Jail Release For Birth Of Child
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The law provides for the early release of a prisoner from the jail on compassionate grounds if:
- The female prisoner is due for delivery or has given birth to a child, or
- The prisoner (irrespective of gender or age) is seriously ill and he or she is unlikely to recover from this illness.
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Early release of a female prisoner on account of child birth is based on moral grounds, and considering the fact that is the child is born while the mother is imprisoned in jail, he will be separated from her after birth and will be deprived of mother’s milk and comfort. This could lead to lifelong damage to the child’s psychological growth and well being.
A written application must be submitted along with the necessary supporting documents. The Department for Child, Youth and Family must first ascertain whether the prisoner will be able to provide a safe and caring environment for her child or not. The Community Probation Service must present its views about the living arrangements of the female prisoner and her baby after release from the jail. They must also clearly spell out the parole conditions to the prisoner before the release.
When the application of the prisoner has been received along with all the supporting documents, her suitability for early release on compassionate grounds is assessed. Based on the Prison Manager’s extensive report and the recommendation made by him or her for the early release of the individual on compassionate grounds, the Parole Board makes its decision whether or not to go ahead with the early release of the prisoner from jail.
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Jail Release For Birth Of Child
