HARRISBURG — A woman sentenced to jail for 10 months for a $109.63 theft, despite needing surgery to treat what her family says is advanced uterine and cervical cancer, is being transferred to a state prison, her lawyer said Monday.

However, her family is asking the sentencing judge to release her to home confinement so that she can continue to see her doctors at Hershey Medical Center, her lawyer Scott Feeman said.

Feeman said he knows Ashley Menser will be provided health care in a state prison, but her family wants Menser to see the doctors who know her condition best.

Menser was sentenced and sent to jail Jan. 22.

The 36-year-old Menser had a history of theft convictions before she pleaded guilty last year to stealing $109.63 worth of merchandise from a grocery store, according to court records.

PA Post reported last week that it had been hours before Menser had an oncology appointment where she expected to be scheduled for surgery to remove her uterus.