State. v. A.M.

The New Jersey Appellate Division reversed the lower court’s denial of a petition for compassionate release. A.M. suffers from end-stage multiple sclerosis, a progressive condition that renders her physically incapable of conducting any daily life activities and requires twenty-four-hour daily medical care. After serving eight years of her forty-year sentence for murdering her husband, she petitioned for release on parole to a medical facility pursuant to the Compassionate Release Act (CRA). The lower court denied the petition. The Appellate Division reversed, ruling that the statute does not vest a court with any discretion and mandates that a court grants a petition for release on parole under the CRA if the court finds there is clear and convincing evidence an inmate suffers from a qualifying permanent physical incapacity and does not pose a threat to public safety.

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