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Inmates: Death With Dignity and Early Release

Our aging, sick and dying prison population is presenting a fiscal crisis and worsening. What can states do about it?

A report by the non-partisan California Legislative Analyst's Office says elderly inmates cost two to three times more to care for than do younger ones. It notes that the National Center of Institutions and Alternatives estimates incarceration costs for an elderly inmate are $69,000 a year, compared with a national average of $22,000 for all inmates.

Some states are adopting early release for aging prisoners. We hope the practice spreads:

When considering dangerous, violent and predatory inmates, one does not usually envision an elderly man hobbling down a prison corridor with a cane or walker," says a new institute report for the Justice Department's National Institute of Corrections.

"However, in reality, some of the most dangerous and/or persistent criminals sentenced to life in prison without parole 30 years ago are now old, debilitated, frail, chronically ill, depressed and no longer considered a threat to society or the institution," the report says.

The Warden at Angola, Louisiana's harshest prison, takes it one step further:

In a state where a "life sentence" means just that, officials at Angola are determined to provide "death with dignity" for inmates. There is a hospice for the terminally ill. No one dies alone. Since 1998, a glass-enclosed hearse, made by prisoners and drawn by two Percheron horses, carries bodies to the prison cemetery in handmade coffins. Inmates walk behind, singing Amazing Grace as they go.

Of the 5,018 inmates at Angola — located about 115 miles northwest of New Orleans on the Mississippi River — 90% will die in state custody, says Angola's warden, Burl Cain. That's a result of longer and mandatory sentences in recent years, with limited opportunities for parole. "Inmates are getting older and more feeble, and the medical costs are going up, and it's just yuck," Cain says.

As we've noted before, state budget constraints are forcing states to re-examine their sentencing laws, particularly those that provide for lengthy sentences as part of the public and politician's clamor to "get tough on crime."

As a result, we now see that states are beginning to open the prison doors early for non-violent drug offenders.

States are granting early release to non-violent prisoners, cutting sentences, sending drug offenders to treatment centers and revising tough-on-crime laws in reverse of a 20-year trend.

Examples:

  • Drug offenders increasingly are getting treatment instead of jail time. California put 30,469 drug offenders in treatment programs in its first year of a voter-approved program. Arkansas, Connecticut, Colorado, Indiana, Mississippi, Kansas, Texas, South Dakota and Washington also reduced drug penalties.
  • Mandatory-minimum sentencing laws were revised in Michigan, Missouri and Delaware, so judges had more flexibility to determine how long criminals should be locked up.
  • Arkansas, Kentucky, Montana, North Dakota, Oklahoma and Washington released prisoners ahead of their scheduled release.
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