if your incarcerated and appy for house arrest is there anyway of getting around the ten day waiting period for approval?family or medical issues?

Get Legal Help Today

 Secured with SHA-256 Encryption

if your incarcerated and appy for house arrest is there anyway of getting around the ten day waiting period for approval?family or medical issues?

is there anyway around waiting ten days?they are refusing to give medication to a person that is incarcerated and mother is having many serious health problems is there anyway of speeding this up or someone i can talk to about it?

Asked on April 18, 2009 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

8th amendment of the U.S. Constitution prohibits cruel and unusual punishment.  Who is "they"? Waiting periods are for a reason.  That issue is separate and apart from your real concern dealing with medication needing to be given to a prisoner. 

5007.5.  (a) The Director of Corrections is authorized to charge a
fee in the amount of five dollars ($5) for each inmate-initiated
medical visit of an inmate confined in the state prison.
   (b) The fee shall be charged to the prison account of the inmate.
If the inmate has no money in his or her personal account, there
shall be no charge for the medical visit.
   (c) An inmate shall not be denied medical care because of a lack
of funds in his or her prison account.
   (d) The medical provider may waive the fee for any
inmate-initiated treatment and shall waive the fee in any
life-threatening or emergency situation, defined as those health
services required for alleviation of severe pain or for immediate
diagnosis and treatment of unforeseen medical conditions that if not
immediately diagnosed and treated could lead to disability or death.

   (e) Followup medical visits at the direction of the medical staff
shall not be charged to the inmate.
   (f) All moneys received by the Director of Corrections pursuant to
this section shall, upon appropriation by the Legislature, be
expended to reimburse the Department of Corrections for direct
provision of inmate health care services.



Have your family get a private criminal defense attorney to an immediate motion regarding this matter.  Try www.attorneypages.com, and then check his or disciplinary record under attorney search at www.calbar.ca.gov.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption