Report calls for changes that may be on the horizon through upcoming legislation

FOR IMMEDIATE RELEASE
February 11, 2025

CONTACT:
Connease Warren, Abolitionist Law Center, 713-304-8990, connease@alcenter.org

Philadelphia, PA – A report released by the Abolitionist Law Center (ALC) explores the cruel realities of Pennsylvania’s medical transfer statute, 42 Pa. C.S.9777, a law meant to allow incarcerated individuals to be transferred to a location, whether at home with their loved ones or in a medical facility, where they can receive medical care tailored to their needs so they can die with a modicum of compassion and dignity. However, the law is anything but compassionate, an analysis of cases and stories from family members reveals. 

In one highly publicized case, Ezra Bozeman had to fight a protracted battle to win compassionate release despite being quadriplegic, unable to speak, and having the support of PA Governor Josh Shapiro.

The Allegheny County DA fought every step of the way to keep him behind bars even after he was on life support. They continued to fight for him not to be released because they claimed it wasn’t clear enough that he would die within a year. Days after winning release, Mr. Bozeman died with his wife and loved ones by his side. He was required to wear an ankle monitor until his last breath. 

“There is no compassion in compassionate release as it stands. We couldn’t bear to use the term. It was a brutally cruel release. If there was any compassion, when he came out of surgery as a quadriplegic it would have ended right then,” said Christina Roess, Mr. Bozeman’s wife.

Bozeman’s case illustrates how the limitations and barriers of the statute lead to unnecessary and inhumane treatment despite the minimal public safety threat releasing elderly, ailing incarcerated people poses. Many have been in prison for decades under mandatory excessive sentencing laws. According to experts, medical care in Pennsylvania’s carceral facilities is typically delayed and substandard and prison is not an appropriate care environment for medically vulnerable elders in particular. Release can hinge on the petitioner being labeled non-ambulatory, an overly limiting requirement that can be improperly assessed or shift rapidly during declining health. More paradoxically, if found to be non-ambulatory and granted release, the petitioner must also wear electronic ankle monitors that can be physically harmful as many individuals experience swelling and edema in their lower limbs at the end of life, where ankle monitors can restrict circulation. 

“The needless cruelty inflicted on the sick and elderly living behind bars is the result of a carceral system that prioritizes profit and punishment over rehabilitation, public safety, health, and compassion. It is no surprise then that PA’s restrictive compassionate release statute fails to even scratch the surface in addressing the need for appropriate medical care for incarcerated persons,” said Dolly Prabhu, staff attorney at the Abolitionist Law Center and primary report author.

The need for compassionate release is greater than ever, however the statute’s strict requirements limit eligibility to only a small proportion of the gravely ill—those who receive a prognosis of less than a year to live from a treating physician. Furthermore, there is no right to appointed counsel and not nearly enough lawyers to take on these cases. Since 2009, only approximately 55 people have been granted compassionate release under Pennsylvania’s law. Many people pass away before their petition can be heard in court.

Repealing and replacing the current compassionate release law is the only way forward. Broadening parole eligibility and creating a pathway to determine whether sick and older incarcerated individuals can return to their communities is critical. 

At a press conference in Harrisburg February 5, 2025, PA Rep. Rick Krajewski described the compassionate release system as inadequate, irresponsible, and wildly expensive in remarks announcing plans to introduce a medical release bill.

“We must change this system,” said Rep. Krajewski.

Without access to compassionate release, many incarcerated sick individuals are forced to pursue alternative, more arduous pathways to humane care. Advocates and friends of Marie “Mechie” Scott have joined forces to call for the release of Ms. Scott, who is 71 years old, wheelchair-bound, and fighting breast cancer. She has been incarcerated for over 50 years, but because her doctors do not think she is within a year of dying, she does not qualify for medical transfer. Allies are instead working to convince officials to commute her sentence, which officials at PA state prison SCI Muncy have recommended. 

Advocates and family members throughout the state are committed to fighting for changes for those facing the realities of a medically vulnerable loved one stuck in a cruel system. This report amplifies those realities and calls for more sweeping changes emphasizing decarceration so that prisons cease to be inhumane warehouses, particularly for the sick and elderly .

“Calling it compassionate release is a brutal clear misnomer. There is no compassion, compassion is not there at all,” said Ms. Roess.

Read the report: A Call for Greater Compassion: How Pennsylvania’s Compassionate Release Statute Reinforces Cruelty