Yolo County prosecutors call for overhaul of law freeing terminally ill prisoners under "compassionate release"
A man with a violent past is set for release from prison and the Yolo County District Attorney's Office is fighting back against the law that has opened the door to his freedom.
Howard Wilbanks, 70, is nine years into serving a life sentence with the possibility of parole at Solano State Prison.
However, on Friday in Yolo County court, Wilbanks was granted release under California's compassionate release law following a petition by the California Department of Corrections and Rehabilitation (CDCR).
A CDCR medical report, obtained through court documents, outlines that he is suffering from terminal metastatic lung cancer that has spread to his bones.
According to the CDCR, Wilbanks is wheelchair bound and recently underwent surgery to "release cancer pressure on his spinal cord and can no longer walk," according to court documents.
The CDCR petition goes on to say, 'After his most recent evaluation by his oncologist, the specialist recommended compassionate release due to the serious and advanced illness with an end-of-life trajectory.'
"I don't think the law is written in a good way. I think it allows too many people to be eligible for release, and it eliminates any type of truth in sentencing," said Melinda Aiello, Yolo County chief deputy district attorney.
Under the law, once CDCR files a petition for compassionate release on behalf of a prisoner, then within the next 10 days, their case must appear before a county judge.
If the judge rules in their favor, they can be released as soon as 48 hours following to parole or post-release community supervision.
In Wilbanks' case, he opted to be released within the next 30 days while the state looks to find a suitable facility to help address his end-of-life needs.
"The placement can vary. It can be with a family member, if that family member is able to provide the care, or it can be some type of either care facility or re-entry facility," said Aiello.
"Who pays for that?" I asked.
"I assume the state," said Aiello.
Wilbanks has a lengthy criminal history.
As a juvenile, he was convicted of second-degree murder and burglary.
As an adult, he was convicted of a host of charges that include: assault with a deadly weapon, assault with a deadly weapon on a peace officer, battery, theft, robbery, obstructing/ resisting a peace officer, various drug charges and drunk driving.
"The only individuals who do not qualify [for compassionate release] are those who have been imposed the death penalty or life without the possibility of parole," said Aiello, an increasingly rare fate in the state of California, she points out.
Aiello and the Yolo County District Attorney's Office are calling the law into question.
When fighting these compassionate releases in the courtroom, Aiello says the judge can basically only rule on the medical facts of the case.
"It is written with an impossible standard for the prosecution to overcome," said Aiello. "If he meets his medical criteria, there really isn't a legal leg to stand on. We are prohibited from presenting evidence of the current commitment offense, a prior criminal history, or even the lack of rehabilitation while in prison. So the law is essentially designed to really bind the court's hands."
Even worse, Aiello says, is that even if the offender's victims give an impact statement at the release hearing, it essentially means nothing.
"Even if a victim is adamantly opposed to a release, that has no weight for the court's decision," said Aiello.
"Do you feel like this is just kind of a gut punch to the victims?" I asked.
"I do. California voters voted constitutional right for victims to be heard, and they have been eliminated effectively from this process," said Aiello.
In January, CBS Sacramento first reported that the DA's office also opposed the compassionate release of Kevin Ellis.
Ellis, a twice-convicted child molester, was serving a more than 100-year sentence in prison when he was granted compassionate release.
He was given less than six months to live at the time. It has now been about nine months since his release to a medical facility under parole conditions that included him registering as a sex offender.
"Mr. Ellis is still in a veterans hospice care. He is still is alive," said Aiello.
Ellis' former partner and son told CBS Sacramento in January that they were adamantly against his release.
"Mercy on the wolf is cruelty to the sheep, right? Who are we having compassion on?" asked Hamilton.
He says he routinely checks the obituaries, knowing he will find relief when his father has passed away.
"For me, I feel a sense of personal responsibility because he is my biological father. What I've chosen to do with that information is I live in rebellion against it. I have a pure, wonderful family. My daughters love me. I love them. Everything is holy and pure. But then I know that this dark part of my family's past is out there and I know that he's going to re-offend if given the chance," said Hamilton.
Hamilton started an online petition to amend the law and has been working to get lawmakers to take up the issue.
"I reached out to Governor Newsom, crickets. Nothing. I reached out to people that could potentially be game-changers, I've heard nothing back. So with that, it makes me sad that me, as a citizen of California, I'm unable to sincerely have a voice," said Hamilton.
Following decades of criminal justice reform in California that was largely intended to address prison overcrowding, Aiello says compassionate release has gone too far.
"I think the legislature needs to rewrite the law," said Aiello.
"What offenses do you think should disqualify you from getting compassionate release?" I asked.
"At the very least, anyone who's been charged and convicted of a sex offense, and then I think next should be consideration of any person who's serving life in prison. Life in prison should have some type of meaning," said Aiello.
Hamilton wants the law changed so that no sexual or violent offender can receive compassionate release.
The state of California is required to report annual data on these releases. In 2024, judges considered 143 compassionate release cases. Thirty-two were granted, totaling just over 20%.
CDCR, when asked to answer questions regarding Wilbanks' release, told CBS Sacramento in a statement:
"The Compassionate Release Statute— Pen. Code §1172.2(a) requires the Department to refer to the sentencing court incarcerated individuals who meet established medical criteria for release consideration. Another good source of information is the California Correctional Health Care Services Palliative Care Guide, which includes information on Compassionate Release. CDCR does not provide scheduled release dates or future housing information. Per medical privacy laws, we can't speak to an individual's protected health information," a spokesperson said.