End-of-Life Illness
PC § 1172.2(b)(1): A serious and advanced illness with an end-of-life trajectory, meaning it is progressing toward death. Examples include metastatic cancer, ALS, end-stage organ disease, and advanced end-stage dementia.
Who Qualifies
Eligibility criteria for compassionate release.
Compassionate release under Penal Code § 1172.2 is based on medical criteria, not age or rehabilitation alone. We help families understand whether their loved one might qualify and which pathway may fit. This page is general information, not legal advice.
Permanent Medical Incapacitation
PC § 1172.2(b)(2): A permanent medical condition or incapacitation that leaves the person permanently unable to complete basic activities of daily living, including, but not limited to, bathing, eating, dressing, toileting, transferring, and ambulation. The person does not have to be dying, and the condition must not have existed at sentencing.
Disability and ADA Records
A wheelchair, oxygen, limited walking, or an ADA designation is strong supporting evidence, but none of these guarantees eligibility by itself. Doing part of a task slowly does not automatically rule someone out. We document what the person can actually complete, how much help they need, and why it will not improve. Recent court decisions have often turned on dependence on another person for daily care.
Public Safety
If the medical criteria are met, the law presumes release. The court may deny it only if it finds an unreasonable risk that the person would commit a super strike offense, based on their current physical and mental condition.
Who Is Excluded
People sentenced to death or life without the possibility of parole, and people convicted of first-degree murder of a police officer tied to the officer's duties, cannot receive compassionate release.
Age Alone Is a Different Program
Age and years served are not compassionate release requirements. They apply to Elderly Parole (PC § 3055), which offers a parole hearing, generally at age 50 after 20 years. AB 2727 raises this to age 65 and 25 years for certain serious sex offenses starting January 1, 2027. Second and third strikers are excluded from that program.
Not sure if your loved one qualifies?
Start with our free phone consultation. We'll review the medical history, sentencing details, and circumstances to tell you honestly whether a Compassionate Release Comprehensive Package has a reasonable chance.