Compassionate Release for Elderly and/or Sick Persons
Summary
There are a growing number of old, feeble and very sick prisoners currently incarcerated in the New York State correctional system. These inmates experience additional suffering as a result of their physical deterioration, and are an extraordinary drain on state resources, because of their special needs and medical expenses. Careful screening and release under supervision in the community would insure that those released pose minimal or no risk to public safety. Compassion and fiscal economy are advanced by the practical accommodation of earlier, but controlled release to the community.
Conference Position
Geriatric parole, electronic detention, and supervised nursing care are the desired humane alternatives for the old, sick and physically disabled prisoners who no longer pose a threat to society. The lives and dignity of those convicted of crimes must be respected. Our treatment of those convicted of crimes must always be humane, and compassionate release represents the humane option for a number of the state’s elderly or infirmed inmates.
Rationale
With the near doubling of many sentences in the past decades, and the “truth in sentencing” policies that guide parole releases, the average age of the New York State prison population has steadily increased. Prison also ages a person more quickly. Prisoners over the age of 55 have been found to be physically seven years older than their calendar age and suffer from an average of three chronic illnesses. At the same time the cost of housing older prisoners has been found to be about twice that of younger prisoners.
These are, for the most part, low risk offenders. One of the best predictors of recidivism is age. As we get older, we become less dangerous. After age 35, the inclination or ability to commit major crime decreases. Between 55 and 80, the recidivist inclination is very low indeed.
After a review process that considered all relevant factors, including prison disciplinary and rehabilitation records, criminal history, and community or family support, candidates could be scheduled for early geriatric or elderly prisoner release. Length of time served and degree of impairment and suffering should also be considered.
The early release system should be tailored to the needs of the low risk geriatric and older prisoner. Some could be released outright to routine parole monitoring, others could be assigned to electronic home detention program, and still others could be transferred to secure nursing homes or veterans to veteran hospitals where appropriate.
Legislation has been introduced in both houses that would allow for early release of “Geriatric and Older Prisoners”. In addition to the primary consideration of being compassionate and fair, such legislation could save the state millions of dollars.
You can download this document, Compassionate Release for Elderly and-or Sick Prisoners, in PDF form.
