Don Specter, whose nonprofit Prison Law Office offers free legal services to California prisoners, said the Rodriguez case "shows how irrational the parole process is."

"The law says you should pay a price for this kind of crime, but not your whole life," he said. "The question becomes, what does the state gain by keeping this man in prison?"

Rodriguez uses a walker and is hard of hearing. He has arthritis and is often forgetful. He's taken some hard falls over the years, breaking his arms and severely bruising himself. He's lived in the prison hospital for two years, sleeping in a dormitory setting rather than a cell.

The geriatric prison population in California and elsewhere is only going to increase in future years.

One recent projection is that by 2030, California will have 33,000 geriatric prisoners, compared with about 9,500 now. The increases are attributable to longer sentences, mandatory minimum-sentencing laws and tighter parole policies.

According to one study, the average cost of housing a geriatric prisoner — defined as 55 or older — is about $70,000, two to three times the cost for a younger inmate. The bill climbs even higher for those with serious physical and mental disabilities.

Rep. Maxine Waters "has taken an interest" in Rodgriguez's case because he's a veteran.