Q: Can MD imprison someone who requires 24hr physical care? Can't walk, prepare food, or bathe alone, and has fluid wounds?
This person Has to have toilet needs brought to them, fluid wounds cleaned and rebandaged every other day, assisted with multiple areas for bathing, and all food and drinks brought to them. They also only have an electric wheelchair that has to be charged by someone else and they can't move off of their couch to even get into the wheelchair by themselves. They also cannot put any clothes on the lower half of their body by themselves. Also, they've only left their home 3 times in the past 2 years.
A: For a major felony where jail is the expected punishment, yes. Whether a defendant goes to jail or not depends on a lot of factors, in particular the seriousness of the crime, victim injury, the defendant’s past criminal history, etc. Most first offenders, misdemeanors and even felony property crimes may not face actual jail as punishment. But a defendant who commits 1st degree rape, murder, or inflicts serious injury to others with a weapon is going to jail regardless of their physical infirmity. It all depends on the crime, the facts and the defendant’s personal history and circumstances. The defendant’s severe physical health issues would certainly factor into any sentencing decision, but it cannot be a free pass for all crimes no matter how serious.
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