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Freed inmate is back in custody

November 15, 2011 |  7:34 pm

A California inmate paroled because doctors thought he was too sick to "perform activities of basic daily living" is back under guard after nurses said they caught him masturbating in his hospital bed.

Generally, an inmate has to be so incapacitated that they no longer pose a threat to public safety, need 24-hour care and are "permanently unable to perform activities of basic daily living," according to a corrections department press release.

Since the law went into effect on Jan. 1, 24 inmates have been granted medical parole under a practice that has been somewhat controversial.

In the most recent case, convicted burglar Peter Post, 33, may now have to complete the rest of his 31-year sentence behind bars, if a prison doctor determines he's not as sick as previously believed.

Citing healthcare privacy laws, prison officials refused to describe the illness that qualified Post for the state's new controversial medical parole program Nov. 3.

He was only out for five days before the nurses reported him.

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--Jack Dolan

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