PDF State v. F.E.D.
In this case, the New Jersey Supreme Court held that the state Compassionate Release Statute does not require that an inmate prove that he is unable to perform any activity of basic daily living in order to establish a “permanent physical incapacity.” Rather, the statute requires clear and convincing evidence that the inmate’s condition renders him permanently unable to perform two or more activities of basic daily living, necessitating twenty-four-hour care.