The release from prison in Scotland and return to Libya of the “Lockerbie bomber,” Abdel Basset Ali al-Megrahi, has prompted much discussion on the propriety of the release of incarcerated individuals on compassionate grounds.

With the trend toward lengthier prison sentences has come an aging prison population. As a result, in recent years, several jurisdictions have enacted or revised legislation providing for the release of inmates on the basis of terminal or chronic illness or on other compassionate grounds. Humanitarian impulses have not been the only motivating factor; releasing gravely ill patients and placing them in a facility more readily capable of caring for their needs can result in significant cost savings in these difficult economic times.

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