How to ask for compassionate release?

kmk · #1 05-15-2020, 01:18 PM

Hello all!

My father is going on 76 and at Shawnee Correctional Center. Given the pandemic:

-- What is the process for requesting compassionate release and how can we maximize the possibility that it could be granted?

-- If granted, is the inmate/are families given any notice?

-- If he is offered house arrest as opposed to actual early release, will his social security payments be reinstated? (It is suspended while he is in prison). (Edit: I mean regular social security earned from when he was working, not disability SSI.)

Thank you so much!

Born · #2 05-15-2020, 02:20 PM

Quote:

Originally Posted by kmk

Hello all!

My father is going on 76 and at Shawnee Correctional Center. Given the pandemic:

-- What is the process for requesting compassionate release and how can we maximize the possibility that it could be granted?

-- If granted, is the inmate/are families given any notice?

-- If he is offered house arrest as opposed to actual early release, will his social security payments be reinstated? (It is suspended while he is in prison). (Edit: I mean regular social security earned from when he was working, not disability SSI.)

Thank you so much!

I can answer the SS. As soon as he knows he's going out he needs to meet a month prior with his councilor and his councilor helps submit the paperwork and sends it through to social security for him. His payment will then begin 30 days after his release.

kmk · #3 05-15-2020, 03:02 PM

For anyone else with questions about this, I just spoke with the Uptown People's Law Center in Chicago and they said that they are putting together a class action lawsuit to try to get vulnerable people out. You can add your loved one to their list of people if you call them.

They also told me the Illinois Prison Project is conducting a workshop May 16 (and additional ones in the future) on asking for emergency clemency, which seems to be the standard way to get compassionate release.

I wanted to pass on this helpful information for others in IL who might have the same questions!

safran · #4 05-15-2020, 03:03 PM

“If he is offered house arrest as opposed to actual early release, will his social security payments be reinstated? (It is suspended while he is in prison).”

House arrest means he’s still in the custody of the state; a compassionate release would be much, much better.

Born · #5 05-15-2020, 03:11 PM

Quote:

Originally Posted by safran

“If he is offered house arrest as opposed to actual early release, will his social security payments be reinstated? (It is suspended while he is in prison).”

It will NOT be re instated if he’s on house arrest; house arrest is a form of incarceration.

Safran, As it says in the social security link below. So if the person is released and sent to home confinement he should be eligible for his payments. there is nowhere in the publication that states otherwise.

https://www.ssa.gov/pubs/EN-05-10133.pdf

NOTE: We can’t start your benefits until your release. We must have your official release documents from the jail or prison where you were confined. Please remember to bring your release forms when you visit your local Social Security office. This will help us get your benefits started more quickly.

And KMK please call them up to confirm as i wouldn't want to lead you astray. Their phone number is in the link provided.

safran · #6 05-15-2020, 03:51 PM

See the phrase “or certain other public institutions”?

I fear house arrest falls into this area.

kmk · #7 05-15-2020, 05:02 PM

Thanks! I will call the office. From all I've read it seems like he'd receive it again since he is no longer a ward of the state, but I fear there could be some kind of loophole as Safran indicates. I asked the Uptown People's Law Center the same question when I called earlier today and the paralegal didn't know, but he is forwarding the question to a lawyer who specializes in social security. I'll post the answer when I learn it.

safran · #8 05-15-2020, 05:41 PM

I think house arrest IS a ward of the state. I’d like to be wrong!

chris idoc · #9 05-29-2020, 02:33 PM

KMK,
IDOC is currently screening people in custody for furloughs due to covid 19 which means they will be released and then be reincarcerated to complete their sentence once the covid 19 threat is over. Furloughs are still considered as in custody of the state.

IDOC is also screening people to be released to Home Detention which means they are completing custody time at their approve host site, but are still considered as in custody as safran was mentioning. If this is the case he will not be allowed to get his SS due to being in custody of the state.

If he is paroled then yes he can and should have his SS reinstated.

Take Care Chris