california penal codes i'm looking for information on putting disabled people in prison?

Question

My nephew was injured in a high speed chase with police. he was almost killed in the accident. now a year later he is in a wheelchair. he still uses a pee bag and can stand with a walker. Now they want to send him to prison for a parole violation. hasn't he suffered enough?

Answer 1

Disabled people can, and do, go to prison. Just bc they've become disabled in the process of their crime and/or their parole violation doesn't mean they should not be held to account for their actions whatever they may be.

Your nephew was forutnate enough to get paroled. Unfortuanately, he didn't learn his lesson or appreciate his enviable parole opportunity/position. He could have used his time and life more wisely.

Jail, prison, that's why they are there--the person is no longer a child eligible for a "time out" and having to miss recess, or grounded and having to miss the prom. An adult is too big to put over anybody's knee anymore and no one should have to.

As well, incarceration exists bc a person has violated a social code/pact that affects everybody--and not just themselves. Rape, murder, and, yes, parole violations and high speed chases qualify for incarceration or revoked parole.

When the person fails or refuses to respect the law and those social codes, there are consequences. There need to be, or everyone will wholesale see what they, too, can get away with. Lack of self-control and self-discipline, lack of a conscience means that there will be a lack of social order and safety and then EVERYONE's life, liberty, and pursuit of happiness is lost and not just the offender's.

After his original offense and time served: HE chose not to grow up. HE chose not to mature. HE chose not to learn or profit from his previous error(s). HE chose not to develop some integrity. HE chose not to respect himself or his life, much less anybody else's when he got behind that wheel and put the pedal to the metal.

I wish your nephew had learned his lesson and taken his parole seriously and gratefully. He got an extra/early chance to turn his life around and be a productive, dependable, and trustworthy family member and society member.

Instead, he dug a deeper hole for himself and didn't have sense enough to stop digging. He's paying for that now, particularly since he's become so severely disabled via his own actions/behavior and facing parole revocation. .

I know you care for him and that your heart aches to think he will have to go back in, especially in his current condition. But, he had this coming and it was all his choice. It was all his choice from the very beginning when he first CHOSE to offend.

Not to be glib, but Dr. Phil is so right when he says: You choose the behavior, you choose the consequences.

I wish you peace in this process as it unfolds. I truly do because you're clearly suffering too.

Answer 2

Lesson 1: 5150 is not Penal Code.

Answer 3

First, you yourself can do some basic legal research in California law by visiting this site www.leginfo.ca.gov/calaw.html

This site has search facilities you can use to find out more about your specific situation. Keep in mind, that California law (as well as criminal law in many other states) will prevent persons who are mentally incompetent from being incarcerated, but generally do not show any leniency when sentencing the disabled (other than accommodations required by the Americans with Disabilities Act)

Answer 4

I don't want to sound callous but he violated his parole. Sounds like he didn't learn a lesson from almost losing his life. You do the crime you do the time.

Answer 5

Try the sites below. Make sure to change the state to CA. Hope this helps.

Answer 6

Since he is incapacitated he cannot go to prison since he look on as mental and can not be responsible for his actions. He is protect under U.S. Constitution.

Answer 7

I think they have a three strikes and your out!

Answer 8

Nope. He needs to do his time.