In 1931, Capone was sentenced to a total of 11 years—10 years in federal prison for income-tax evasion, and one year for contempt of court (he failed to show up to a grand jury investigation). The contempt of court charge was to be served in Chicago.
Had Capone served those 11 years, he would have been released in 1942. However, because of his good behavior in prison, he ended up being released in November of 1939.
Less than a year before his release, on February 5, 1938, Capone’s life changed forever when the syphilis he’d been fighting for many years finally attacked his brain. His family wanted him transferred to a federal prison hospital, such as the one in Springfield, Missouri, but the Bureau of Prisons said Capone would have to be found insane by a jury first. Al would lose his good time, and end up incarcerated for many more years. Rather than keeping Capone in the system, his family took him to a private hospital. After a few months of treatment there, Al’s family took him home, knowing that the prognosis was not good.
These key documents track Capone’s release from prison, and follow him until his death in 1947 at the age of 48.
December 14, 1938: “Memorandum for the Attorney, Re: Alphonse Capone” (to Attorney General Homer Cummings from Bureau of Prisons Director James Bennett)
September 19, 1939: “Memorandum for the Attorney General, Re: Mental Condition of Al Capone" (to Attorney General Frank Murphy Bureau of Prisons Director James Bennett)
October 21, 1939: Letter from Ralph Capone to Dr. Joseph Earle Moore
October 21, 1939: “Memorandum for the Attorney General, Re: Al Capone” (to Attorney General Frank Murphy from Bureau of Prisons Director James Bennett)
October 23, 1939: Letter to Doctor [sic] James V. Bennett from Dr. Joseph Earle Moore
November 6, 1939: Letter to Warden E. J. Lloyd from Bureau of Prisons Director James Bennett
November 9, 1939: “Memorandum for Mr. Bennett, Dr. Padgett, Warden Hill” from an unknown sender.
November 16, 1939: “Suggested News Release” from Bureau of Prisons Director James Bennett
January 21, 1947: Record of Al Capone’s death by Dr. Kenneth Phillips, Capone’s personal physician (RR Auctions, Amherst, New Hampshire)