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I am willing to bet beyond reasonale doubt that the judge is more than aware of the man's health condition, and that this man is essentially bedridden at this point. There's no real reason to put a bedridden, essentially "dying" person in a locked-down health facility other than to spite him.
Just because he's too frail to serve jail time doesn't mean justice wasn't served. The proper channels were used, and he was sentenced. His sentence accounts for reality- he's old and infirmed. I don't see this as a free pass, this is all that can be expected to happen.
The judge even said it was partly a cost thing... think of it this way:
The judge puts him in jail, we all pay [taxes] for him to wither and die... if the judge gives him probation, he pays to wither and die. So really, giving him "jail time" would have been a free ride- this is actually going to cost him something tangible.
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