Hersche’s lawyer says the 22-year-old is expected to be transferred to a rehabilitation centre in Turin on Monday.
He says his client has been suffering from depression and has no intention of returning to the Italian prison system.
“He is not depressed,” lawyer Andrea Mariani told La Stampa newspaper.
“He doesn’t want to go back to prison.
We are optimistic that he will be released.
We have no doubts whatsoever that he has received medical treatment.
He has a family and friends who love him and he loves to talk to them.
He is a good person.”
In a statement released on Tuesday, the Turin prosecutor’s office said it had not received a court order ordering Herscher to be detained, but was “not in a position to confirm” whether it had.
Herschel is due to return to Turin to face a court hearing on Wednesday.