(2).

10.

11.

15.

The District Attorney will contact victims in the case.
Victims have a right to be heard, including to be present
at the hearing. Victim objection may be a significant
hurdle in cases of violent crimes.
An inmate's family may be helpful in obtaining a release
because inmates are likely to be incarcerated outside the
petitioner's geographic area and obtaining the release
via mail will waste valuable time.
In Frank's case, the SCI eventually provided the records
as a courtesy. Anecdotal evidence suggests this is not
unusual, after a "dance" between counsel and the
Superintendent's office. Nevertheless, an offer to pay,
and a reasonable limit on the time frame and extent of
records needed will be of help.
Generally, mental health, HIV, or substance abuse
records (unless pertinent to the present fatal condition)
are not required. These should not be sought unless
necessary as they require additional privacy releases.
This was not an issue in Frank's case because hospice
agreed to provide services regardless of financial
circumstances.
Other hospice providers may be willing to draw the
appropriate inference of need from the DOC medical
records.
The state prison where the inmate is incarcerated may
be willing to accept service via fax, as they did in Frank's
case. It is best to confirm with the Superintendent's office.
42 Pa.C.S.A. § 9777(a)(1).
42 Pa.C.S.A. § 9777(a)(2).
This issue has not been litigated, probably because no
one can afford to waste the little time the inmate has
left and by the time it reaches the appellate courts, the
issue is moot because the inmate has died.
The DOC was helpful in this regard coordinating with
Frank's sister; however, transportation challenges can
delay release.

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About the Author
Syzane Arifaj is a solo practitioner serving criminal defense clients in Northampton
and Monroe counties. She is also a part-time public defender in Northampton
County. Attorney Arifaj received her Juris Doctor from Syracuse University and
her undergraduate degree from Moravian College.

For The Defense | Vol. 2, Issue 4

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