Access and utilization of compassionate release in state departments of corrections

ABSTRACT

Compassionate release (CR) is touted as an ethical and cost-effective mechanism for releasing older adults or individuals with life-limiting illness from prison and reducing prison overcrowding. However, little is known regarding the monitoring practices and the numbers of persons eligible, applying for, and being released under CR policies. The current study sought to describe CR monitoring practices, and access and use of CR for each U.S. state between 2013 and 2015 using data obtained via public records requests. Roughly 80% of responding states monitored the number of persons released under CR policies (n = 39), though only 65% of responding states captured records of those who applied for release (n = 32). Fewer monitored CR eligibility (35% n = 17). Between 2013 and 2015, 5,932 persons were eligible for CR. However, less than half of these persons applied for CR during the study period (46.4%; n = 2,751), and less than 30% of those who applied were discharged under CR during the study period (n = 802). The importance of monitoring and reporting numbers of persons eligible, applying, and released under CR policies is discussed.

KEYWORDS:

• Compassionate release
• medical release
• parole
• ageing inmates
• chronic or terminal illness
• prison health care

Disclosure statement

My coauthors and I do not have any conflicts of interest, financial or otherwise, influencing this research and APA ethical standards were followed during the entirety of the study period. This manuscript has not been published nor submitted simultaneously for publication elsewhere.

Data availability statement

Data associated with this manuscript may be available to use with permission from the first author.

Notes

1. While the average number of applications for 2014 is higher than for 2013 and 2015, California collected application data for only that year in the study period (n = 555). Excluding California, 2014 findings are similar to findings from 2013 and 2015 (M = 22.83, SD = 50.58).

Additional information

Notes on contributors

Margaret Holland

Margaret Holland , MSW, is a PhD candidate in the College of Social Work at Florida State University. Her research focuses on service utilization and quality of services for people with disabilities.

Stephanie Grace Prost

Stephanie Grace Prost , PhD, MSW, is an assistant professor in the Kent School of Social Work at the University of Louisville. Her research interests include correctional health and peer caregiving in carceral settings.

Heath Hoffmann

Heath Hoffmann , PhD, is a professor of Sociology at the College of Charleston. His research interests include prison programmeing and policies and end-of-life care experienced provided by veterinarians.

George Dickinson

George Dickinson , PhD, is a professor of Sociology at the College of Charleston. His research and teaching interest in end-of-life issues goes back to 1974.